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/ 

THE POLITICAL HISTOEY 



UNITED STATES OF AMERICA 

DURING THE 4 JL 7 

PERIOD OF RECONSTRUCTION, 

(From April 15, 1865, to July 15, 1870,) 



INCLUDING A 



CLASSIFIED SUMMAPtY OF THE LEGISLATION OF THE THIETY- 

NINTH, FOETIETH, AND FORTY-FIRST CONGRESSES. 

WITH THE VOTES THEREON; 



TOGETHER WITH THE 



ACTION, CONGRESSIONAL AND STATE, ON THE FOURTEENTH AND FIF- 
TEENTH AjVIENDMENTS TO THE CONSTITUTION OF 
THE UNITED STATES, 



AND THE OTHER 



IMPORTANT EXECUTIVE, LEGISLATIVE, POLITICO-MILITARY, AND 
JUDICIAL FACTS OF THAT PERIOD. 



By Hon. EDWARD McPHERSON, LL.D., 

CLEBK or THE HOCSE OF REPEESENTATIVE3 OF THE UXIIED STATES. 



WASHENGTON, D. C. : 

PHILP & SOLOMONS. 

1871. 



I 



Entered according to Act of Congress, in the year 1871, l)y 

EDWARD MoPHERSON, 

In the Clerk's Office of the District Court of the United States for the District of Columbia. 



5 kim 



STEIIEOTTPED BT 

iMcGILL A WITUEROW, 

WASniNOTOW, B. c. 



PREFACE. 



This volume is a reprint of my Political Manuals, issued in 1866, 1867, 1868, 
1869, and 1870, with revision and corrections to date and with some additions, 
and includes the political facts of the most momentous legislative period in 
the history of our country — that between April 15, 1865, and July 15, 1870. 
During it occurred the great controversy between President Johnson and 
the Thirty-ninth and Fortieth Congresses, which resulted, among many minor 
features of significance and importance, in the enactment of the Civil Eights 
act and the Tenure-of-Office act; the overthrow of the Presidential plan of 
Eeconstruction ; the remission to military rule of the lately insurrectionary 
States, except Tennessee; the prescription by Congress of the terms of their 
restoration; and the adoption, by Congress and the requisite number of State 
Legislatures, of the Fourteenth Amendment to the Constitution of the United 
States, which distinctly defines citizenship and places it under constitutional 
protection, and of the Fifteenth Amendment, which settles upon a new basis 
the question of suffrage in the United States, and modifies the relations of the 
States to it — all which measures indicate the era referred to as unquestionably 
the most remarkable in our legislative history. 

It has been my effort to preserve in these pages the record of the various 
steps by which these ends have been reached, so that it may be entirely prac- 
ticable for the student of them to trace their development from the first sug- 
gestion to the final shape. 

A glance at the Table of Contents and the Index will indicate the^ scc^e of 
the work, and the thoroughness and detail which characterize it ; and' a close 
examination of its pages will, I trust, leave no room to doubt that it has been 
prepared in a spirit of fairness and impartiality, and that it may be accepted as 
an actual contribution to the political history of our times. 

The general plan of the work is the same as that of the Political History of 
the United States during the Eebellion, but differs from it chiefly in its having; 
been arranged in annual parts. The advantage in this is>.ihat it exhibits m/are- 
clearly the growth of legislation and of public sentime^nt o-n each question^. year 
by year. The disadvantage is, a small increase ia th-e; labor of investigation. 



IV PREFACE. 

It is hoped, however, that the completeness of the Index, both as to subjects, 
persons, and parties, will enable all, without difficulty, to command ready access 
to the multitude of facts which will be found in these pages. 

Part I contains a full statement of the Orders and Proclamations and the 
general action of President Johnson, in the development of his policy of restor- 
ing the insurrectionary States to their places in the Union, by calling constitu- 
tional conventions in each, on an indicated basis, and by suggesting certain 
action therein as preliminary to restoration. It also contains the legislation 
of those organizations respecting the colored population recently freed, and the 
various Messages, Speeches, Letters, and Proclamations of the President in 
vindication of his policy and in resistance to that of Congress. This part will 
also be found to contain the full text of the majority and minority reports 
of the Joint Congressional Committee on Eeconstruction, with the text of 
the Fourteenth Amendment, as finally adopted by Congress and submitted 
to the Legislatures for their action. This amendment having been rejected 
by the Legislatures in the insurrectionary States, chosen under the action 
of President Johnson, Congress subsequently adopted the decisive measure of 
dividing those States into five Military Districts, providing for their re-organ- 
ization on the basis of, substantially. Universal Manhood Suffrage, and pre- 
scribing the conditions on which they would be entitled to representation in 
Congress. 

Part II contains the texts of these various measures, the Veto Messages of 
the President in disapproval of them, and the various Votes by which they 
were passed over the veto by two-thirds of each House. 

Part III contains all the proceedings connected with the proposed impeach- 
ment of President Johnson by the Fortieth Congress, with the Articles of 
Impeachment in full, the answer of President Johnson, the Eeplication of the 
House, and the Judgment of the Senate thereon. It also contains a digest of 
the Orders of the Military Commanders and their general action under the 
various Keconstruction acts, with an abstract of the Constitutions prepared by 
the ConventionB called under them. 

Parts IV and V contain the remaining record of Eeconstruction, the final 
votes in Congress upon the adoption of the Fifteenth Constitutional Amend- 
ment, President Grant's action thereon, the votes of the various State Legisla- 
tares, and the final certificate of the Secretary of State announcing its ratification 
as an amendment to the Constitution. Besides these great measures, the interest 
in wliich will scarcely abate as long as our present system of government 
remains, in this volume will bo found all the Decisions of the Supreme Court of 
the United States during this period, on the more important public questions 
whicli came before it, such as the Habeas Corpus, the Legal-Tender, and the Test- 
Oath cases ; the right of States to tax National Banks ; the right of the United 



PREFACE. V 

^ates to tax State Banks ; the right of a State to tax persons passing through it; 
the validity of contracts in confederate money, and the effect of express con- 
tracts to pay coined dollars; and sundry opinions in United States Circuit and 
State courts. Besides, in it will be found all the votes in Congress upon general 
questions, such as the Public Credit act. Banking and Currency legislation, the 
Tenure-of-Office act, the Civil Rights act, Internal Eevenue, Tariff, and Land- 
grant legislation ; the various Messages, Proclamations, and Orders of Presidents 
Johnson and Grant ; the votes of Congress on political declaratory resolutions ; 
the platforms of parties, both State and National, from 1866 to 1870 ; the returns 
of State and Presidential elections ; Tables of Population, Public Debt, Land- 
grants, Taxation, Eegistration, Disfranchisement, Expenditures and Appropri- 
ations, Eevenue receipts and reductions, Lists of the Cabinets of Presidents 
Johnson and Grant, and of the Members of the Thirty-ninth, Fortieth, and 
Forty-first Congresses ; and an extended political and military miscellany, which 
will be found to include almost every thing of permanent interest connected 
with national politics during the period referred to. 

This volume takes up the thread where it was dropped by that on the Ee- 
bellion, and it is naturally a companion to it. That gives the record of the 
steps by which Secession was accomplished and Disunion attempted, as well as 
of those by which Secession was resisted and Disunion defeated. This gives the 
equally portentous record of the means by which, the War over, the Govern- 
ment and people of the United States reaped its fruits, and especially the 
memorable steps by which four millions of slaves, formerly knows as chat^ls, 
became incorporated, first into the civil, and next into the political, body. 

In the various votes given, the names of Eepublicans are printed in Eoman, 
of Democrats, and of those who generally co-operated with them, in italic. 

EDWAED McPHEESON. 
Washington, D. C, April 20, 1871. 



TABLE OF CONTENTS 



■FJ^:RT I~1866. 



I. Constitntion of the United States— Mr. 
Seward's Certificate of the Eatification 

of the Anti-Slavery Amendment 1-6 

II. President Johnson's Orders and Procla- 
mations 7-18 

Respecting Commercial Intercourse — Trial 
and Punisliment of the Assassins of Abraham 
Lincoln— Arrest oft letferson Davis, Clement 
C. Clav, and others— To re-establish the Au- 
thority of the United States in Viririnia— 
Equality of Rights with Maritime Nations— 
The Bloclvade— AnMiesty— Appointins Provis- 
ional Governor for North Carolina, and other 
Insurrectionary States— Frcedmen— Suppress- 
ion of Rebellion in Tennessee- Paroled Pris- 
oners — Martial Law withdrawn from Kentucky j 
— Annulling the Suspension of the Habeas 
Ojrpiw- Declaring the Rebellion Ended— Ap- 
pointments to Olfice— Trials l>y Jlilitary Courts 
—Against the Fenian Invasion of Canada. 

III. Action of the Conventions and Legis- 
latures of the Lately Insurrectionary 
States 18-28 

Proclamations of Provisional Governors- 
Elections of Conventions and Ordinances 
thereof— Enactments of Legislatures— Tele- 
grams of President Johnson and Secretary 
Seward respecting the Rebel Debt, Colored 
Suffrage, .\nti-Slavery Amendment, Admission 
to Congress of Senators and Representatives 
elect— President Lincoln's Lettgr to Governor 
Hahn, March 1.3, 18G4, on Colored Suffrage, and 
his Telegram of April 12, 18G5, prohibiting the 
meeting of the Rebel Legislature of Virginia. 



and General Grant's accompanying Report — 
Veto of the Freedmen's Bureau Bill, with 
copy and votes — Veto of the Civil Rights Bill, 
with copy and votes — Veto of the Colorado 
Bill, with copy and votes — Message on the pro- 
posed Constitutional Amendment. 



VII. Majority and Minority Reports of the 
Joint Committee on Beconstruction 84-101 

VIII. Votes on Proposed Constitutional 
Amendment — 102-106 

On Constitutional Amendment as finally 
adopted — The Accompanying Bills — The 
Amendment on Representation and Direct 
Taxes— On Representation^ — On Immunities 
of Citizens — On Tennessee — On Rebel Debt. 



IX. Members of the Cabinet of President 
Johnson, and of the 39th Congress, and of 
Claimants of Seats therein 107-109 



X. Votes in the House of Representatives on 
Political Resolutions 109-114 

On Public Debt — Punishment of Treason — 
Representationof lately Insurrectionary States 
— Elective Franchise in the States — Test-Oath 
— Test-Oath for Lawyers — Endorsement of the 
President's Policy — Withdrawal of Military 
Forces — Legal effect of Rebellion — Duty of 
Congress — Writ of Habeas Corpus — Thanks to 
the President — Recognition of State GoverK- 
ment of North Carolina — Trial of Jefferson 
Davis — Neutrality — The Fenians. 



IV. Legislation Respecting Freedmen 29-44 XI. Votes on Political Bills - —.114-117 



In North Carolina— Mississippi— Georgia—Al- 
abama — South Carolina, and Guneral Sickles's 
Order rcla'ive thereto — Florida — Virginia, and 
General Terry's (Jrder suspending the Vagrant 
Act — Tennessee — Texas — Louisiana. 



V. President Johnson's Interviews and 
Speeches 44-63 

Remarks to citizens of Indiana — Nashville 
Sppet-h, June 9, 18G4 — To Virginia Refugees — 
Interview with George L. .Stearns — Address to 
Colore<l Soldiers, October 10, ISCi— Interview 
with H«Miator Dixon — With Colored Di'legation 
respecting Siiffiage, with Reply of— Remarks 
to Committee of the Virginia Legislature — 
Speech of February 22, IfttiG— To the Colored 
People of the District of Columbia. 

VI. Annual, Special, and Veto Messages of 
President Johnson, with Copies of the Ve- 
toed Bills, and the Votes on them 64-84 

Annual Message, DereniI.er 4. ISO.'l— On the 
condition of the lute Inburrectionary States, 



Suffrage in District of Columbia — Extending 
the Homestead Act — Habeas Corpus — West Vir- 
ginia Bill — Elective Franchise in the Territo- 
ries. 



XII. Political and Military Miscellane- 
ous 117-124 

Union National Platform of 1804 — Democratic 
National Platform of 18G4— Call for National 
Union Convention, 18GG — Address of Demo- 
cratic MemVjcrs of Congress, 18<1G — Elections 
of 18GG— Lee's Surrender to Grant— The Sher- 
man-Johnston Agreement, and its Disapproval 
— Grant's Orders — Pennsylvania and Maryland 
Platforms of 18GC— Convention of Southern 
Unionists. 



XIII. Tabular Statements on Representa- 
tion, Tariff, and the Public Debt- 125-126 

Census Tul'les, showing Population, Voting 
Poi)ulatioD, Present Ajnjortionment, and etfeci 
of proposed changes— '1 able of \'otcs, bvStates 
and Sections, on the Tariffs of 1810, 1824, 1828, 
1832, 184G, 1857, 18G1, 18G4, and the Bill of 1806. 

6 



TABLE OF CONTENTS. 



I=-A-I^T 11—1867- 



XIV. President Johnson's Speeches 127-143 

On receiving the Proceedings of the Philadel- 
phia 14th of August Convention— In New York 
—In Cleveland— In St. Louis— Interview with 
Charles G. Halpine. 

XV. President Johnson's Messages 143-181 

Annual Jlessage, December 5, 1866 — Veto of 
the Second Freedmen's Bureau Bill, with copy 
and votes — Respecting Restoring Tennessee 
to her Relations to the Union — Veto of the 
District of Columbia Suflfrage Bill, with copy 
and votes — Veto of the Second Colorado Bill, 
with copy and votes — Veto of the Nebraska 
Bill, with copy and votes — Veto of the Recon- 
struction Bill, with copy and votes — Veto of 
the Tenure-of-Office Act, with copy and votes — 
Accompanying the Approval of the Army Ap- 
propriation Bill — Veto of the Supplementary 
Reconstruction Bill, with copy and votes — Ac- 
companying the Approval of a Reconstruction 
Appropriation Bill. 

XVI. Members of the Cabinet of President 
Johnson, and of the Second Session of the 
39th Congress, and First Session of 40th 
Congress, and of Claimants of Seats 
therein 181-183 

XVII. Votes on Political Bills and Besolu- 
tions 183-190 

Repeal of Power to Pardon by Proclamation — 
Representation of Rebel States — Elective 
Franchise in the Territories — FemaleSuifrage, 
and Intelligence Suffrage— Test-Oath of Attor- 
neys — Validating certam Proclamations and 
Acts of the President — Homesteads in South- 
ern States — To suspend the Payment of Boun- 
ties for Slaves Drafted or Volunteered — Bill to 
Restore the Possession of Lands Confiscated 
by the Rebel Authorities — Proposed Impeach- 
ment of President Johnson, votes and report 
upon. 

XVIII. Text of the Beconstruction Meas- 
ures of 39th and 40th Congresses 191-194 

Fourteenth Constitutional Amendment— Re- 



construction Act, and Supplement thereto — 
Copy of Test-Oath— Votes of Legis-laturcs en 
XlVth Amendmeni. 



XIX. Proclamations and Orders 194-209 

President .Johnson's Proclamations on the Re- 
establishment of Civil Authority, on American 
Vessels in certain Ports of Japan, respecting 
Decree of Maximilian, respecting Vessels of 
the Hawaiian Islands, and deelariiia: Nebraska 
a State; his Orders withdrawing the Reward 
for the Arrest of John H. Surratt, and Release 
of Convicts; his Telegrams to Provisional 
Governor Throckmorton of Texas, Governor 
Brownlow of Tennessee, and Montgomery 
Blair— GeneraljGrant's Order Revoking Order 
Respecting Disloyal Newspapers — Assigning 
Commanders to Military Districts under Re- 
construction Bill — Various Orders of said Com- 
manders — Governor Brownlow's Proclamation 
respecting a State Guard. 



XX. Judicial Opinions 209-240 

Opinions of Judge Davis and Chief Justice 
Chase on Military Commissions — Of Judges 
Field and Bliller, Chief Justice Cartter, and 
Judge Wylie on Test-Oaths— Of Chief Justice 
Chase on the Mississippi Injunction Case. 



XXI. Besolutions of National and State Con- 
ventions 240-257 

Of Philadelphia 14th of August— Of Southv • 
Loyalists'— Pittsburgh Soldiers and Sailors'— 
Of Cleveland Soldiers and Sailors' — Platforms 
of Parties in Connecticut,. Maryland, Ohio, 
Tennessee, Alabama, Arkansas, 'North Caro- 
lina, Bouth Carolina, and Virginia — The Ken- 
tucky and Virginia Resolutions of 1798. 



XXII. Political Miscellany 267-259 

The Elective Franchise in the States — Pro- 
posed Substitute for XlVth Amendment- 
Elections of 1867— Recent Legislation in Mary- 
land — Constitutional Conventions — Public 
Debt of United States. 



I3-A.I?,T III— 1868. 



XXIII. Orders, Letters, Messages, and Votes 
in the Senate respecting Secretary Stan- 
ton 261-264 

Request for Mr. Stanton's Resignation, and 
Reply — Secretary Stanton's Suspension, and 
Action of the Senate thereon — Action of Gen- 
eral Grant — Secretary Stanton's Removal, and 
votes of Senate thereon — Acceptance of Gen- 
eral Thomas — Secretary Stanton's Letter "Re- 
linquishing Charge," and vote on General Scho- 
field's Confirmation. 



XXIV. The Articles of Impeachment and 
Answer— Votes in the House, and Judg- 
ment of the Senate- 264-282 

Vote in House, November 25, 1867— The Final 
Effort at Impeachment, and Vote of House 
thereon — Articles of Impeachment, and Votes 
thereon — Vote on the Legality of the Court — 
The Answer of President Johnson— The Repli- 
cation of the House— Progress of the Trial— 
The Judgment of the Senate. 



XXV. Correspondence between General Granc 
and President Johnson, growing out of 
Secretary Stanton's Suspension 282-293 



XXVI. Letters, Papers, Testimony, Politico- 
Military Orders, and Report of General 
Grant 293-316 

General Grant's Orders respecting Slaves, is- 
sued in the Field— Letters on Slavery and 
Reconstruction; on being a Candidate for Po- 
litical Office; on Results of "Peace on any 
Terms:" on Filling the Armies; on Protecting 
Colored Soldiers— His Testimony on the Ex- 
chancre of Prisoners— Documents on the Pro- 
posecf Mission to Mexico— On the Baltimore 
Troubles of 1866— On Martial Law in Texas- 
Testimony on Reconstruction— Letters on 
the Removal of General Sheridan and Sec- 
retary Stanton— His Orders and Telegrams 
to Miliitary Commanders in the Unrecon- 
structed States— Report as Secretary of War 
ad interim. 



8 



TABLE OF CONTENTS. 



XXVTT. Digest of Orders of Military Com- 
manders, and General Action under the 
Eeconatruction Acts 316-325 

Orders of (ionoral Schufield in the First Mili- 
tary District, — Orders of Generals Sickles and 
Caiitjy in the Second Military District — Orders 
of General? Pope, Meade, and Swayne in the 
Third Military District — Orders of Generals 
Ord, Gilleni, and IMcDowell in the Fourth Mil- 
itary District — Orders of Generals GrifTin, 
Sheridan, Mower, Hancock, and Buchanan, in 
the Fifth Military District. 

XXVIII. Abstracts of the new Constitutions 
of Maryland and New York, of Alabama, 
Arkansas, Florida, Louisiana, Georgia, 
North Carolina, South Carolina, Virginia, 
and Mississippi 326-335 



XXIX. Supplemental Reconstruction Meas- 
ures 335-341 

Act of Julv 19, 18f.---Act of March 11, 18r,8— 
The Arkansas Bill—The "Omnibus" Bill- 
Votes on all, and on various Propositions made 
during their pendency. 

KXX. President Johnson's Proclamations and 

Orders 342-346 

Enjoining Obedience to the Constitution and 
the Laws— Extending full Pardon to certain 
Persons who were encaged in the late Rebel- 
lion — Proclaiming a General Amnesty — Order 
respecting the Transaction of PuV>lic Business 
—Correcting an Error in previous Proclama- 
tion — Orders respecting Reconstruction. 

XXXI. Members of the Cabinet and the 40th 
Congress 347-348 

XXXII. Votes on Political Bills and Besolu- 
tions 349-352 

To continue the Bureau for the relief of Freed- 
men and Refugees, and Total Exjienditures 
of the Bureau — Tiianks to ex-Secretary Stan- 
ton — Bills respecting the Supreme Court — For 
the further security of Eoual Rights in the 
District of Columbia— The Eight-Hour Law. 



XXXIII. Political Miscellany 352-356 

Votes of State Le.ttislatures on XlVth Amend- 
ment — Votes by the People on proposed Con- 
stitutional Amendments in Michigan, Ohio, 
Kansas, and Minnesota — President Johnson's 
Telegram to ex-Governor Parsons on Ala- 
bama's Ratification of XlVth Amendment, — 
Financial Legislation authorizing the G's o*. 
1881, the 5-20's, th*' 10-4l)'s, the Consolidated 
Loan of 18G5, Legiv/ Tenders, Sinking Fund, 
and Limiting the amount of " Greenbacks." 



XXXIV. National Platforms of 1852, 1856, 
1860 and 1864 356-364 

Democratic and Whig Platforms of 1852 — Re- 
publican and Democratic Platforms of 1856, 
1860, 1864. 

XXXV. Republican and Democratic Plat- 
forms of 1868, with the Letters of Accept- 
ance of Candidates, and sundry Proceedings 

of the Conventions 364-371 

XXXVI. Statistical Tables— Elections, Rev- 
enue, Appropriations, &c 372-377 

Election Returns since 18G0,and Electoral Col- 
lege — Taxation (State and United States) of Na- 
tional Banks — Internal Revenue Receipts of 
1867 and 18G8— Registration, Disfranchisement, 
and Elections in the Rebel States — Revenue 
Receipts since 1860, and Annual Expenditures 
from 1860 to January, 1869 — Expenditures and 
Appropriations for fiscal years ending June 30, 
1858, June 30, 1806,1867, and till January 1, 1863 
together with Appropriations for the year 1869, 
and Estimates for same. 

Addenda 378-382 

Additional Bill respecting Freedmen's Bu- 
reau—The Electoral College Bill, and Presi- 
dent Johnson's veto, witli the votes on re-pas- 
sage — President Johnson's Proclamation on 
the Ratification of the XlVth Amendment by 
Florida and North Carolina — General Blair's 
Letter to Col. Brodhead — Speeches of Mr. Sey- 
mour and General Blair on accepting tlieir 
Nominations — Secretary Seward's certificate 
respecting the ratification of XlVth Amend- 
ment — The Funding BilL 



•:e>j^:eit i-v— ises. 



XXXVII. Members of Cabinet of President John- 
son and of 40th Congress, 3d Session. -383-384 

XXXVIII. President Johnson's last AnnualMes- 
aage, December 7, 1868 384-391 



Reconstruction and other controverted 
jects. 



mb- 



XXXIX. Political Votes, 40th Congress, 3d Ses- 
sion— Condemnation of President Johnson's 
proDOsition rospoctinsf payment of tho Public 

Debt 391-397 

Condemnatory resolutions in the Senate and 
House — Vote on Minority RepresentHtiou — Re- 
moval of Disabilities by General .\ci — Keprc- 
sentation of Georgia— Countmg tk(i Klertoral 
Vote — Bill for further .Security of Eciual Rights 
in District of Columbia — Bill to strenutiien 
Public Credit— On Repeal and on Amendment 
of Ten ure-of Office Act. 

XL. XVth Constitutional Amendment- 399-406 
The Final Vote in Congress— House Joint Res- 
olution, (U. R. 402,) and Proceedings thereon in 



both House and Senate— Senate Joint Resolu- 
tion, (S. 8,) and Proceedings thereon in both 
Houses. 

XLI. Members of Cabinet of President Grant, and 
of 41st Congress 416-421 

XLII. Political Votes in 1st Session of 41st Con- 
408-415 



gress 

Additional Reconstruction Legislation — Final 
Votes on Virginia, Mississippi, and Texas 
Election Dill— Public Credit Act- Amendment 
to Teniue-of-Olfice Act— On Efliectof tho XVth 
Amendment as to .Mongolians. 

XLIII. President Grant's Inaugural Address, 
and Message on Reconstruction, and Official 

Proclamations of tho Year 416-421 

President!; rant's Inaugural Address— His Mes- 
sage rospecling the Reconstruction of Virginia 
and Mississippi— Final Certificate of Secretary 
Steward respecting the Ratification of XlVth 
Amendment— President Johnson's Proclama- 
tion nf (iencral Amnesty, December 25, isas— 
President Grant's Virginia Election Proclama- 
tion—Respecting Wages of Labor— Relative to 
Duties upon Merchandise in French Vessels. 



TABLE OF CONTENTS', 



XLIV. Orders on Eeconstruction;— Additional 
Military Orders under Reconstruction Acts- 
How Constitution of Tezas 423-432 

Orders ft'om War Department making changes 
in organization and command of Districts and 
Departments — AttorneyGeneral Evarts's Letter 
as to Mililary Aid to United States Marshals — 
Instructions to General Sleade as to Military 
Aid to Civil Authorities of Georgia— Orders from 
Headquarters of the Army as to Sentences by 
Courts Martial — Reassigning certain Generals 
to Military Distri;'ts — Orders of Generals Terry, 
Stoneman. Vv'ebb, and Canby (including the 
latter's Test-Oath Letter; in First Military 
District — Of General Canby in Second District— 
Of General Meade in the Third— General Orders 
in the Fourth — Orders of Generals Reynolds 
and Canby in the Fifth— New Constitution of 
Texas. 

XLV, Judicial Decisions of United States Su- 
premo Court— Opinion of Attorney General on 
Jurisdiction of Military Commissions -433-478 

On right of a State to Tax Passengers passing 
thro\igh it — State Taxation of United States Cer- 
tificates of Indebtedness — State Taxation of 
United States Notes — Clause'-making United 
States Notes a Legal Tender fir Debts lias no 
reference to State Taxes — Express Contracts 
to pay Coined Dollars can only be satisfied by 
payment of Coined Dollars — Status of State of 
Texas — McCardletase — Ccesar Griffin (Virginia) 
Case — Can aNegro hold Office in Georgia ? — In- 
termarriage of "White and Colored Persons in 
Georgia — Opinion of Attorney General Hoar as 
to Jurisdiction of Military Commissions in 
Texas. 



XLVI. State Platforms of 1869 478-488 

California— Iowa — Mississijjpi — Ohio— Penn- 
sylvania- Vermont— Virginia —Washington 
Territory. 



XLVII, Votes of State Legislatures on proposed 
XVth Amendment to Constitution of United 
States 488-498 

Yeas and Nays in Arkansas— Connecticut- 
Delaware — Florida — Georgia— Illinois— In- 
diana— Kansas — Kentucky — Louisiana — Maine 
— Massochusetts—Micliigan— Jlissouri— Neva- 
da — Newllampshire— New Jersey — NewYork — 
North Carolina— Ohio — Pennsylvania —Rhode 
Island— South Carolina— West Virginia— Wis- 
consin. 



XL VIII. Statistical Tables 499-503 

Presidential Election Returns, (Electoral and 
Popular Vote)— Official Statement of Public 
Debt of the United States, July 1, 1869. 



XLIX. Miscellaneous Hatters- 504-506 

General Sliorman's Letter as to the surrender 
of General Joseph E. Johnston — Jlississippi 
Election Proclamation — Texas Election Proc- 
lamation — Female Suffrage in Massachusetts 
and in Congress -Proposed Religious Amend- 
ment to United States < onstitution — Elections 
of P-eO in New Hampshire, Rhode Island, Con- 
necticut, Miehigan, Virginia, and Washington 
Territory — Daniel's Virginia Election Dis- 
patch. 



IP-A.I^T V--1870. 



L. Members of Cabinet of President Grant and of 
41st Congress, 2d Session 507-508 

LI. Judicial Decisions of United States Sunreme 
Court 509-532 

On the Validity of Contracts in Confederate 
Money — Constitutionally of Legal-Tender 
Clause as it relates to contracts made prior to 
its adoption— Right of United States Govern- 
ment to Tax State Banks— Right of State Gov- 
ernments to Tax National Banks. 

LII. President Grant's First Annual and Special 
Messages, and Proclamation 533-544 

First Annual Message— Messages recommend- 
ing early action toward Increase of our Com- 
merce — Urging Ratification of San Domingo 
Treaty — On Cuban Afl'airs — Proclamation 
against Fenian Invasion of Canada. 

LIII. XVth Amendment 545-582 

Special Jlessage on Ratification — Certificate 
a.< to Ratification- Act Enforcing XlVth and 
XVth Amendments— Remaining Yea and Nay 
Votes of State Legislatures on XVth Amend- 
ment. 

LIV. Land Subsidies, 1827-1870 - 563-572 

Grant to Indiana in aid of Wabash and Erie 
Canal — To Illinois for Illinois Central Rail- 
road — To Union Pacific RaWroad Company — 
To Northern Pacific Railroad. 

LV. Restoration of Virginia, Mississippi, and 
Texas 572-579 

Act to admit Virginia — To admit Mississippi — 
To admit Texas — Various Propositions and 
Votes thereon. 

LVI. Declaratory Resolutions— 579-585 

On Repudiation — Purchase of United States 
Bonds — Increasing the Currency — Tariff — 



Gener.al Amnesty— V.alidity of the XlVth and 
XVth Amendments — Re-apportioament of Con- 
gressional Representation. 

LVII. Banking and Currency 586-596 

Act Providing for Redemption of Three Per 
Cent. Temporary Loan Certificates and for an 
Increase of National Bank Notes, and Proposi- 
tions offered during its pendency, with Votes 
thereon. 

LVIII. The Funding Act 597-604 

Act to Authorize Refunding of the National 
Debt, with Propositions offered during pend- 
ency thereof, and Votes thereon. 

LIX. Internal Tax and Tariff. 605-609 

Propositions offered during the pendency of 
Tax and Tariff Measures, with Votes thereon, 
and amount of Reduction of Taxes thereunder. 

LX. Restoration of Georfjia 809-615 

Act to Promote the Recoustn'.ction of the 
State of Georgia— Act relating to the State of 
Georgia— Propositions and Votes thereon. 

LXL Miscellaneous 613 G24 

President's Message on European War and 
American Shipping— Act to Amend the Natu- 
r.'dization Laws, with Chinese, and other Prop- 
ositions and Votes thereon— The Cuban ques- 
tion, with Propositions and Votes— Bill Regu- 
lating Katification of Constitutional Amend- 
ments-New Constitution of Illinois— Plat - 
forms of Indiana and Ohio. 

LXII. Statistical Tables - 625-G80 

Area of Land Staten; Land Granted to Kail- 
roads, Sold, and otherwise Disposed of, (Jrdy 1, 
1870,) and amoimt/ t Land Remaining— Eeve- 
nue Receipts snd Reductions- National Debt 
Statement. 



POLITICAL MANUAL FOR 1866. 



I. 



CONSTITUTION OF THE UNITED STATES. 



rv''E the People of the United States, in order to 
form a more perfect Union, establish Justice, 
insure domestic Tranquillity, provide for the 
common defence, promote the general Welfare, 
find secure the Blessings of Liberty to our- 
selves and our Posterity, do ordain and estab- 
lish this Constitution for the United States 
of America. 

Article I. 

Section 1. All legislative Powers herein 
granted shall be vested in a Congress of the 
United States, which shall consist of a Senate 
and House of Pi.epresentatives. 

Sec. 2. The House of Representatives shall be 
composed of Memljers chosen every second Year 
by the People of the several States, and the Elec- 
tors in each State shall have the Qualifications 
requisite for Electors of the most numerous 
Branch of the State Legislature. 

No Person r-hall be a Representative who 
shall not ave attained to the Age of twenty- 
five Yepj , and been seven Years a Citizen of 
the Unit-d States, and who shall not, when 
elected, bn an Inhabitant of that State in which 
he shall :.e chosen. 

Repiesentatives and direct Taxes shall be ap- 
portioned among the several States which may 
be included within this Union, according to 
their respective Numbers, which shall be deter- 
mined by adding to the whole Number of free 
Persons, including those bound to Service for a 
Term of Years, and excluding Indians not taxed, 
three fifths of all other Persons. The actual 
Enumeration shall be made within three Years 
after the first Meeting of the Congress of the 
United States, and within every subsequent 
Term of ten Years, in such Manner as they 
shall by Law direct. The Number of Repre- 
sentatives shall not exceed one for every thirty 
Thousand, but each State shall have at Least 
one Representative ; and until such enumera- 
tion shall be made, the State of New Hampshire 
shall be entitled to chuse three, Massachusetts 
sight, Rhode Island and Providence Plantations 
one, Connecticut five. New York six. New Jer- 
sey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten. North Carolina five, 
South Carolina five, and Georgia three. 

When vacancies happen in the Representation 
from any State, the Executive Authority there- 



of shall issue Writs of Election to fill such Va- 
cancies. 

The House of Representatives shall chuse their 
Speaker and other Officers ; and shall have the 
sole Power of Impeachment. 

Sec. 3. The Senate of the United States shall 
be composed of two Senators from each State, 
chosen by the Legislature thereof, for six Years ; 
and each Senator shall have one Vote. 

Immediately after they shall be assembled in 
Consequence of the first Election, they shall be 
divided as equally as may be into three Classes. 
The Seats of the Senators of the first Class shall 
be vacated at the Expiration of the second Year, 
of the second Class at the Expiration of the 
fourth Year, and of the third Class at the Expi- 
ration of the sixth Year, so that one-third may 
be chosen every second Year ; and if Vacancies 
happen by Resignation, or otherwise, during the 
Recess of the Legislature of any State, the Ex- 
ecutive thereof may make temporary Appoint- 
ments until the next Meeting of the Legislature, 
which shall then fill such Vacancies. 

No Person shall be a Senator who shall not 
have attained to the Age of thirty Years, and 
been nine Years a Citizen of the United States, 
and who shall not, when elected, be an Inhab- 
itant of that State for v/hich he shall be chosen. 

The Vice President of the United States shall 
be President of the Senate, but shall have nc 
Vote, unless they be equally divided. 

The Senate shall chuse their other Officers, 
and also a President pro tempore, in the Absence 
of the Vice President, or when he shall exercise 
the Office of President of the United States. 

The Senate shall have the sole Power to try 
all Impeachments. When sitting for that Pur- 
pose, they shall be on Oath or Affirmation. 
When the President of the United States is tried, 
the Chief Justice shall preside : And no Person 
shall be convicted without the Concurrence of 
two thirds of the Members present. 

Judgment in Cases of Impeachment shall not 
extend" further than to removal from Office, and 
Disqualification to hold and enjoy any Office of 
honour. Trust or Profit under the United States: 
but the Party convicted shall nevertheless bo 
liable and subject to Indictment, Trial, Judg- 
ment and Punishment, according to Law. 

Sec. 4. The Times, Places and Manner of hold- 
ing Elections for Senators and Representatives, 



POLITICAL MANUAL. 



chall be prescribed in eacb State by the Legisla- 
ture tlierecf ; but the Congress may at an}^ time 
by Law make or alter such Regulations, ex.^ept 
as to tin.- place of chusing Senators. 

The Congress f hall assemble at least once in 
ever}' Year, and such Meeting sliall be on the 
tirst -Monday in December, unless they shall by 
Law a]ipoint a different Day. 

Sec. 5. Each House shall be the Judge of the 
Elections, Returns and Qualifications of its own 
Members, and a Majority of each shall consti- 
tute a Quorum to do Business ; but a smaller 
Number may adjourn from day to day, and may 
be authorized to compel the Attendance of ab- 
sent Members, in such Manner, and under such 
Penalties as each House may provide. 

Each House may determine the Rules of its 
Proceedings, punish its Members for disorderly 
Behaviour, and, with the Concurrence of two 
thirds, expel a Member. 

Each House shall keep a Journal of its Pro- 
ceedings, and from time to time publish the 
same, excepting such Parts as may in thoir Judg- 
ment require Secrecy; and the Yeas and Nays of 
tlie Members of either House on any question 
f liall, at the Desire of one fifth of those Present, 
bo entered on the Journal. 

Neither House, during the Session of Congress, 
shall, without the Consent of the other, adjourn 
I":- more than three days, nor to any other Place 
than thatin which the two Houses shall be sitting. 

Sec. 6. The Senators and Representatives shall 
receive a Compensation for their Services, to be 
.iscertained by Law, and paid out of the Treas- 
.\vy of the United States. They shall in all 
;'ases. except Treason, Felony and Breach of the 
Peacb, be privileged from Arrest during their 
Attendance at the Session of their respective 
Houses, and in going to and returning from the 
fame ; and for any Speech or Debate in either 
House, they shall not be questioned in anv other 
Place. 

No Senator or Representative shall, during 
the Time for which he was elected, be appointed 
to any civil Office under the Authority of the 
United States, which shall have been created, 
or the Emoluments whereof sliall have been en- 
creased during such time ; and no Person hold- 
ing any Office under the United States, shall be 
a Member of either House during his Continu- 
ance in Office. 

Sec. 7. All Bills ibr raising Revenue shall 
originate in the House of Representatives; but 
the Senate may propo'^e or concur with Amend- 
ments as on other BilN. 

Every Bill which shall have passed the House 
of Representatives and the Senate, shall, before 
it becomes a Law, \rt presented to the President 
of the United Stal's; If he approve he shall sign 
it, but if not he s!i;il! return it, with his Objec- 
tions to that Plou'^e in which it shall have origi- 
nated, who shall enter the Objections at large on 
their Journal, and proceed to reconsider it. If 
after such Reconsideration two thirds of that 
House sh.all agree to pass tlie Bill, it shall be 
Bent, together with the Objections, to the other 
House, by which it shall likewise be reconsid- 
ered, ana if approved by two thirds of that 
House, it shall become a Law. But in all such 
Cases the Votes of both Houses shall be deter- 



mined by yeas and Nays, and the Names of the 
Persons voting for and against the Bill shall be 
entered on the Journal of each House respec- 
.tively. If any Bill shall not be returned by 
the President within ten Days (Sundays ex- 
cepted) after it shall have been presented to him, 
the Same shall be a law, in like Manner as if he 
had signed it, unless the Congress by their Ad- 
journment prevent its return, in which Case it 
shall not be a Law. 

Every Order, Resolution, or Vote to which 
i,he Concurrence of the Senate and House of 
Representatives m.ay be necessary (except on a 
question of Adjournment) shall be presented to 
the President of the United States ; and before 
the Same shall take Etfect, shall be approved by 
him, or being disapproved bj^ him, shall he re- 
passed by two-thirds of the Senate and House 
of Representatives, according to the Rules and 
Limitations prescribed in the Case of a Bill. 

Sec. 8. The Congress shall have Power 

To lay and collect Taxes, Duties, Imposts and 
Excises, to pay the Debts and provide for the 
common Defence and general Welfare of the 
United States ; but all Duties, Imposts and Ex- 
cises shall be uniform throughout the United 
States ; 

To borrow Money on the credit of the United 
States ; 

To regulate Commerce with foreign Nations, 
and among the several States, and with the In- 
dian Tribes ; 

To establish an uniform Rule of Naturaliza- 
tion, acd uniform Laws on the subject of Bank- 
ruptcies throughout the United States ; 

To coin Money, regulate the Value thereof, 
and of foreign Coin, and fix the Standard of 
Weights and Measures ; 

To provide' for the Punishment of counter- 
feiting the Securities and current Coin of tho 
United States ; 

To establish Post Offices and post Roads , 

To promote the progress of Science and use- 
ful Arts, by securing for limited Times to Au- 
thors and Inventors the exclusive Right to their 
respective Writings and Discoveries ; 

To constitute Tribunak-- inferior to the supreme 
Court; 

To define and punish Piracies and Felonies 
committed on the high Seas, and Offences against 
the Law of Nations ; 

To declare War, grant Letters of Marque and 
Reprisal, and make Rules concerning Captures 
on Land and Water ; 

To raise and support Armies, but no Appro- 
priation of Money to that Use shall be for a 
longer Term than two years ; 

To provide and maintain a Navy ; 

To make Rules for the Government and Regu- 
lation of the land and naval Forces ; 

To provide for calling forth the Militia to 
execute the Laws of the Union, suppress Insur- 
rections and repel Invasions ; 

To provide for organizing, arming, and dis- 
ciplining, the Militia, and for governing such 
Part of them as may be employed in the Service 
of the United States, reserving to the States 
respectively, the Appointment of the Officers, and 
the Authority of training the Militia according 
to the Discipline prescribed by Congress ; 



CONSTITUTION OF THE UNITED STATES. 



To exercise exclusive Legislation in all Cases 
•r^'hatsoever, over such District (not exceeding 
ven Miles square) as may, by Cession ofparticular 
States, and the Acceptance of Congress, become 
the Seat of the Government of the United States, 
and to exercise like Authority over all Places 
purchased by the Consent of the Legislature of 
the State in which the Same shall be, for the 
Erection of Forts, Magazines, Arsenals, Dock- 
Yards, and other needful Buildings ; — And 

To make all Laws which sliall be necessary 
and proper for carrying into Execution the fore- 
going Powers, and all other Powers vested by 
th is Constitution in the Government of the United 
States, or in any Department or Officer thereof. 

Sec. 9. The Migration or Importation of such 
Persons as any of the States now existing shall 
think proper to admit, shall not be prohibited by 
the Congress prior to the Year one thousand eight 
hundred and eight, but a Tax or Duty may be 
imposed on such Importation, not exceeding ten 
dollars for each Person. 

The Privilege of the Writ of Habeas Corpus 
shall not be suspended, unless when in Cases of 
Rebellion or Invasion the public Safety may re- 
quire it. 

No Bill of Attainder or ex post facto Law shall 
be passed. 

No Capitation, or other direct, Tax shall be 
laid, unless in Proportion to the Census or Enu- 
mr-ration herein before directed to be taken. 

No Tax or Duty-shall be laid on Articles ex- 
ported from any State. 

No Preference shall be given by any Regula- 
tion of Commerce or Revenue to the Ports of one 
State over those of another ; nor shall Vessels 
bound to, or from, one State, be obliged to enter, 
clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, 
but in Consequence of Appropriations made by 
Law ; and a regular Statement and Account of 
the Receipts and Expenditures of all public 
Money shall be published from time to time. 

No Title of Nobility shall be granted by the 
United States : and no Person holding any OiBce 
of Profit or Trust under them, shall, without 
the Consent of the Congress, accept of any pres- 
ent. Emolument, Office, or Title, of any kind 
whatever, from any King, Prince, or foreign 
State. 

Sec. 10. No State shall enter into any Treaty, 
Alliance, or Confederation ; grant Letters of 
Marque and Reprisal; coin Money; emit Bills 
of Credit ; make any Thing but gold and silver 
Coin a Tender in Payment of Debts ; pass any 
Bill of Attainder, ex post facto Law, or Law 
impairing the Obligation of Contracts, or grant 
any Title of Nobility. 

No State shall, without the consent of the 
Congress, lay any Imposts or Duties on Imports 
or Exports, except what may be absolutely ne- 
cessary for executing it's inspection Laws : and 
the net Produce of all Duties and Imposts; laid 
by any State on Imports or Exports, shall be 
for the Use of the Treasury of the United States ; 
und all such Laws shall be subject to the Revis- 
ion and Controul of the Congress. 

No St-ate shall, without the Consent of Con- 
gre-<, lay any Duty of Tonnage, keep Troops, or 
piiips of Wai in time of Peace, enter into any 



Agreement or Compact with another State, or 
with a foreign Power, or engage in War, unless 
actually invaded, or in such imminent Danger 
as will not admit of Delay. 

Aeticlii: 11. 

Sec. 1. The executive Power shall be vested 
in a President of the United States of America. 
He shall hold his Office during the Term of four 
Years, and, together with the Vice President, 
chosen for the same term, be elected as follows 

Each State shall appoint, in such Manner as 
the Legislature thereof may direct, a Number of 
Electors, equal to the whole Number of Senators 
and Representatives to which the State may be 
entitled in the Congress : but no Senator or 
Representative, or person holding an Office of 
Trust or Profit under the United States, shall be 
appointed an Elector. 

[The Electors shall meet in their respective 
States, and vote by Ballot for two Persons, of 
whom one at least shall not be an Inhabitant 
of the same State with themselves. And they 
shall make a list of all the Persons voted for, 
and of the Number of Votes for each ; which 
List they shall sign and certify, and transmit 
sealed to the Seat of the Government of the 
United States, directed to the President of the 
Senate. The President of the Senate shall, in 
the Presence of the Senate and House cdf Rep- 
resentatives, open all the Certificates, and the 
Votes shall then be counted. The Person hav- 
ing the greatest Number of Votes shall be the 
President, if such Number be a Majority of the 
whole Number of Electors appointed ; and it 
there be more than one who have such Jlajority, 
and have an equal Number of Votes, then the 
House of Representatives shall immediately 
chuse by Ballot one of them for President ; antJ 
if no Person have a Majority, then from thb 
five highest on the List the said House shall in 
like Manner chuse the President. But in chus- 
ing the President, the Votes shall be taken by 
States, the Representation- from each State hav- 
ing one Vote ; A Quorum for this Purpose shall 
consist of a Member or Members from two-thirds 
of the States, and a Majority of all the States 
shall be necessarj' to a Choice. In every Case, 
after the Choice of the President, the Person 
having the greatest Number of Votes of the 
Electors shall be the Vice President. But if 
there should remain two or more who have equal 
Votes, the Senate shall chuse from, them by 
Ballot the Vice President.*] 

The Congress may determine the Time of 
chusing the Electors, and the Day on which 
they shall give their Votes ; which Daj'' shall be 
the same throughout the United States. 

No Person except a natural born Citizen, or a 
Citizen of the United States, at the time of the 
Adoption of this Constitution, shall be eligible 
to the Office of President ; neither shall any 
Person be eligible to that Office who shall not 
have attained to the Age of thirty-five Years, 
and been fourteen Years a Resident within the 
United States. 

In Case of the Removal of the President from 
Office, or of his Death, Resignation, or Inability 

* This clause of the Oonstitution has been anaulled. Sop 
twelfth article of the Amondmeats. 



PULITICAL MANUAL, 



to discharge the Powers and Duties of the said 
Office, the same sliall devolve on the Vice Presi- 
dent, and the Congnss may by Law provide for 
the Case of Removal, Death, Resignation, or In- 
ability, both of the President and Vice President, 
declaring what Officer shall then act as Presi- 
dent, and such Officer shall act accordingly, 
until the Disability be removed, or a President 
shall be elected. 

The President shall, at stated Times, receive 
for his Services, a Compensation, which shall 
neither be encreased nor diminished during the 
Period for which he shall have been elected, 
and he shall not receive within that Period any 
otlier Emolument from the United States, or any 
of tliem. 

Before he enter on the Execution of his Office, 
he shall take the following Oath or Affirmation : — 
■ " I do solemnly swear (or affirm) that I will 
faithfully execute the Office of President of the 
United States, and will to the best of my Ability, 
preserve, protect and defend the Constitution of 
the United States." 

Sec 2. The President shall be Commander in 
Chief of the Army and Navy of the United 
States, and of the Militia of the several States, 
when called into the actual Service of the United 
States; ue may require the Opinion, in writing, 
of ttie principal Officer in each of the executive 
Departments, upon any Subject relating to the 
Duties of their respective Offices, and he shail 
have Power to grant Reprieves and Pardons for 
Offences against the United States, except in 
Cases of Impeacliment. 

^le shall have Power, by and with the Advice 
and Consent of the Senate, to make Treaties, 
[provided two thirds of the Senators present 
concur ; and he shall nominate, and by and 
with the Advice and Consent of the Senate, shall 
Appoint Ambassadors, other public Ministers 
and Consuls, Judges of the supreme Court, and 
ail other Officers of the United States, whose 
Appointments are not herein otherwise provided 
for, and which shall be established by Law: but 
the Congress may by Law vest the Appointment 
®f such inferior Officers, as they think proper, in 
the President alone, in the Courts of Law, or in 
ihe Heads of Departments. 

The President shall have Power to fill up all 
Vacancies that may happen during the Recess 
of the Senate, by granting Commissions which 
•tall expire at the End of their next Session. 

>}ec. 3. He shall from time to time give to the 
Congress Information of the State of the Union, 
and recommend to tiieir Consideration such 
Measures as he shall judge necessary and expe- 
dient; he may, on extraordinary Occasions, con- 
vene both Houses, or either of them, and in 
i'ase of Disagreement between them, with Re- 
upect to the Time of Adjournment, ho may 
adjourn them to such Time as he shall think 
profier : he sliall receive Ambassadors and other 
public Minist'jrs; and he shall take Care that 
the Laws be faithfully executed, and he shall 
Commission all the officers of the United States. 

Sec. 4. The President, Vice President and all 
civil Officers of the United Stales, shall be re- 
moved from Office on Impeachment for, and 
Conviction of, Treason, Bribery, or other liigh 
Crimes and Misdemeanors. 



Article III. 

Sec. 1. The judicial Power of the United 
States, shall be vested in one supreme Court, and 
in such inferior Courts as the Congress may from 
time to time ordain and establish. The Judges, 
both of the supreme and inferior Courts, shall 
hold their Offices during good Behavior, and 
shall, at stated Times, receive for their Services, 
a Compensation, which shall not be diminished 
during their Continuance in Office. 

Sec. 2. The judicial Power shall extend to all 
cases, in Law and Equity, arising under this Con- 
stitution, t!ie Laws of the United States, and 
Treaties made, or which shall be made, under 
their Authority ; — to all Cases aifecting Ambas- 
sadors, other public Ministers, and Consuls ; — to 
all Cases of admiralt}' and maritime Jurisdic- 
tion ; — to Controversies to which the United 
States shall be a Party ; — to Controversies be- 
tween two or more States ; — between a State and 
Citizens of another State ; — between Citizens of 
different States, — between Citizens of the same 
State claiming Lands under Grants of different 
States, and between a State or the Citizens 
thereof, and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other pub- 
lic Ministers and Consuls, and those in which a 
State shall be Party, the supreme Court shall 
have original Jurisdiction. In all the other 
Cases before mentioned, the supreme Court shall 
have appellate Jurisdiction, both as to Law and 
Fact, with such Exceptions, and under such 
Regulations as the Congress shall make. 

The Trial of all Crimes, except in Cases of 
Impeachment, shall be by Jury ; and such Trial 
shall be held in the State where the said Crimea 
shall have been committed ; but when not com- 
mitted within any State, the Trial shall be at 
such Place or Places as the Congress may by 
Law have directed. 

Sec. 3. Treason against the United States, shall 
consist only in levj' ing War against them, or in 
adhering to their Enemies, giving them Aid and 
Comfort. No Person shall oe convicted of Trea- 
son unless on the Testimony of two Witnesses 
to tlie same overt Act, ar on Confe.ssion in open 
Court. 

The Congress shall have Power to declare the 
Punishment of Treason, but no Attainder of 
Treason shall work Corruption of Blood, or For- 
feiture except during the Life of the Person at- 
tainted. 

Article IV. 

Sec. 1. Full Faith and Credit shall by given 
in each State to the public Acts, Records, and 
judicial Proceedings of every other State. And 
tiie Congress may by general Laws prescribe the 
Manner in wliich such Acts, Records and Pro- 
ceedings shall be proved, and the Etlect thereof. 

Sec. 2. The Citizens of each State shall be en- 
titled to all Privileges and Immunities of Citizens 
in the several States. 

A Person charged in any State with Treason, 
Felony, or other Crime, who shall flee from Jus- 
tice, and be found in another State, sliall on 
Demand of the executive Autliority of the State 
from wiiich he fled, be delivered up, to be re- 
moved to the State having Jurisdiction of the 
Crime. 

No Person held to Service or Labovu; iu Qua 



CONSTITUTION OF THE UNITED STATES. 



Stato, unf]er the Laws thereof, escaping into 
'another, shall, in Consequence of any Law or 
Regulation therein, be discharged from such Ser- 
vice or Labour, but shall be delivered up on 
Claim of the Party to whom such Service or 
Labour may be due. 

Sec. 3. New States may be admitted by the 
Congress into this Union ; but no new State shall 
be foi-med or erected within the Jurisdiction of 
any other State ; nor any State formed by the 
Junction of two or more States, or Parts of States, 
without the Consent of the Legif^latures of the 
States concerned as well as of the Congress. 

The Congress shall have Power to dispose of 
and make all needful Ptules and Regulations 
respecting the Territory or other Property be- 
longing to the United States; and nothing in 
this Constitution shall be so construed as to Pre- 
judice any CLaims of the United States, or of any 
particular State. 

Sec. 4. The United States shall guarantee to 
every State in this Union a Republican Form of 
Government, and shall protect each of them 
against Invasion ; and on Application of the 
Legislature, or of the Executive (when the Le- 
islature cannot be convened) against domestic 
Violence. 

Article V. 

The Congress, whenever two thirds of both 
Houses shall deem it necessary, shall propose 
Amendments to this Constitution, or, on the Ap- 
plication of the Legislatures of two thirds of the 
several States, shall call a Convention for pro- 
posing Amendments, which, in either Case, sliall 
be valid to all Intents and Purposes, as Part of 
this Constitution, when ratified by the Legisla- 
tures of three fourths of the several States, or 
by Conventions in three fourths thereof, as the 
one or the other Mode of Ratification may be 
proposed by the Congress ; Provided that no 
Amendment which may be made prior to the 
Year one thousand eight hundred and eiglit 
shall in any Manner afl'ect the first and fourth 
Clauses in the Ninth Section of the first Article; 
and that no State, without its Consent, shall be 
deprived of its equal Suffrage in the Senate. 

Article VI. 

All Debts contracted and Engagements en- 
tered into, before the Adoption of tliis Constitu- 
tion, shall be as valid against the United States 
under this Constitution, as under the Confedera- 
tion. 

This Constitution, and the Laws of the United 
States which shall be made in Pursuance tliere- 
of; and all Treaties made, or which shall be 
made, under the authority of the United States, 
shall be the supreme Law of the Land ; and tlie 
Judges in every State shall be bound thereby, 
any Thing in the Constitution or Laws of any 
State to the Contrary notwithstanding. 

The Senators and Representatives before men- 
tioned, and the Members of the several State 
Legislatures, and all e.xecutive and judicial Offi- 
cers, both of the United States and of the several 
States, shall be bound by Oath or Affirmation, 
to support this Constitution ; but no religious 
Test shall ever be required as a Qualification 
to any Office or public Trust under the United 
States. 



Article VII. 
The Ratification of the Conventions of jiine 
States, shall be sufficient for the Establisliment 
of this Constitution between the S'tates so ratify- 
ing the Same. 

Amendments. 

Art. 1. Congress shall make no law respect- 
.ng 3n establishment of religion, or prohibiting 
the free exercise thereof; or abridging the free- 
dom of .speech, or of the press; or the right of 
the people peaceably to assemble, and to peti- 
tion the Government for a redress of grievances. 

Art. 2. A well regulated Militia, being neces- 
sary to the security of a free State, the right of 
the people to keep and bear Arms, shall not be 
infringed. 

Art. 3. No Soldier shall, in time of peace be 
quartered in any house, without the consent of 
the Owner, nor in time of war, but in a manner 
to be prescribed bj' law. 

Art. 4. The right of the people to be secure 
in their persons, houses, papers, and eftects, 
against unreasonable searches and seizures, shall 
not be violated, and no Warrants shall issue, but 
upon probable cause, supported by Oath or affir- 
mation, and particularly describing the place 
to be searched, and the persons or things to be 
seized. 

Art. 5. No person shall be held to answer for 
a capital, or otlierwise infamous crime, unless on 
a presentment or indictment of a Grand Jury, 
except in cases arising in tiie laml or naval forces, 
or in the Militia, when in actual service in time 
of AVar or public danger; nor shall any person 
be subject for the same offence to be twice put 
in jeopardy of life or limb ; nor shall be com- 
pelled in any Criminal Case to be a witness 
against himself, nor be deprived of life, liberty, 
or pioperty, without due process of law ; nor 
shall private property be taken for public use, 
without just compensation. 

Art. 6. In all criminal prosecutions, the ac- 
cused shall enjoy the right to a speedy and pub- 
lic trial, by an impartial jury of the State and 
district wlierein the crime sliall have been com- 
mitted, which district shall have been previously 
ascertained by law, and to be informed of the 
nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have 
Compulsory process for obtaining Witnesses in 
his favour, and to have the Assistance of Coun- 
sel for his defence. 

Art. 7. In Suits at common law, wliere the 
value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be preserved, 
and no fact tried by a jurj^ shall be otherwise 
re-examined in any Court of the United States, 
than according to the rules of the common lav/. 

Art. 8. Excessive bail shall not be required, 
nor excessive fines be imposed, nor cruel and un- 
usual punishments inflicted. 

Art. 9. The enumeration in the Constitution, 
of certain rights, shall not be construed to deny 
or disparage others retained by the people. 

Art. 10. The powers not delegated to the 
United States by the Constitution, nor prohibi- 
ted by it to the States, are reserved to the States 
respectively, or to the people. 

Art. 11. The Judicial power of the United 



POLITICAL MANUAL. 



Spates shall not be construed to extend to any 
::iit in law or equity, commenced or prosecuted 
against one of tne tJnited States bj^ Citizens of 
another State, or by Citizens or Subjects of any 
Foreign State. 

Art. 12. The Electors shall meet in their 
respective states, and vote by ballot for Presi- 
dent and Vice-President, one of whom, at least, 
bhall not be an inhabitant of the same state 
with themselves ; they shall name in their 
ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of 
all persons voted for as President, and of all 
persons voted for as Vice-President, and of the 
number of votes for each, which lists they shall 
sign and certify, and transmit sealed to the seat 
of the government of the United States, directed 
to the President of the Senate; — The President 
of the Senate shall, in presence of the Senate 
and House of Representatives, open all the cer- 
tificates and the votes shall then be counted; — 
The person having the greatest number of votes 
for President, shall be the President, if such 
number be a majority of the whole number of 
Electors appointed ; and if no person have such 
majority, then from tlie persons having the 
highest numbers not exceeding three on the list 
of those voted for as President, the House of 
Piepresentatives shall choose immediately, by 
ballot, the President. But in choosing the 
President, the votes shall be taken by states, 
the representation from each state Imving one 
vote ; a quorum for this purpose shall consist of 
a member or members from two thirds of the 
slates, and a majority of all the states shall be 
necessary to a clioice. And if the House of Rep- 
resentatives shall not choose a President when- 
ever the right of choice shall devolve apon them, 
before the fourth day of March next following, 
then the Vice-President shall act as President, 
as in the case of the death or other constitutional 
disability of the President. The person having 
the greatest number of votes as Vice-President, 
shall be the Vice-President, if fuch number be a 
majority of the whole number of Electors ap- 
rointed, and if no person have a majority, then 
Irom the two highest numbers on the list, tlie 
iSenate shall choose the Vice-President; a quo- 
rum for tlie purpose shall consist of two thirds 
of tlie whole number of Senators, and a majority 
of tlie wliole number shall be necessary to a 
choice. But no person constitutionally ineligi- 
ble to the office of President shall be eligible to 
that of Vice-President of the United States. 

Mr. Seward's Certificate of the Anti-Slavery 
Amendment, known as the 13th Amendment. 

V,-ILLI.\.M U. SEWARD, EECRETARY OF STATE OF 
THE UNITED STATES, 

2'o all to whom these presents may come, greeting: 
Know ye, that whereas the Congress of the 
United States on the 1st of February last passed 
a resolution which is in the words following, 
namely 



" A resolution submitting to the Legislatures 
of the several States a proposition to amend the 
Constitution of the United States. 

"Resolved by the Senate and House of Repre- 
sentatives of the United States of America in 
Congress assembled, [two-thirds of both Houses 
concurring,) That the following article be pro- 
posed to the Legislatures of the several States as 
an amendment to the Constitution of the United 
States, which, when ratified by three fourths 
of said Legislatures, shall be valid, to all intents 
and purposes, as a part of the said Constitution, 
namely : 

Article XIIL 

" Sec. 1. Neither slavery nor involuntary 
servitude, except as a punishment for crime, 
whereof the party shall have been duly con- 
victed, shall exist within the United States, or 
any place subject to their jurisdiction. 

"Sec. 2. Congress shall have power to enfori>3 
this article by appropriate legislation." 

And whereas it appears from official docu- 
ments on file in this Department that the 
amendment to the Constitution of the United 
States, proposed as aforesaid, has been ratified 
by the Legislatures of the States of Illinois, 
Rhode Island, Michigan, Maryland, New York, 
West Virginia, Maine, Kansas, Massachusetts, 
Pennsylvania, Virginia, Ohio, Missouri, Nevada, 
Indiana, Louisiana, Minnesota, Wisconsin, Ver- 
mont, Tennessee, Arkansas, Connecticut, New 
Hampshire, South Carolina, Alabama, North 
Carolina, and Georgia — in all, twenty-seven 
States ; 

And whereas the whole number of States in 
the United States is thirty-six, and whereas the 
before specially-named States, whose Legislatures 
have ratified the said proposed amendment, con- 
stitute three-fourths of the whole number oi 
States in the United States : 

Now, therefore, be it known that I, William 
H. Seward, Secretary of State of the United 
States, by virtue and in pursuance of the second 
section of the act of Congress approved the 
twentieth of April, eighteen hundred and 
eighteen, entitled "An act to provide for the 
publication of the laws of the United States and 
for other purposes," do hereby certify that tho 
amendment aforesaid has become valid, to all 
intents and purposes, as a part of the Constitution 
of the United States. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the Department o{ 
State to be affixed. 

Done at the city of Washington this eighteenth 
day of December, in the year of our Lord 
[seal] one thousand eight hundred and sixty- 
five, and of the Independence of the 
United States of America the ninetieth. 
William H. Seward, 

Secretary of State. 

[New Jersey, Oregon, California and Iowa 
ratified subsequently to the date of this certifi- 
cate, as did Florida in the same form as South 
Carolina and Alabama.] 



II. 



PRESIDENT JOHNSON'S ORDERS AND PROCLiMATIONS. 



Respecting Commercial Intercourse with. In- 
surrectionary States, April 29, 1865. 

Executive Chamber, 
Washington, April 29, 1865. 
Being desirous to relieve all loyal citizens and 
well-disposed persons, residing in insurrectionary 
States, from unnecessary commercial restrictions, 
and to encourage them to return to peaceful pur- 
suits, It is hereby ordered : 

I. That all restrictions upon internal, domes- 
tic, and coastwise commercial intercouise be dis- 
continued in such parts of the States of Tennes- 
see, Virginia, North Carolina, South Carolina, 
Georgia, Florida, Alabama, Mississippi, and so 
much of Louisiana as lies east of the Mississippi 
river, as shall be embraced within the lines of 
national military occupation, excepting only such 
restrictions as are imposed by acts of Congress 
and regulations in pursuance thereof, prescribed 
by the Secretary of the Treasury, and artproved 
by the President ; and excepting also from the 
efi'ect of this order the following articles contra- 
band of war, to wit : arms, ammunition, all arti- 
cles from which ammunition is manufactured, 
gray uniforms and cloth, locomotives, cars, rail- 
road iron, and machinery for operating railroads, 
telegraph wires, insulators, and instruments for 
operating telegraphic lines. 

II. All existing military and naval orders in 
any manner restricting internal, domestic, and 
coastwise commercial intercourse and trade with 
or in the localities above named be, and the same 
are hereby revoked; and that no military or 
naval officer, in any manner, interrupt or inter- 
fere with the same, or with any boats or other 
vessels engaged therein, under proper authority, 
pursuant to the regulations of the Secretary of 
the Treasury. 

Andrew Johnson. 

Executive Order for the Trial of the Alleged 
Assassins of President Lincoln, May 1, 1865. 

Executive Chamber, 
Washington City, Maij 1, 1865. 

Whereas, the Attorney General of the United 
States hath given his opinion : 

That the persons implicated in the murder of 
the late President, Abraham Lincoln, and the 
attempted assassination of the Honorable Wil- 
liam H. Seward, Secretary of State, and in an 
alleged conspiracy to assassinate other officers of 
the Federal Government at Washington city, 
and their aiders and abel.tors, are subject to the 
jurisdiction of, and lawfully triable before, a mili- 
tary commission : 

it iii Ordered ■■ 1st, That the Assistant Adju- 
tant General detail nine competent military offi- 
cers to serve as a commission for the trial of said 
parties, and that the Judge Advocate General 



proceed to prefer charges against said parties for 
their alleged offences, and bring them to trial be- 
fore said military commission; that said trial or 
trials be conducted by the said Judge Advocate 
General, and as recorder thereof, in person, aided 
by such assistant and special judge advocates 
as he may designate ; and that said trials be 
conducted with all diligence consistent with tlie 
ends of justice : the said commission to sit with- 
out regard to hours. 

2d. That Brevet Major General Hartranft be 
assigned to duty as special provost marshal 
general, for the purpose of said trial, and at- 
tendance upon said commission, and the execu- 
tion of its mandates. 

3d. That the said commission establish such 
order or rules of proceedings as may avoid un- 
necessary delay, and conduce to the ends of pub- 
lic justice. 

Andrew Johnson. 

order for the execution of the sentence of 
the commission. 
Executive Mansion, July 5, 1865. 
The foregoing sentences in the cases of Da\*id 
E. lierold, G. A. Atzerodt, Lewis Payne, Michael 
O'Laughlin, Edward Spangler, Samuel Arnold, 
Mary E. Surratt and Samuel A. Mudd, are here- 
by approved, and it is ordered that the sentences 
of said David E. Herold, G. A. Atzerodt, Lewis 
Payne, and Mary E. Surratt, be carried into exe- 
cution by the proper military authority, under 
the direction of the Secretary of War, on the 7th 
day of July, 1865, between thehoursof 10 o'clock, 
a. m., and 2 o'clock, p. m., of that day. It is 
further ordered, thai the prisoners, Samuel Ar- 
nold, Samuel A. Mudd, Edward Spangler, and 
Michael O'Laughlin, be confined at hard labor 
in the penitentiary at Albany, New York, during 
the period designated in their respective sen- 
tences. Andrew Johnson, 

Fresident. 

[By an order dated July 15, the place of con- 
finement, as to the four last mentioned, was 
changed to the "military prison at Dry Tortu- 
gas, Florida."] 

For the Arrest of Jefferson Davis, Clement C. 
Clay, and others, May 2, 1865. 

Whereas it appears from evidence in the Bu- 
reau of Military Justice that the atrocious mur- 
der of the late President, Abraham Lincoln, and 
the attempted assassination of the Honorable 
William H. Steward, Secretary of State, were in- 
cited, concerted, and procured by and between 
Jefferson Davis, late of Richmond, Virginia, and 
Jacob Thompson, Clement C. Clay, Beverly 
Tucker, George N. Sanders, William C. Cleary, 



POLITICAL MANUAL. 



s.] 



and other rebels a«d traitors against the Gov- 
ernment of the United States, harbored in 
Canada : 

Now, therefore, to the end that justice may 
be done, I, Andrew Johnson, President of the 
United States, do offer and promise for the arrest 
of said persons, or either of them, within the 
limits of the United States, so that they can be 
brought to trial, the following rewards: 

One hundred thousand dollars for the arrest 
of Jeiferson Davis. 

Twenty-five thousand dollars for thfi arrest of 
Clonienc C.Clay.* 

Twenty-five thousand dollars for the arrest of 
Jacob Thompson, late of Mississippi. 

Twenty-five thousand dollars for the arrest of 
George N. Sanders. 

Twenty-five thousand dollars for the arrest of 
Beverly Tucker. 

Ten thousand dollars for the arrest of William 
C. Cleary, late clerk of Clement C. Clay. 

The Provost Marshal General of the United 
States is directed to cause a description of said 
persons, with notice of the above rewards, to be 
ptiblished. 

In testimony whereof, I have hereunto set 'my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington this second 
day of Maj', in the year of our Lord one 
thousand eight hundred and sixty-five, 
and of the Independence of tlie United 
States of America the eighty-ninth. 

Andrew Johnson. 

By the President: 

W. Hunter, Acting Secretary of State. 

Exocutivo Order to Re-establisli the Authority 
of the United States, and Execute the Laws 
within the Geographical Limits known as the 
State of Virginia. 

Executive Cuamber, 
Washington City, May 9, 1865. 
Ordered — First. That all acts and proceed- 
ings of the political, military, and civil organiza- 
tions which have been in a state of insurrection 
and rebellion, within the State of Virginia, 
against the authority and laws of the United 
States, and of which Jefferson Davis, John 
Letcher, and William Smitli were late the respec- 
tive chiefs, are declared null and void. All 
persons wlio shall exercise, claim, pretend, or at- 
tempt to exercise any political, military, or civil 
power, authority, jurisdiction, or right, by, 
through, or under Jefferson Davis, late of the 

*Mr. Clay wiis released under this ordei-: 

War Department, Adjuta.nt Gr.xERAi,'s Office, 
Washinotox, April 17, 1SG6. 
Maj. Gen. N. A. Miles, Commanding, tCc, Fortivss Monroe, 
Virginia: 
OnU.reA, That Clement C. Clay, Jr., is licreliy rdea-sed 
from confiiienicnt, niid permitted to return to and remain 
in the State of Alabama, and to visit kucIi other iihures in 
the United States as his persuiial Imsiness may render alwcj- 
lutoly necessary, upon the lollowin^ coiiditions, viz : th;it 
Jfj takes the oath of allegiance to the United States, and 
gives liis parole of honor to conduct himself us a loyal citi- 
zen of the same,and to report himself in person at any time 
and phico to answer any char;;es that may hereafter bo pre- 
pared against him by the United States. 
Please report receipt and execution of this order. 
By order of the President of the United Stales : 

E. D. TOWNSEXD. 
Assistant Adjutant General. 



city of Richmond, and his confederates, oi under 
John Letcher or William Smith and their con- 
federates, or under any pretended political, mili- 
tary, or civil commission or authority issued by 
them, or either of them, since the 17th day of 
April, 1861, shall be deemed and taken as in 
rebellion against the United States, and shall be 
dealt with accordingly. 

Second. That the Secretary of State proceed 
to put in force all laws of the United States, the 
administration whereof belongs to the Depart- 
ment of State, applicable to the geographical 
limits aforesaid. 

Third. That the Secretary of the Treasury 
proceed, without delay, to nominate for appoint- 
ment, assessors of taxes and collectors of customs 
and internal revenue, and such other officers of the 
Treasury Department as are authorized by law, 
and shall put into execution the revenue laws of 
the United States within the geographical limits 
aforesaid. -In making appointments, the pref- 
erence shall be given to qualified loyal persons 
residing within the districts where their respec- 
tive duties are to be performed. But if suitable 
persons shall not be found residents of the dis- 
tricts, tlien persons residing in other States or 
districts shall be appointed. 

Fourth. That the Postmaster General shall 
proceed to establish post offices and post routes, 
and put into execution the postal laws of the 
United States within the said States, giving to 
loyal residents the preference of appointment; 
but if suitable persons are not found, then to ap- 
point agents, &c., from other States. 

Fifth. That the district judge of said district 
proceed to hold courts within said State, in 
accordance with the provisions of the acts of 
Congress. The Attorney General will instruct 
the ] iroper officers to libel and bring to judgment, 
confiscation, and sale, property subject to confis- 
cation, and enforce the administration of justice 
within said State, in all matters civil and criminal 
within tlie cognizance and jurisdiction of the 
Federal courts. 

Sixth. That the Secretary of War assign such 
assistant provost marshal general, and such 
provost marshals in each district of said State 
as he may deem necessary. 

Seventh. The Secretary of the Navy will take 
possession of all public property belonging to 
the Navy Department within said geographical 
limits, and put in operation all acts of Congress 
in relation to naval affairs having application 
to the said State. 

Eiijhth. The Secretary of the Interior will 
also put in force the laws relating to the Depart- 
ment of the Interior. 

Ninth. That to carry into effect the guaranteo 
of the Federal Constitution of a republican form 
of State government, and afford the advantage 
and security of domestic laws, as well as to com- 
plete the re-establishment of the authority of the 
laws of the United Slates, and the full and com- 
[ilete .-estoration of ])eace within the limits afore- 
said, Francis IT. Pierpoiut, Governor of the State 
of Virginia, will be aided by the Federal Govern- 
ment, so far as may be necessary, in the lawful 
measures which he may take for the extension 
and administration of tlie State Government 
throughout the geographical limits of said State, 



ORDERS AND PROCLAMATIONS. 



In testimony whereof, I liave hereunto set my 
r -, hand and caused the seal of the United 

■• ■■' States to be affixed. 

Andrew Johnson. 
By the President: 

W. Hunter, Acting Secretary of State. 

Equality of Eights with all Maritime Nations, 
May 10, 1865. 

Whereas the President of the United States, 
by his proclamation of the nineteenth day of 
April, one thousand eight hundred and sixty- 
one, did declare certain States therein mentioned 
in insurrection against the Government of the 
United States ; 

And whereas armed resistance to the authority 
of this Government in the said insurrectionary 
States may be regarded as virtually at an end, 
and the persons by whom that resistance, as well 
as the operations of insurgent cruisers, were di- 
rected, are fugitives or captives; 

And whereas it is understood that some of 
those cruisers are still infesting the high seas, 
and others are preparing to capture, burn, and 
destroy vessels of the United States : 

Now, therefore, be it known, that I, Andrew 
Johnson, President of the United States, hereby 
enjoin all naval, military, and civil officers of 
the United States, diligently to endeavor, by all 
lawful means, to arrest the said cruisers, and to 
bring them into a port of the United States, in 
order that they may be prevented from com- 
mitting further depredations on commerce, and 
that the persons on board of them may no 
longer enjoy impunity for their crimes. 

And I further proclaim and declare, that if, 
after a reasonable time shall have elapsed for 
this proclamation to become known in the ports 
of nations claiming to have been neutrals, the 
said insurgent cruisers and the persons on board 
of them shall continue to receive hospitality in 
the said ports, this Government will deem itself 
justified in refusing hospitality to the public 
vessels of such nations in ports of the United 
States, and in adopting such other measures as 
rnay be deemed advisat;le towards vindicating 
the national sovereignty. 

In witness whereof, I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington, this tenth day 

of May, in the year of our Lord one 

r 1 thousand eight hundred and sixty-five, 

^ ' ■-' and of the independence of the United 

States of America the eighty-ninth. 

Andrew Johnson. 
By the President: 

W. Hunter, Acting Secretary of State. 

Commercial Intercourse and the Blockade, May 
22, 1865. 

Whereas, by the proclamation of the President 
of the eleventh day of April last, certain ports 
of the United States therein specified, which had 
previously been subject to blockade, were, for 
objects of public safety, declared, in conformity 
with previous special legislation of Congress, to 
be closed against foreign coninierce during the 
national will, to be thereafter expressed and 
made known by the President ; and whereas 



events and circumstances have since occurred 
which, in my judgment, render it expedient to 
remove that restriction, except as to the ports of 
Galveston, La Salle, Brazos de Santiago (Point 
Isabel,) and Brownsville, in the State of Texas : 

Now, therefore, bt it known that I, Andrew 
Johnson, President of the United States, do here- 
by declare that the ports aforesaid, not excepted 
as above, shall be open to foreign commerce 
from and after the first day of July, next; that 
commercial intercourse with the said ports may, 
from that time, be carried on, subject to the laws 
of the United States, and in pursuance of such 
regulations as may be prescribed by the Secre- 
tary of the Treasury. If, however, any vessel 
from a foreign port shall enter any of the before- 
named excepted ports in the State of Texas, she 
will continue to be held liable to the penalties 
prescribed by the act of Congress approved on 
the thirteenth day of July, eighteen hundred 
and sixty-one, and the persons on board of her 
to such penalties as may be incurred, pursuant 
to the laws of war, for trading, or attempting to 
trade, with an enemy. 

And I, Andrew Johnson, President of the 
United States, do hereby declare and make known 
that the United States of America do, henceforth, 
disallow to all persons trading, or attempting to 
trade, in any ports of the United States in vio- 
lation of the laws thereof, all pretence of bel- 
ligerent rights and privileges, and 1 give notice 
that, from the date of this proclamation, all 
such offenders will be held and dealt with as 
pirates. 

It is also ordered that all restrictions upon 
trade heretofore imposed in the territory of the 
United States east of the Mississippi river, save 
those relating to contraband of war, to the 
reservation of the rights of the United States to 
property purchased in the territory of an enemy, 
and to the twenty-five per cent, upon purchases 
of cotton, are removed. All provisions of the 
internal revenue law will be carried into effect 
under the proper officers. 

In witness whereof I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington, this twenty- 
second day of May, in the year of our 
Lord one thousand eight hundred and 
[seal.] sixty-five, and of the Independence of 
the United States of America the eighty- 
ninth. 

Andrew Johnson. 

By the President: 

W. Hunter, Acting Secretary of State. 

Of Amnesty, May 29, 1865. 

Whereas the President of the United States, 
on the 8th day of December, A. D. eiditeen 
hundred and sixty-three, and on the 26tn day 
of March, A. D. eighteen hundred and sixty- 
four, did, with the object to suppress tlie exist- 
ing rebellion, to induce all persons to return to 
their loyalty, and to restore the authority of the 
United States, issue proclamations offering am- 
nesty and pardon to certain persons who had 
directly, or by implication, participated in the 
said rebellion ; and whereas many persons who 
had so engaged in said rebellion, have, since the 



10 



POLITICAL MANUAL, 



lEsuance of said proclamations, failed or neg- 
lected to take the benefits offered thereby ; and 
whereas many persons who have been justly de- 
prived of all claim to amnesty and pardon there- 
under by reason of their participation, directly 
or bj' implication, in said rebellion, and con- 
tinued hostility to the Government of the United 
States since the date of said proclamations, now 
desire to apply for and obtain amnesty and 
pardon : 

To the end, therefore, that the authority of 
the Government of the United States may be 
restored, and that peace, order, and freedom may 
be established, I, Andrew Johnson, Pre=;ident of 
the United States, do proclaim and declare that 
I hereby grant to all persons who have, directly 
or indirect!}', participated in the existing rebel- 
lion, except as hereinafter excepted, amnesty and 
pardon, with restoration of all rights of property, 
except as to slaves, and except in cases where 
legal proceedings, under the laws of the United 
States providing for the confiscation of property 
of persons engaged in rebellion, have been insti- 
tuted ; but upon the condition, nevertheless, 
that every such person shall take and subscribe 
the following oath (or affirmation), and thence- 
forward keep and maintain said oath inviolate; 
and v/hich oath shall be registered for permanent 
preservation, and shall be of the tenor and effect 
toUowmg, to wit: 

" I, , do solemnly swear (or affirm), 

in presence of Almighty God, that I will hence- 
forth faithfully support, protect, and defend the 
Constitution of the United States, and the union 
of the States thereunder; and that I will, in 
like manner, abide by and faithfully support all 
laws and proclamations which have been made 
during the existing rebellion, with reference to 
the emancipation of slaves : So help me God." 

The following classes of persons are excepted 
from the benefits of this proclamation : 

1st. All who are or shall have been pretended 
civil or diplomatic ofiicers or otherwise domestic 
or foreign agents of the pretended government. 

2d. All who left judicial stations under the 
United States to aid the rebellion. 

3d. All who shall Iiave been military or naval 
officer.s of said pretended confederate govern- 
ment above tlie rank of colonel in the army, or 
lieutenant in the navy. 

4th. All who left seats in the Congress of the 
United States to aid the rebellion. 

5th. All who resigned or tendered resignations 
of their commissions in the army or navy of the 
United States, to evade duty in resisting the 
rebellion. 

6th. All who have engaged in any way in 
treating otherwise tiian lawfully as prisoners of 
war, persons found in the United States service 
as officers, soldiers, seamen, or in other capaci- 
ties. 

7th. All persons who have been or are absen- 
tees from the United States for the purpose of 
aidinf; the rebellion. 

8th. All military and naval officers, in the 
rebel service, who were educated by the Govern- 
ment in the Military Academy at West Point or 
the United States Naval Academy. 

0th. All persons who held the pretended offices 



of governors of States in insurrection against 
the United States. 

10th. All persons who left their homes within 
the jurisdiction and protection of the United 
States, and passed beyond the Federal military 
lines into the pretended confederate States for 
the purpose of aiding the rebellion. 

11th. All persons who have been engaged in 
the destruction of the commerce of the United 
States upon the high seas, and all persons who 
have made raids into the United States from 
Canada, or been engaged in destroying the com- 
merce of the United States upon tlie lakes and 
rivers tha.t separate the British Provinces from 
the United States. 

12th. All persons who, at the time when they 
seek to obtain the benefits hereof b}' taking the 
oath herein prescribed, are in military, naval, or 
civil confinement, or custody, or under bonds of 
the civil, military, or naval authorities, or agents 
of the United States, as prisoners of war, or per- 
sons detained for offences of any kind, either 
before or after conviction. 

13th. All persons who have voluntarily par- 
ticipated in said rebellion, and the estimated 
value of whose taxable property is over twenty 
thousand dollars. 

14th. All persons who have taken the oath 
of amnesty as prescribed in the President's pro- 
clamation of December 8, A. D. 1863, or an 
oath of allegiance to the Government of the 
United States since the date of said proclama- 
tion, and who thenceforward kept and main- 
tained the same inviolate. 

Provided, That special application may be 
made to the President for pardon by any person 
belonging to the excepted classes ; and such 
clemency will be liberally extended as may be 
consistent with the facts of the case and the 
peace and dignity of the United States. 

The Secretary of State will establish rules and 
regulations for administering and recording said 
amnesty oath, so as to insure its benefit to the 
people, and guard the Government against 
fraud. 

In testimony whereof, I have hereunto set my 
hand, and caused the seal of the 'United States 
to be affixed. 

Done at the City of Washington, the twenty- 
ninth day of May, in the year of our 
r 1 Lord one thousand eight hundred and 

l-^ 'J sixty-five, andof the Independence of 
the 'United States the eighty-ninth. 
Andrew johxson. 
By the President: 

William H. Seward, Secretary of State. 

circular. 

Department of State, 
W.\SHiNGTON, May 29, 1865. 
Sir: a copy of the President's amnesty proc- 
lamation of this date is herewith appended. By 
a clause in the instrument, the Secretary of 
State is directed to establish rules and regula- 
tions for administering and recording the am- 
nesty oath, so as to insure its benefit to the peo- 
ple and guard the Government against fraud. 
Pursuant to this injunction, you are informed 
that the oath prescribed in the proclamation 
may bo taken and subscribed before any com- 



ORDERS AND PROCLAMATIONS. 



11 



missioned officer, civil, military, or naval, in the 
service of the United States, or any civil or mili- 
tary officer of a loyal State or Territory, who, 
by the laws thereof, may be qualified for admin- 
istering oaths. All officers who receive such 
oaths are hereby authorized to give certified 
copies thereof to the persons i-espectively by 
whom they were made. And such officers are 
hereby required to transmit the originals of such 
oaths, at as early a day as may be convenient, 
to this Department, where they will be depos- 
i*-,ed, and remain in the archives of the Govern- 
ment. A register thereof will be kept in the 
Department, and on application, in proper cases, 
certificates will be issued of such records in the 
customary form of official certificates. 
I am, sir, your obedient servant, 

William H. Seward. 

Appointing "William W. Holden Provisional Gov- 
ernor of North Carolina, May 29, 1865. 

Whereas the fourth section of the fourth article 
of the Constitution of the United States declares 
that the United States shall guarantee to everj'- 
State in the Union a republican form of gov- 
ernment, and shall protect each of them against 
invasion and domestic violence ; and whereas 
the President of the United States is, by the Con- 
stitution, made commander-in-chief of the army 
and navy, as well as chief civil executive officer 
of the United States, and is bound by solemn 
oath faithfully to execute the office of President 
of the United States, and to take care that the 
laws be faithfully executed ; and whereas the 
rebellion, which has been waged by a portion of 
the people of the United States against the 
properly constituted authorities of the Govern- 
ment thereof, in the most violent and revolting 
form, but whose organized and armed forces 
have now been almost entirely overcome, has, 
in its revolutionary progress, deprived the people 
of the State of North Carolina of all civil gov- 
ernment; and whereas it becomes necessary and 
proper to carry out and enforce the obligations 
of tlie United States to the people of North 
Carolina, in securing them in the enjoyment of 
a republican form of government: 

Now, therefore, in obedience to the high and 
solemn duties imposed upon me by the Consti- 
tution of the United States, and for the purpose of 
enabling the loyal people of said State to organ- 
ize a State government, whereby justice may be 
established, domestic tranquillity insured, and 
loyal citizens protected in all their rights of life, 
liberty, and property, I, And'-ew Johnson, 
President of the United States, and Commander- 
in-Chief of the army and navy of the United 
States, do herebj' appoint William W. Holden 
Provisional Governor of the State of North 
Carolina, whose duty it shall be, at the earliest 
practicable period, to prescribe such rules and 
regulations as may be necessary and proper for 
convening a convention, composed of delegates 
to be cliosen by that portion of the people of 
said State who are loyal to the United States, 
and no others, for the purpose of altering or 
amending the constitution thereof; and with au- 
thority to exercise, within the limits of said State, 
all the powers necessary and proper to enable 
Buch loyal people of the State of North Carolina to 



restore said State to its constitutional relation!^ 
to the Federal Government, and to present such 
a republican form of State government as will 
entitle the State to the guarantee of the United 
States therefor, and its people to protection by 
the United States against invasion, insurrection, 
and domestic violence ; Provided, that in any 
election that may be hereafter held for choosing 
delegates to any State convention, as aforesaid, 
no person shall be qualified as an elector, or 
shall be eligible as a member of such convention, 
unless he shall have previously taken the oath 
of amnesty, as set forth in the President's proc- 
lamation of May 29, A. D. 1865, and is a voter 
qualified as prescribed by the Constitution and 
laws of the State of North Carolina, in force 
immediately before the 20th day of May, 1861, 
the date of the so-called ordinance of secession ; 
and the said convention when convened, or the 
Legislature that may be thereafter assembled, 
will prescribe the qualification of electors, and 
the eligibility of persons to hold office under the 
Constitution and laws of the State, a power the 
people of the several States composing the Fed- 
eral Union liave rightfully exercised from the 
origin of the Government to the present time. 

And I do hereby direct: 

First. That the military commander of the 
Department, and all officers and persons in the 
military and naval service aid and assist the 
said Provisional Governor in carrying into effect 
this proclamation, and they are enjoined to ab- 
stain from, in any way, hindering, impeding, or 
discouraging the loyal people from the organiza- 
tion of a State Government, as herein authorized. 

Second. Tliat the Secretary of State proceed to 
put in force all laws of the United States, the 
administration whereof belongs to the State De- 
partment, applicable to the geographical limit3 
aforesaid. 

Third. That the Secretary of the Treasury 
proceed to nominate for appointment assessors of 
taxes and collectors of customs and internal rev- 
enue, and such other officers of the Treasury 
Department as are authorized by law, and put 
in execution the revenue laws of the United 
States within the geographical limits aforesaid. 
In making appointments, the preference sihall be 
given to qualified loyal persons residing within 
the districts where their respective duties are to 
be performed. But, if suitable residents of the 
districts shall not be found, then persons residing 
in other States or districts shall be appointed. 

Fourth. That the Postmaster General proceed 
to establish post offices and post routes, and put 
into execution the postal laws of the United 
States within the said State, giving to loyal resi- 
dents the preference of appointment ; but if suit- 
able residents are not found, then to appoint 
agents, Ac, from otlier States. 

Fifth. That the district judge for the judicial 
district in which North Carolina is included pro- 
ceed to hold courts within said State, in accord- 
ance with the provisions of the act of Congress. 
The Attorney General will instruct the proper 
officers to libel, and bring to judgment, confisca- 
tion and sale, property subject to confiscation, 
and enforce the administration of justice within 
said State in all matters within the cognizance 
and jurisdiction of the Federal courts. 



12 



POLITICAL MANUAL. 



Sixth. That the Secretary of the Navy take 
possession of all public property belonging to 
the Navy Department, within said geographical 
limits, and put in operation all acts of Congress 
in relation to naval affairs having application to 
the said State. 

Seventh. That the Secretary of the Interior 
put in force the laws relating to the Interior 
Department, applicable to the geographical limits 
aforesaid. 

In testimony whereof, I have hereunto set my 
hand and caused the great seal of the United 
States to be affixed. 

Done at the city of Washington, this twenty- 
ninth day of May, in the year of our 
r 1 Lord one thousand eight hundred and 
I- ■ 'J sixty-five, and of the Independence of the 
United States the eighty-ninth. 

Andre-w Johnson. 
By the President: 

William H. Seward, Secretary of State. 
1865, June 13 — A like proclamation was issued, 
appointing William L. Sharkey, Pro- 
visional Governor of Mississippi. 
1865, June 17 — James Johnson appointed Pro- 
visional Governor of Georgia. 
1865, June 17 — Andrew J. Hamilton appointed 

Provisional Governor of Texas. 
1865, June 21 — Lewis E. Parsons appointed 

Provisional Governor of Alabama. 
1865, June 30 — Benjamin F. Perry appointed 
Provisional Governor of Souih Caro- 
lina 
1865, July 13 — William Marvin appointed 
Provisional Governor of Florida. 

Orders Eespecting Freedmen. 

Executive Mansion, 
Washington, D. C, June 2, 1865. 
Whereas, By an act of Congress, approved 
March 3, 1865, there was established in the War 
Department a Bureau of Refugees, Freedmen, 
and Abandoned Lands, and to which, in accord- 
(vnce witli the said act of Congress, is committed 
the supervision and management of all aban- 
doned lands, and the control of all subjects relat- 
ing to refugees and freedmen from rebel States, 
or from any district of country within the terri- 
tory embraced in the operations of the army, 
under such rules and regulations as may be pre- 
scribed by the head of ene bureau, and approved 
by the President; and whereas, it appears that 
the management of abandoned lands, and sub- 
jects relating to refugees and freedmen, as afore- 
said, have been, and still are, by orders based 
on military exigencies, or legislation based on 
previous statutes, partly in the hands of military 
officers disconnected with said bureau, and part- 
ly in charge of officers of tlie Treasury Dej)art- 
ment; it i.s therefore Ordered, That all officers 
of the Treasury Department, all military officers 
and others in the service of the United States, 
turn over to the authorized officers of said bu- 
reau all abandoned lands and property contem- 
[dated in said act of Congress, approved March 
tliird, eigliteei; hundred and sixty-five, estab- 
lishing the Bureau of Refugees, Freedmen, and 
Abandoned Lands, that may now be under or 
within their control. They will also turn over 
to sucli officers all funds collected by tax or 



otherwise for the benefit of refugees or freedmen, 
or accruing from abandoned lands or property 
set apart for tlieir use, and will transfer to them 
all official records connected with the adminis- 
tration of aflaii's which pertain to said Bureau. 

Andrew Johnson. 
By order of the Secretary of War: 

E. D. TowNSEND, Ass't Adj't General. 

Circular Xo. 15. 
War Department, 
BuEEAU Refugees, Freedmen, 
and Abandoned Lands, 
Washington, D. C, September 12, 1865. 

I. Circular No. 13, of July 28, 1865, from this 
bureau, and all portions of circulars from this 
bureau conflicting with the provisions of this 
circular, are hereby rescinded. 

II. This bureau has charge of such " tracts of 
land within the insurrectionary States as shall 
have been abandoned, or to which the United 
States shall have acquired title by confiscation 
or sale, or otherwise," and no such lands now in 
its possession shall be surrendered to any claim- 
ant except as hereinafter provided. 

III. Abandoned lands are defined in section 
2 of the act of Congress approved July 2, 1804, 
as lands, " the lawful owner whereof shall be 
voluntarily absent therefrom, and engaged either 
in arras or otherwise in aiding or encouraging 
the rebellion." 

IV. Land will not be regarded as confiscated 
until it has been condemned and sold l)y decree 
of the United States court for the district in 
which the property may be found, and the title 
thereto thus vested in the United States. 

V- Upon its appearing satisfactorily to any 
assistant commissioner that any propert}' under 
his control is not abandoned as above defined, 
and itliat the United States has acquired no title 
to it by confiscation, sale or otlierwise, he will 
formally surrender it to the authorized claimant 
or claimants, promptly reporting his action to 
the Commissioner. 

VI. Assistant commissioners will prepare accu- 
rate descriptions of all confiscated and abandoned 
lands under their control, keeping a record there- 
of themselves, and forwarding monthly to the 
Commissioner copies of these descriptions in the 
manner prescribed in circular No. 10, of July 
11, 1865, from this bureau. 

They will set apart so much of said lands as is 
necessary for tiie immediate 'use of loyal refu- 
gees and freedmen, being careful to select for this 
purpose those lands which most clearly fall 
under the control of this bureau, which selection 
must be submitted to the Commissioner for his 
approval. 

The specific division of lands so set apart into 
lots, ana the rental or sale thereof, according to 
section 4 of tlie law establishing the bureau, will 
be completed as soon as practicable, and reported 
to the Commissioner. 

VII. Abandoned lands held by this bureau 
ma}^ be restored to owners pardoned by the Pres- 
ident, by the assistant commissioners, to whom 
applications for such restoration should be for- 
warded, so far as practicable, through tlie super- 
intendents of the districts in which the lands aro 
situated. 



ORDERS AND PROCLAMATIONS. 



13 



Each application must be accompanied by — 

1st. Evidence of special pardon oy the Presi- 
dent, or a copy of the oath of amnesty pre- 
ecribed in the President's proclamation of May 
29, 1865, when the applicant is not included in 
any of the classes therein excepted from the 
benefits of said oath. 

2d. Proof of title. 

Officers of the bureau through whom the ap- 
plication passes will indorse thereon such facts 
as may assist the assistant commissioner in his 
decision, stating especially the use made by the 
Dureau of the land. 

VIII. No land under cultivation by loyal 
refugees or freedmen will be restored under this 
circular, until the crops now growing shall be 
secured for the benefit of the cultivators, unless 
full and just compensation be made for their 
labor and its products, and for their expendi- 
ures. 0. 0. Howard, 

Major General, Commissioner. 

Approved: Andrew Johnson, 

President of the United States. 

For the Eeturn to Persons Pardoned, of their 
Property. 

Executive Office, Avr/ust 16, 1805. 
Respectfully returned to the Commissioner 
of Bureau Refugees, Freedmen, &c. The records 
of this office show that B. B. Leake was spe- 
cially pardoned by the President on the 27th 
ultimo, and was thereby restored to alibis rights 
of property, except as to slaves. Notwithstand- 
ing this, it is understood that the possession of 
his property is withheld from him. I have, 
therefore, to direct that General Fisk, assistant 
commissioner at Nashville, Tennessee, be in- 
structed by the Chief Commissioner of Bureau 
of Freedmen, &c., to relinquish possession of the 
property of Mr. Leake, held by him as assistant 
commissioner, &c., and that the same be imme- 
diately restored to the said Leake. The same 
action will be had in all similar cases.* 
Andrew Johnson, 

President United States. 
To 0. 0. Howard, 

Maj. General, Com'r Freedmen s Affairs. 

Eespecting Commercial Intercourse, and the 
Suppression of the Eobellion in the State of 
Tennessee, June 13, 1865. 

Whereas by my proclamation of the twenty- 
ninth of April, one thousand eight hundred 
and sixty-five, all restrictions upon internal, 

♦Extract from letter of General Howard, April '23, 1866, 
in reply to resolution of the House of Representatives of 
March 5, 18G6: 

'• In cuniplying with these definite instructions, the bu- 
reau has been compelled to part with the greater portion of 
the property once under its control. Except in the very 
few cases where property has been actually sold under the 
act of July 17, 1862, and in that portion of South Carolina 
and Oeornia embraced in the provisions of General Sher- 
man's field Order No. 15, its tenure of property has been too 
uncertain to justii'y allotments to freedmen. 

Acres. 
Property seized under act of July, 1862, and re- 

store<l by this bureau 15,452 

Abandoned property allotted to freedmen and re- 

Btored by this bureau 14,652 

Abandoned property not allotted to freedmen re- 
stored by this bureau 400,000 

Total 43C,104" 



domestic, and commercial intercourse, with cer- 
tain exceptions therein specified and set forth, 
were removed " in such parts of <'he States of 
Tennessee, Virginia, North Carolina, South 
Carolina, Georgia, Florida, Alabama, Mississippi, 
and so much of Louisiana as lies east of the 
Mississippi river, as shall be embraced within 
the lines of national military occupation; * -" 

And whereas by my proclamation of the 
twenty-second of May, one thousand eight 
hundred and sixty-five, for reasons therein giv en, 
it was declared that certain ports of the United 
States which had been previously closed against 
foreign commel-ce, should, with certain specified 
exceptions be reopened to such commerce, on 
and after the first day of July next, subject to 
the laws of the United States, and in pursuance 
of such regulations as might be prescribed by 
the Secretary of the Treasury ; 

And whereas I am satisfactorily informed, 
that dangerous combinations against the laws of 
the United States no longer exist within the 
State of Tennessee ; that the insurrection here- 
tofore existing within said State has been sup- 
pressed ; that vi ithin the boundaries thereof the 
authority of the United States is undisputed ; 
and that such officers of the United States as 
have been duly commissioned are in the undis- 
turbed exercise of their official functions : 

Now, therefore, be it known that I, Andrew 
Johnson, President of the United -States, do 
hereby declare that all restrictions upon in- 
ternal, domestic, and coastwise intercourse and 
trade, and upon the removal of products of 
States heretofore declared in insurrection, re- 
serving and excepting only those relating to 
contraband of war, as hereinafter recited, and 
also those which relate to the reservation of the 
rights of the United States to property purchased 
in the territory of an enemy, heretofore im- 
posed in the territory of the United States east 
of the Mississippi river, are annulled, and I do 
hereby direct that they be forthwith removed ; 
and that on and after the first day of July next 
all restriction upon foreign commerce with said 
ports, with the exception and reservation afore- 
said, be likewise removed ; and that the com- 
merce of such States shall be conducted under 
the supervision of the regularly appointed 
officers of the customs provided by law ; and 
such officers of the customs shall receive any 
captured and abandoned property that may be 
turned over to them, under the law, by the 
military or naval forces of the United States, 
and dispose of such property as shall be directed 
by the Secretary of the Treasury. 

The following articles contraband of war are 
excepted from the effect of this proclamation : 
arms, ammunition, all articles from which 
ammunition is made, and gray uniforms and 
cloth. 

And I hereby also proclaim and declare that 
the insurrection, so far as it relates to, and 
within the State of Tennessee, and the inhabi- 
tants of the said State of Tennessee as re-organ- 
ized and constituted under their recently adopted 
constitution and re organization, and accepted 
by them, is suppressed, and therefore, also, that 
all the disabilities end disqualifications attach- 
ing to said State and the inhabitants thereof 



14 



POLITICAL MANUAL. 



con?equent upon any proclamations, issued by- 
virtue of llie fifth section of the act entitled "An 
act further to provide for the collection of duties 
on imports and for other purposes," approved 
the thirteenth day of July, one thousand eight 
hundred and sixty-one, are removed. 

But nothing herein contained shall be consid- 
ered or construed as in any wise changing or 
impairing any of the penalties and forfeitures 
for treason heretofore incurred under the laws 
of the United States, or any of the provisions, 
restrictions, or disabilities set forth in ray proc- 
lamation, bearing date the twenty-ninth day of 
May, one thousand eight hundred and sixty- 
five", or as impairing existing regulations for the 
suspension of the habeas corpus, and the exercise 
of military law in cases where it shall be neces- 
Fary for the general public safety and welfare 
during the existing insurrection ; nor shall this 

firoclamation affect, or in any way impair, any 
aws heretofore passed by Congress, and duly 
approved by the President, or any proclamations 
or orders, issued by him, during the aforesaid in- 
surrection, abolishing slavery, or in any way 
affecting the relations of slavery, whether of per- 
sons or of property ; but on the contrary, all 
such laws and proclamations heretofore made or 
issued are expressly saved, and declared to be in 
full force and virtue. 

In testimony whereof, I have hereunto set my 
hand, and caused the seal of the United States to 
be affixed. 

Done at the city of Washington, this thir- 
teenth day of June, in trie year of our 
Lord one thousand eight hundred and 
[seal.] sixty-five, and of the independence of 
the United States of America the eightY- 
ninth. Andrew Johnsou. 

By the President : 

William H. Seward, Secretary of State. 



Blockade Bescinded, June 23, 1865. 

Whereas by the proclamation of the Presi- 
dent of the fifteenth and twenty-seventh of 
April, eighteen hundred and sixty-one, a block- 
ade of certain ports of the United States was set 
on foot ; but whereas the reasons for that measure 
have ceased to exist : 

Now, therefore, be it known that I, Andrew 
Jolinson, President of the United States, do hereby 
declare and proclaim the blockade aforesaid to 
be rescinded as to all the ports aforesaid, includ- 
ing that of Galveston and other ports west of 
the Mississippi river, which ports will be open 
to foreign commerce on the first of July next, 
on the terras and conditions set forth in ray 
proclamation of the twenty-second of May last. 

It is to be understood, however, that the block- 
ade thus rescinded was an international measure 
for the purpose of protecting the sovereign rights 
of the United States. Tiie greater or loss sub- 
version of civil authority in the region to which 
it applied, and the impracticability of at once 
restoring that in due efTi'nency, may, for a season, 
make it advisable to employ the army and navy 
of the United States towards carrying the laws 
into effect, wherever such employment may be 
necessary. 

In testimony whereof, I have hereunto set my 



hand and caused the seal of the United States to 
be athxed. 

Done at the city of Washington tl)is twenty- 
third day of June, in the year of our 
r 1 Lord one thousand eight hundred and 
^ ' ■■' sixty-five, and of the Independence of 
the United States the eighty-ninth. 

Andrew Johnson. 
By the President: 

W. Hunter, Acting Secretary of State. 

Further Removal of Restrictions. August 29, 
1865. 

Whereas by my proclamations of the thir- 
teentli and twenty-fourth of June, one thousand 
eight hundred and sixty-five, removing restric- 
tions, in part, upon internal, domestic, and coast- 
wise intercourse and trade with those States 
recently declared in insurrection, certain articles 
were excepted from the effect of said proclama- 
tions as contraband of war; and whereas the 
necessity for restricting trade in said articles has 
now, in a great measure, ceased : It is hereby 
ordered, that on and after the 1st day of Sep- 
tember, 1865, all restrictions aforesaid be re- 
moved, so that the articles declared by the said 
proclamations to be contraband of war may be 
imported into and sold in said States, subject 
only to such regulations as the Secretary of th« 
Treasury may prescribe. 

In testimony whereof, I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington this twenty- 
ninth day of August, in the year of our 
r ■. Lord one thousand eight hundred and 
'■ ■ ■-' sixty-five, and of the Independence of the 
United States of America the ninetieth. 
Andrew Johnson. 
By the President : 

William H. Seward, Secretary of State. 



Passports for Paroled Prisoners. 

Department of State, 
Washington, August 25, 1865. 

Paroled prisoners asking passports as citizens 
of the United States, and against whom no spe- 
cial charges may be pending, will be furnished 
with passports upon application therefor to the 
Department of State in the usual form. Such 
passports will, however, be issued upon the con- 
dition that the applicants do not return to the 
United States without leave of the President. 
Other persons implicated in the rebellion, who 
may wish to go abroad, will apply to the De- 
partment of State for passports, and the appli- 
cations will be disposed of according to the 
merits of the several cases. 

By the President of the United States. 

William II. Sewaed. 

Paroling certain State Prisoners. 

Exect"^ive Office, 
Washingtoe, October 11, 1865 
Whereas the following named persons, to wit: 
John A. Campbell, of Alabama; John 11. Rea- 
gan, of Texas ; Alexander H. Stephens, of 
Georgia; George A. Trenholm, of South Caro- 
lina ; and Charles Clark, of Mississippi, lately 



ORDERS AND PROCLAMATIONS. 



15 



engaged in rebellion against the United States 
Government, who are now in close custody, have 
made their submission to the authority of the 
United States and applied to the President for 
pardon under his proclamation ; and whereas, 
the authority of the Federal Government is suf- 
ficiently restored in the aforesaid States to admit 
of the enlargement of said persons from close 
custody, it is ordered that they be released on 
giving their respective paroles to appear at such 
time and place as the President may designate, 
to answer any charge that he may direct to be 
preferred against them ; and also that they will 
respectively abide until further orders in the 
places herein designated, and not depart there- 
from : John A. Campbell, in the State of Ala- 
bama; John H. Reagan, in the State of Texas ; 
Alexander H. Stephens, in the State of Georgia; 
George A. Trenholm, in the State of South Caro- 
lina ; and Charles Clark, in the State of Missis- 
Bippi. And if the President should grant his 
pardon to any of said persons, such person's 
parole will be thereby discharged. 

Andbew Johnson, 

President. 

Martial Law Withdrawn from Kentucky, Octo- 
ber 12, 1865. 

Whereas by a proclamation of the fifth day of 
July, one thousand eight hundred and sixty- 
four, the President of the United States, when 
the civil war was flagrant, and when combina- 
tions were in progress in Kentucky for the pur- 
pose of inciting insurgent raids into that State, 
directed tliat the proclamation suspending the 
writ of habeas corpus should be made effectual 
in Kentucky, and that martial law should be es- 
tablished there and continue until said procla- 
mation should be revoked or modified; 

And whereas since then the danger of insurgent 
raids into Kentucky has substantially passed 
away : 

Now, therefore, be it known that I, Andrew 
Johnson, President of the United States, by vir- 
tue of the authority vested in me by the Consti- 
tution, do hereby declare that the said procla- 
mation of the fifth day of July, one thousand 
eight hundred and sixly-four, shall be, and is 
hereby, modified in so far that martial law stiall 
be no longer in force in Kentucky from and after 
the date hereof. 

In testimony whereof, I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington this twelfth 
day of October, in the year of our Lord 
r 1 one thousand eight hundred and sisty- 
'• ■ '-I five, and of the Independence of the 
United States of America the ninetieth. 
Andrew Johnson. 
By the President: 

W. Hunter, Acting Secretary of Slate. 

Annulling the Suspension of the Habeas Corpus, 
December 1, 1865 

Whereas by the proclamation of the President 
of the United States of the fifteenth day of Sep- 
tember, one thousand eight hundred and sixty- 
three, the privilege of the writ of habeas corpus 
•was, in certain cases therein set fortk, suspended 
throughout the United States; 



And whereas the reasons for that suspension 
may be regarded as having ceased in some of tho 
States and Territories : 

Now, therefore, be it known that I, Andrew 
Johnson, President of the United States, do here- 
by proclaim and declare that tlie suspension 
aforesaid, and all other proclamations and orders 
suspending the privilege of the writ of habeas 
corpus in the States and Territories of the United 
States, are revoked and annulled excepting as to 
the States of Virginia, Kentucky, Tennessee, 
North Carolina, South Carolina, Georgia, Florida, 
Alabama, Mississippi, Louisiana, Arkansas, and 
Texas, the District of Columbia, and the Territo- 
ries of New Mexico and Arizona. 

In witness whereof, I have hereunto set my 

hand and caused the seal of the United States to 

be affixed. 

Done at the city of Washington this first day 

of December, in the year of our Lord ono 

r 1 thousand eight hundred and sixty-five, 

^ ' ■J and of the Independence of the United 

States of America the ninetieth. 

Andrew Johnson. 
By the President: 

William H. Seward, Secretary of State. 

Announcing that the Rebellion has ended, April 
2,1866. 

Whereas, by proclamations of the fifteenth and 
nineteenth of April, one thousand eight hundred 
and sixty-one, the President of the United States, 
in virtue of the power vested in him by the Con- 
stitution and the laws, declared that the laws of 
the United States were opposed, and the execu- 
tion thereof obstructed in the States of South 
Carolina, Georgia, Alabama, Florida, Mississippi, 
Louisiana, and Texas, by combinations too power- 
ful to be suppressed by the ordinary course of 
judicial proceedings, or by the powers vested in 
the marshals by law ; 

And whereas, by another proclamation made 
on the sixteenth day of August, in the same 
year, in pursuance of an act of Congress approved 
July thirteenth, one thousand -eight hundred and 
sixty-one, the inhabitants of the States of Georgia, 
South Carolina, Virginia, North Carolina, Ten- 
nessee, Alabama, Louisiana, Texas, Arkansas, 
Mississippi, and Florida (except the inhabitants 
of that part of the State of Virginia lying west of 
the Alleghany mountains, and to such other parts 
of that State and the other States before named, as 
might maintain a loyal adhesion to the Union 
and the Constitution, or might be from time to 
time occupied and controlled by forces of the 
United States engaged in the dispersion of insur- 
gents) were declared to be in a state of insurrec- 
tion against the United States ; 

And whereas, by another proclamation of the 
first day of July, one thousand eight hundred and 
sixty-two, issued in pursuance of an act of Con- 
gress approved June 7, in the same year, the in- 
surrection was declared to be still existing in tho 
States aforesaid, with the exception of certain 
specified counties in the State of Virginia ; 

And whereas, by another proclamation niade 
on the second day of April, one thousand eight 
hundred and sixty-three, in pursuance of the act 
of Congress of July 13, one thousand eight hun- 
dred and sixty-one, the exceptions named in the 



16 



POLITICAL MANUAL. 



Eroclamation of Augn?t 16, one thousand eight 
undred and sixt3'-one were revoked, and the in- 
habitants of the States of Georgia, South Carolina, 
North Carolina, Tennessee, Alabama, Louisiana, 
Texas, Arkansas, Mississippi, Florida, and Vir- 
ginia, (except the forty-eigut counties of Virginia 
designated as West Virginia, and the ports of New 
Orleans, Key West, Port Royal, and Beaufort, 
in South Carolina,) were declared to be still in a 
state of insurrection against the United States. 

And whereas the House of Representatives, 
on the 22d day of July, one thousand eight hun- 
dred and sixty-one, adopted a resolution in the 
words following, namely : 

" Resolved by the House of Representatives of 
the Congress of the United States, That the pres- 
ent deplorable civil war has been forced upon 
the country by the disunionists of the southern 
States, now in revolt against the constitutional 
Government, and in arms around the capital ; 
that in this national emergency Congress, ban- 
ishing all feelings of mere passion or resentment, 
will recollect only its duty to the whole country; 
that this war is not waged on our part in any 
spirit of oppression, nor for any purpose of con- 
quest or subjugation, nor purpose of overthrow- 
ing or interfering with the rights or established 
institutions of those States ; but to defend and 
maintain the supremacy of the Constitution and to 
preserve the Union with all the dignity, equality, 
and rights of the several States unimpaired ; 
that as soon as these objects are accomplished, 
the war ought to cease." 

And whereas the Senate of the United States, 
on the 25th day of July, one thousand eight 
hundred and sixty-one, adopted a resolution in 
the words following, to wit : 

" Resolved, That the present deplorable civil 
war has been forced upon the country by the 
disunionists of the southern States, now in re- 
volt against the constitutional Government, and 
in arms around the capital ; that in this national 
emergency Congress, banishing all feeling of 
mere passion or resentment, will recollect only 
its duty to the whole country; that this war is 
not prosecuted on our part in any spirit of op- 
pression nor for any purpose of conquest or sub- 
jugation, nor purpose of overthrowing or inter- 
fering with the rights or established institutions 
of those States, but to defend and maintain the 
supremacy of the Constitution and all laws made 
in pursuance thereof, and to preserve the Union 
with all the dignity, equality, and rights of the 
several States unimpaired; that as soon as these 
objects are accomplished, the war ought to 
cease." f 

And whereas these resolutions, though not 
joint or concurrent in form, are substantially 
identical, and as such may be regarded as having 
expressed the sense of Congress upon the subject 
to which they relate ; 

And whereas, by my proclamation of the thir- 
teenth day of June last, the insurrection in the 
State of Tennessee was declared to have been 
eupprcBsed, the authority of the United States 
therein to be undisputed, and such United States 
officers as had been duly commissioned to bo in 
the undisputed exerciso of their olncial functions; 
And whereas there now exists no organized 
armed resistance of misguided citizens or others 



to the authority of the United States in the 
States of Georgia, South Carolina, Virginia, 
North Carolina, Tennessee, Alabama, Louisiana, 
Arkansas, Mississippi, and Florida, and the laws 
can be sustained and enforced therein by the 
proper civil authority, State or Federal, and the 
people of the said States are well and lo3'ally 
disposed, and have conformed or will conform in 
their legislation to the condition of affairs grow- 
ing out of the amendment to the Constitution of 
the United States, prohibiting slavery within 
the limits and jurisdiction of the United States: 

And whereas, in view of the before recited 
premises, it is the manifest determination of the 
American people that no State, of its own will, 
has the rightor the power to go out of, or separate 
itself from, or be separated from the American 
Union, and that therefore each State ought to 
remain and constitute an integral part of the 
United States ; 

And whereas the people of the several before- 
mentioned States have, in the manner aforesaid, 
given satisfactory evidence that they acquiesce 
in this sovereign and important resolution of 
national unity ; 

And whereas it is believed to be a fundamental 
principle of government that people who have 
revolted, and who have been overcome and sub- 
dued, must either be dealt with so as to induce 
them voluntarily to become friends, or else they 
must be held by absolute military power, or de- 
vastated, so as to prevent them from ever again 
doing harm as enemies, which last-named policy 
is abhorrent to humanity and freedom ; 

And whereas the Constitution of the United 
States provides for constituent communities only 
as States and not as Territories, dependencies, 
provinces, or protectorates ; 

And whereas such constituent States must ne- 
cessarily be and by the Constitution and laws of 
the United States are made equals and placed 
upon a like footing as to political rights, immu- 
nities, dignity, and power, with the several 
States with which they are united ; 

And whereas the observance of political equal- 
ity as a principle of right and justice is well cal- 
culated to encourage the people of the aforesaid 
Siates to bo and become more and more constant 
and persevering in their renewed allegiance ; 

And wliereas standing armies, military occu- 
pation, martial law, military tribunals, and the 
suspension of the privilege of the writ of JiaJyeas 
corpus are, in time of peace, dangerous to public 
liberty, incompatible with the individual rights 
of the citizen, contrary to the genius and spirit 
of our free institutions, and exhaustive of the 
national resources, and ought not, therefore, to 
be sanctioned or allowed, except in cases of actual 
necessity, for repelling invasion or suppressing 
insurrection or rebellion ; 

And whereas the policy of the Government of 
the United Slates, from the beginning of the in- 
surrection to its overthrow and iinal suppression, 
lias been in conformity with the principles here- 
in set forth and enumerated : 

Now, therefore, I, Andrew Johnson, Presi- 
dent of the United States, do hereby proclaim 
and declare that the insurrection which hereto- 
fore existed in the States of Georgia, South 
Carolina, Virginia, North Carolina, Tennessee, 



ORDERS AND PROCLAMATIONS. 



17 



Alabama, Louisiana, Arkansas, Mississippi and 
Florida is at an end, and is hencefortii to be so 
Tep;ardeil,* 

in testimony whereof, I have hereunto set my 
hand, and caused the seal of the United States 
to be afiixed. 

Done at the city of "Washington, the second 

day of April, in the year of our Lord 

J- 1 one thousand eight hundred and sixty- 

' ■-' six, and of the Independence of the 

United States of Ame:ica the ninetieth. 

Andeew Johkson. 

By the President : 

Wm. H. Seward, Secretary of State, 

Order in Relation to Appointments to Office. 

Executive Massio^, April 7, 1866. 

It is eminently right and proper that the 
Covernment of the United States should give 
earnest and substantial evidence of its just ap- 
'preciation of the services of the patriotic men 
who, when the life of the nation was imperiled, 
entered the army and navy to preserve the 
integrity of the Union, defend the Government, 
and maintain and perpetuate unimpaired its 
free institutions. It is therefore directed : 

First. That in appointments to office in the 
several executive departments of the General 
Government and the various branches of the 
public service connected with said departments, 
preference shall be given to such meritorious and 
honorably discharged soldiers and sailors, par- 
ticularly those who have been disabled by 
wounds received or diseases contracted in the 
line of duty, as may possess the proper qualifi- 
cations. 

Second. That in all promotions in said depart- 
ments and the several branches of the public 
service connected therewith, such persons shall 
have preference, when equally eligible and 



* The following official tclegi-aphic correspondence sliowa 
tlie scope of the proclumatiou, in tbe opinion of the Presi- 
dent: 

Augusta, Oa,, April 7, 1S66. 
JIaj. Gen. 0. 0. IIoward: 

l),ie-i the President's iccont proclamation remove martial 
law ill tliis State? If so. Gen. Brannan does not f'll au- 
tlKnized to arrest parties who have committed outragts on 
freed people or Union refusees. Please answer by telegraph. 

I>AVIS 'i'lLLSO.V, 

Srig. Gen. of Vols. 
[Answer.] 

Abjotajjt General's Office. War Bepaetment, 
Washington, Jpril 17, 1866. 
The President's proclamation does not remove martial 
law, or operate in any way upon the Freedraeii'.s Bureau in 
the exercise of its hgitimate jurisdiction. It is not expe- 
dient, hiiwi'-ver, to resort to military tribunal in any case 
where justice can be attained through the medium of civil 
ftiithority. E. D. ToWnsend, A. A. G. 

TO GOVERNOR WORTH, OF NORTH CAROLINA. 

AVashington, D. C, April 27. 1S06. 
To Gov. Worth: I am directed by the Pre-^ident to inform 
ynu that by his jiroclamation of Ai)ril 2. ISCO, it was not 
intended to interfere with military commissions at that 
time or previously organized, or trials then pending before 
such commissions, tinless by special instructions the accused 
•were to be turned overthecivil authorities. General Ruger 
has been instructed to proceed with the trial to which you 
refer; but tiefcre the execution of any sentence rendered by 
6:ii(I commission, to report all the proceedinss to the War 
Department for examination and revision. There has been 
an order tliis day prepared, and Avliich will soon be issued, 
which will relieve and settle all embarrassment growing 
O-.it of a misconstruction of the procl-imatioM, of which I 
•*ill send you a copy. Edmund Coopck, 

Acting P)-ivate Secretary to the P)tsidatt. 

2 



qaalified, over tliose who have nat faithfully 
and honorably served in the land and nav;J 
forces of the United States. 

Akdhew JonNso:^. 

Order In Relation to Trials by Military Courts 
and Commissions. 

War Department, 
Adjutant General's Office, 
Washington, Ifaij 1, 1866. 
Oeneral Orders JVo. 26 : 

Whereas some military commanders are em- 
barrassed by doubts as to the operation of tho 
proclamation of the President, dated the 2d day 
of April, 1866, upon trials by military courts- 
martial and military offenses, to remove such 
doubts, it is ordered by the Pre«iident that — 

Hereafter, whenever offenses committed by 
civilians are to be tried where civil tribunals are 
in existence which can try them, their cases are 
not authorized to be, and will not be, brought 
before military courts-martial or commissions, 
but will be committed to the propei ciyil author- 
ities. This order is not applicable to camp fol- 
lowers, as provided for under the 60th Article of 
War, or to contractors and others specified in 
section 16, act of July 17, 1862, and sections 1 
and 2, act of March 2, 1863. Persons and of- 
fenses cognizable by the Pv.ules and Articles of 
War, and by the acts of Congress above cited, 
will continue to be tried and punished by mili- 
tary tribunals as prescribed by the rv,ule3 and 
Articles of War and acts of Congress, herein- 
after cited, to wit : 

Sixtieth of the Hides and Articles of War. All 
sutlers and retainers to the camp, and all per- 
sons whatsoever serving with the armies of the 
United States in the field, though not enlisted 
soldiers, are to be subject to orders according to 
the rules and discipline of war. ■«• * * 

By order of the Secretary of War : 

E. I). TuWNSEND, 

Assista)it Adjutant General. 

Against the Fenian Invasion of Canada, Juno 
6, 1366. 

Whereas it has become known to me that cer- 
tain evil-disposed persons have, within the ter- 
ritory and jurisdiction of the United States, 
begun and set on foot, and have provided and 
prepared, and are still engaged in providing and 
preparing, means for a military expedition and 
enterprise, which expedition and enterprise is to 
be carried on from the territory and jurisdiction 
cf the United States against colonies, districts, 
and people of British North America, within the 
dominions of the United Kingdom of Great 
Britain and Ireland, with which said colonies, 
districts, and people, and kingdom the United 
States are at peace ; 

And whereas the proceedings aforesaid consti- 
tute a high mi.-idemeanor, forijidden by the laws 
of the United States, as well as by the law of 
nations: 

Now, therefore, for the purpose of preventing 
the carrying on of the unlawful expedition 
and enterprise aforesaid, from the territory and 
jurisdiction of the United States, and to main- 
tain the public peace, as well as the national 
honor, and enforce obedience and resji^ct to the 



18 



POLITICAL MANUAL- 



liiws of the Unitcfl States, T, Andrew Johnson, 
President of the United States, do admonish and 
T\'aru all good citizens of the United States 
aaainst taking part in or in any wise aiding, 
countenancing, or ahetting said unlawful pro- 
ceedings, and I do exhort all judges, magistrates, 
marshals, and officers in theservice of the United 
States, to emplo}' all their awi'ul authority and 
power to prevent and defeat the aforesaid un- 
lawful proceedings, and to arrest and brin» to 
justice all persons who may be engaged therein * 
And, pursuant to the act of Congress in such 
case made and provided, I do furthermore aa- 
tliorize and empower ]).Iaj or General George G. 
Meade, commander of the Militan- Division of 
the Atlantic, to employ the land and naval 
forces of the United States and the militia 
thereof, to arrest and prevent the setting on 
foot and carrying on the expedition and enter- 
prise aforesaid. 



In testimony whereof, I htirehereunto ?Ki. my 
hand, and caused the seal of the United Statra 
to be atiixed. 

Done at the city r>f Washingtons the sixth day 
of June, in the year of our Lonl onv 
[SEAI>,] thousand eight hundre^i and sixty- 
six, and of the Independence of thf 
United States the ninetieth. 

Andrew Jobnsois. 
By ths' President: 

William H. SirwAEi>, Secretary &/ State. 

* Circuletr to tht Pistrict Altnmeys and Slarslials of the 
Vnitul .Statea. 
ATT0K3ET GErrenAi-'s Otftce, Vt.KsmyoToy, I>. C, Jnr.» 
5. 1S6G. — V,y «Tirectioii of tlie Presiilent yon are Jten-liy in-- 
'-trTfcted to cause the arrest of ji 11 prfimineiit, leailinL'. OJ 
conspicnons persons calletJ Fenians, wljon* vou im;iy ha7» 
probalile cause to believe have been or nisiy be giiilty oJ 
vioUiticvn!' of tlie oeiitraUty laws of the Uniteil States. 

jAjBEg SpKEn, 

Mtiorrtit^ Gtneral. 



III. 



ACTION OF THE CONVENTIONS AND LEGISLATURES OF 
THE LATELY INSURRECTIONARY STATES. 



KORTH CAROLINA. 

18G5, April 27— Gen, Schofield announced the 
cessation of hostilities within that State. 

April 2-S- — Gen. Scholield issued an order that, 
onder tlie emancipation proclamation, all per- 
sons heretofore heid as slaves are now free, and 
that it is the doty of the array to laaiDtain their 
freedom. 

May 29 — William W, Ilolden appointed Pro- 
visional Governor, 

June 12 — Provisional Goa'crnor Holden issued 
hi.s proclamation announcing his purpose to or- 
der at election for a convention, and to appoint 
justices of the peace to administer the oath of 
allegiance and condoct the election, &c. 

July — President Johnson ordered the cot- 
tion of the State to be restored to her, and the 
proceeds of all that had been sold to be paid to 
her agents. 

Augusts — Provisional Gcn'emor Ilolden fixed 
Thurs^laj', September 21, for the election of a 
convention. 

Voters' qualifications are thus prescribed: 

"No person will be allowed to vote whois not 
& voter qualified as prescribed by the constitu- 
tion and laws of the State in force immediately 
before the 20th day of May, 1801, except tha't 
the payment of poll tax shall not be required. 

" All paroled ifoldiers of the arrny and navy of 
.iie pretended Confederate States, or of this State, 
and all paroled officers of the army and navy of 
the pretended Confederate States, or of this State, 
Tinder and including the rank of colonel, if of the 
army, and under and including tlie rank of lieu- 
ienaat, if of the na,yy, will be allowed to vote, pro- 



vided they are not iEclBded in any of thefomrteen 
excluded classes of the President's amnesty pro- 
cln;mation ; and, provided further, that they arc 
citizens of the State in accordanee with tbs terroc 
prescribed in the preceding par.'sgraph. 

" No person will be allowed to vote who does. 
not exhibit to the inspectors a copy of the an> 
nesty oath, as contained in the President's pro^ 
claraation of May 29, ISGS', signed by himseJi 
and certified by at least two justices of the peace.' 

The convention to meet October 2. 

September 20 — The colored people o'f the State 
met in convention in Paleigh, and petitioned for 
legislation to secure com'pensation for labor, an'^ 
eiiable them to educate titeir children, and ask- 
ing protection for the family relation, and for 
the repeal of oppressive laws making unjttst dis- 
criminations on account of race or color. 

October 2 — Convention met. 

October 7 — The secessiiOn ordinance declarefj 
" null and void." 

October 9 — An ordinancs pasced, declaring 
slavery forever jirohibited within th.c State. 

October 10 — Ordinance .patsed, providing for 
an election for Governor, members of the Legis- 
lature, and seven members of Congress November 
9, the Provisional Governor to give the certifi- 
cates. Each member cf the Legislature, and 
each voter to be qualified " according to the now 
existing constitution of t'.ie State ' : Provided, 
That no one shall be di^ible to a seat, or be c?.- 
pable of voting, who, being free in all respects, 
sliall not, before May/IO, 1«G5, have taken Presi- 
dent Lincoln's amn'-s'.}- oath, or have taken Presi- 
dent Johnsoa's oaik, aud .vho shall not ia 



CONVENTION? AND LEUISLATURES. 



in 



cither case be of the excepted classes. All per- 
sons who have preferred petitions for pardon 
shall be deemed to have been pardoned if the fact 
of being pardoned shall be announced by the 
Governor, although the pardon may not have 
been received. The payment of a public tax 
Dhall not be required as a qualification of the 
voter in the elections in November next. 

October 12 — Convention tabled a proposition 
to prohibit the payment of the war debt created 
by the State in aid of the rebellion. 

October 16 — Ordinance passed, dividing the 
State into seven congressional districts. 

October 17 — Resolution adopted, requesting 
Congress to repeal the "test-oath." 

October 18— President Johnson sent this tele- 



gram : 



Executive Office, 
Washingtoit, D. C, October 18, 1865. 



YI. \Y. HoLDEN, Provisional Oovernor: 

Every dollar of the debt created to aid the 
rebellion against the United States should be re- 
pudiated finally and forever. The great mass of 
the people should not be taxed to pay a debt to 
aid m carrying on a rebellion w-hich they in 
fact, if left to themselves, were opposed to. Let 
those who have given their means for the obli- 
gations of the State look to that power they 
tried to establish in violation of law, constitu- 
tion, and will of the people. They must meet 
their fate. It is their misfortune, and cannot be 
recognized by the people of any State professing 
themselves loyal to the government of the Uni- 
ted States and in the Union. I repeat that the 
ioj-al people of North Carolina should be exon- 
erated from the payment of every dollar of in- 
debtedness created to aid in carr3'ing on the 
rebellion. I trust and hope that the people of 
North Carolina will wash their hands of every- 
thing that partakes in the slightest degree of 
the rebellion, which has been so recentlj' crushed 
by the strong arm of the Government in carry- 
ing out the obligations imposed by the Constitu- 
tion of the Union. Andkew Jon>'sox, 

President of the United States. 

October 19 — Ordinance pa?sed, that no officer 
of this State who may have taken an oath of 
office to support the constitution of the Confed- 
erate States, shall be capable of holding under 
the State any office of trust or profit wnich he 
iield when he took such oath, until he may be 
appointed or re-elected to the same ; and all the 
offices lately held by such persons are hereby 
declared vacant. 

October 19 — Convention — yeas 84, nays 12 — 
passed an ordinance prohibiting the assumption 
of the State debt created in aid of the rebellion. 
An amendment to refer this question to a vote 
of the people, lost. ^ 

November 9 — Election of State officers and 
Representatives in Congress. Same day, ordi- 
nances repealing secession ordinance and anti- 
slavery ordinance, submitted to popular vote, 
and approved. 

November 13 — Legislature met. 

December 1 — The Legislature ratified, with 
six dissenting voices, the anti-slavery amend- 
ment. 

December 9 — Jonathan Worth declared elected 



Governor, by a vote of 32,529 to 25,309 for 
Prov. Gov. Holden. 

December 15 — Governor Worth qualified. 

1866, May 24 — The Convention re-assembled. 
A motion to adjourn sine die was tabled, 61 to 30. 

MISSISSIPPI. 

1865, May 10 — Governor Clark called an extr-i 
session of the Legislature for the 18th, to order 
a State Convention. 

May 21 — Major General Canby telegraphed 
as follows to Major General Warren, command- 
ing the department: "By direction of the Presi- 
dent, you will not recognize any officer of the 
Confederate or State government, within tho 
limits of your command, as authorized to exe* 
cise in any manner whatever the function? :jf 
their late offices. You will prevent, by force if 
necessary, any attempt of any of the legislatures 
of the States in insurrection to assemble for 
legislative purposes, and will imprison any mem- 
bers or other persons who may attempt to exer- 
cise these functions in opposition to your orders." 

June 13 — William L. Sharkey appointed Pro- 
visional Governor. 

July 1 — Prov. Gov. Sharkey issued a procla- 
mation appointing local officers, and fixing an 
election for a Convention — August 7th — voters 
to have these qualifications : 

" Voters for delegates to this convention must 
possess the qualifications required by the consti- 
tution and laws as they existed prior to the 9th 
day of January, 1861, and must also produce a 
certificate that they have taken, before a com- 
petent officer, the amnesty oath prescribed by 
the proclamation of the 29ch of May, 1865, which 
certificate shall be attached to or accompanied 
by a copy of the oath, and no one will be eligi- 
ble as a member of this convention who has not 
also taken this oath." 

August 14 — Convention met. 

August 15— President Johnson sent this tele- 
gram : 

Executive Office, 
WASnixGTOiT, D. C, August 15, 1865. 
Governor W. L. Shakket, Jackson, Miss. : 

I am gratified to see that you have organized 
your Convention without difficulty. I hope that 
without delay your Convention will amend your 
State constitution, abolishing slavery and deny- 
ing to all future legislatures the power to legis- 
late that there is property in man ; also that they 
will adopt the amendment to the Constitution of 
the United States abolishing slavery. If you 
could extend the elective franchise to all persons 
of color who can read the Constitution of the 
United States in English and write their names, 
and to all persons of color who own real estate 
valued at not less than two hundred and fifcy 
dollars, and pay taxes thereon, you would com- 
pletely disarm the adversary and set an exjimple 
the other States will follow. This you can do 
with perfect safety, and you thus place ths 
southern States, in reference to free persons of 
color, upon the same basis with the free States. 
I hope and trust your convention will do this. 
and, as a consequence, the radicals, who are wild 
upon negro franchise, will be completely foiled 
in their attempt to keep the eouthern Stat«« 



20 



POLITICAL MANUAL. 



from rene\vin£; their relations to the Union hy 
not accepting t!ieir senators and representatives.* 
Andrew Jcii\s:on, President of the U. S. 

August 21 — Orcinanoe passed that " the insti- 
tution of shivery having oeen destroyed in the 
State of Mississippi," rieithor slavery nor invol- 
untary servitude, &c., shall hereafter exist in the 
State. 

August 21 — An election ordered for first Mon- 
day in October for State and county officers, and 
Representatives in Congress in the several con- 

E;ressional districts as they were fixed by the 
egislature in 1857. 

August 22 — Secession ordinance declared null 
and void. 

October 7 — The colored citizens of Mississippi 
met in convention, and protested against the re- 
actionary policy prevailing, and expressing the 
fear that the Legislature will pass such prescrip- 
tive laws as will drive the freedmen from the 
State, or practically re- enslave them. 

October IG — Legislature met. 

October 17 — Benjamiu G. Humphreys inaugu- 
rated Governor. 

November 20 — Governor Humphreys sent a 
message recommending that negroes be permitted 
to sue and be sued, ancl give testimon}-, and that 
the freednien be en-couraged to engage in pur- 
suits of industry, and that a militia bill be 
passed, " to protect our people against insurrec- 
tion, or any possible combination of vicious 
white men and negroes." 

Kovember 24— -Bill passed "reserving twenty 
per cent, of the revenue of the State as a fund 
for the relief of destitute disabled Confederate 
and State soldiers, and their widows, and for the 
support and education of indigent children of 
deceased or disabled Confederate or State sol- 
diers, to be distributed annually," &c. 

November 27 — The joint committee reported 
against ratifying the anti-slavery amendment, 
'jr reasons given ; and the Legislature adopted 
it. 

November 29 — The Legislature adopted a 
memorial to the Congress of the United States, 
asking for the repeal of the " test oath." No- 
vember 22, one for the pardon of Jacob Thomp- 
son. November 8, one for the pardon of Jeffer- 
son Davis. 

December 1 — The name of Jones county 
changed to Davis. 

December 5 — Bill passed, taxing each male 
inhabitant of the Slate, between 21 and GO, §1, 
and authorizing any person having in his or her 
employ any one subject to the tax, to pay it and 
charge it tij the person for whom paid. All offi- 
cers and enlisted men who have herei'ore received 

*A« Iifiirin;.; upon this iioiiit, this letter liom the lato 
rresiUfiit Lincoln, ou a simihir occiision, Ims v;ilue: 

K.XIXUTIVE M.vxsiov, 
W.YSin.vGTON, Mui-cli 13, 1S64. 
ITnn MicnArtllvns: 

jMy UK.inSlu: I congrafnl.'ite yon on bavins fixed ynur 
nfimo ill lii.story ns the liist free .'^tiiteUnviMiioror Louisiana. 
Now yon Bi'o about to li:ivo ii ci^nvention, which, iiinonK 
other tliiii;;3, will proh.ihly defui" the olretive frauehiso. 1 
barely sng^est, for your private consideration, whether 
•omo of the colored people may not lie let in, as, for iostance, 
the veiy intelligent, and etpecially tlio-<o who liavi- foii.;;ht 
gallantly in our rank8. They would probably help, in some 
trying time to come, to keep the jewel of lilierty iii the 
family of frecdorn. Unt tlii.< U only a suggestion, not to 
tho public, but to you ulone. 

Truly yours, A. Lincoln. 



pensions, and have forfeited the same by taking 
a part in the late war against the United States, 
shall be exempt from poll tax. 

GEORGIA. 

1865, May 3 — Gov. Joseph E. Brown issued fi 
proclamation calling an extra meeting of the 
Legislature for 22d. 

May 11 — ^laj. Gen. Gillmore issued an order 
annulling this proclamation, and directing the 
persons interested not to heed it. 

June 17 — James Johnson appointed Pro- 
visional Governor. 

July 13 — Prov. Gov. Johnson issued a proc- 
lamation fixing the first Wednesday in October 
for an election for delegates to a Convention — 
these to be the qualifications of voters : 

" That no person at such election shall be 
qualified as an elector, or shall be eligible as a 
member of such convention, unless ho shall have 
previously thereto taken and subscribed to the 
oath of amnesty, as set forth in the President's 
proclamation of May 29, A. D. 1865, and is a 
voter qualified as prescribed by the constitution 
and laws of the State of Georgia, in force imme- 
diately before the 19th of January, A. D. 186], 
the date of the so-called ordinance of secession." 

October 7 — Names of members elect requiring 
pardons sent to tho President, and pardons re- 
turned, as in each of the other States. 

October 25 — Convention met. 

■October 30 — Secession ordinance repealed ; or- 
dinance passed dividing the State into seven con- 
gressional districts. 

November 4 — Slavery declared abolished, " the 
Government of the United States having, as a 
war measure, proclaimed all slaves held or owned 
in this State emancipated from slavery, and 
having carried that proclamation into full prac- 
tical etfect." "Provided, That acquiescence in the 
action of the Government of the United States 
is not intended to operate as a relinquishment, 
or waiver, or estoppel, of such claim for compen- 
sation of loss sustained by reason of the eman- 
cipation of his slaves, as any citizen of Georgia 
may liereafter make upon the justice and mag- 
nanimity of that Government." 

November 8 — The State debt of Georgia, 
incurred in aid of the rebellion, declared null 
and void — yeas 133, nays 117. Pending this 
proposition these telegrams were sent : 

MiLLEDGEViLLE, Ga., Octohtr 27, 1865. 
Ilis Excellency Andrew Johnson, 

President of the United States : 

"We need some aid to repeal the war debt. 
Send me word on the subject. What should the 
Convention do? J. Johnson, 

Provisional Governor of Georgia. 

Executive Office, 
W-'isniNGTON, D. C, October 28, 1865. 
James Johnson, Provisional Governor : 

Your despatch has been received. Thopeoplo 
of Georgia •■should not hesitate one single moment 
in repudiating every singledoUar of debt created 
for the purpose of aiding tiie rebellion against 
the Government of the United States. It will 
not do to levy and collect taxes from a State and 
people that are loyal and in the Union, to pay 
a debt that was created to aid in an effort to take 



CONVENTIONS AND LEGISLATURES. 



•21 



ihem ont, and thereby subvert the Constitution 
of the United States. I do not believe the great 
mass of the people of the State of Georgia, when 
left uninfluenced, will ever submit to the pay- 
ment of a debt which was the main cause of 
bringing on their past and present suffering, the 
result of the rebellion. Those who vested their 
capital ia the creation of this debt must meet 
their fate, and take it as one of the inevitable 
results of the rebellion, though it may seem hard 
to them. It should at once be made known at 
home and abroad, that no debt contracted for 
the purpose of dissolving the Union of the States 
can or ever will be paid by taxes levied on the 
people for such purpose. 

Andrew JonNsoN, 
President of the United States. 

Hon. W. H. Seward : 

We are pressed on the war debt. What should 
the Convention do ? J. Johnfon, 

Provisional Governor of Georgia. 

MiLLEDGEViLLE, October 27, 1865. 

His Excellency James Johnsoit, 

Provisional Governor of Georgia : 

Your several telegrams have been received. 
The President of the United States cannot recog- 
nize the people of any State as having resumed 
the relations of loyalty to the Union that admits 
as legal, obligations contracted or debts created 
in their name, to promote the war of the rebel- 
lion. William H. Seward. 
■ Washington, October 28, 1865. 

November 8 — Convention adjourned. 

November 15 — Election held for State officers 
and Representatives in Congress. 

December 4 — Legislature met. 

December 5 — Legislature ratified the anti-sla- 
verv amendment. 

1866, January — A convention of colored per- 
sons at Augusta advocated a proposition to give 
those who could write and read well, and. pos- 
sessed a certain property qualification, the right 
of suffrage. 

MarciriO — Bill passed legislature, authorizing 
an extra tax, the amount to be fixed by the grand 
juries, but not to exceed two per cent, upon the 
State tax, for the benefit of indigent soldiers, and 
the indigent families of deceased soldiers of the 
Confederate and State troops. Artificial arms 
and legs to be furnished disabled soldiers. 

ALABAMA. 

1865, June 21 — Lewis E. Parsons appointed 
Provisional Governor. 

July 20 — Provisional Governor Parsons issued 
a proclamation, fixing August 31 for an election 
for a Convention, under these restrictions : " But 
no person can vote in said election, or be a can- 
didate for election, who is not a legal voter as 
the law was on that day; and if he is excep- 
ted from the benefit of annesty, under the 
President's proclamation of the 29th May, 1865, 
he must have obtained a pardon. 

" Every person must vote in the county of his 
residence, and, bei'ore he is allowed to do so, must 
take and subscribe the oath of amnesty pre- 
scribed in the President's proclamation of the 
29th of May, 1865, before lome one of the offi- 



cers hereinafter appointed for that purpose in 
the county where he offers to vote; and any 

person ofiering to vote in violation of these rules 
or the laws of Alabama on the Uth of January, 
1861, will be punished. 

September 12 — Convention met. 
September 18 — Election for State officers fixed 
for first Monday in November — the Provisional 
Governor authorized to order an election for Rep- 
resentatives in Congress. 

September 20 — Slavery abolished, " as the in- 
stitution of slavery has been destroyed in the 
State of Alabama." Secession ordinance de- 
clared " null and void." Rebel Slate debt repu 
diated, 60 to 19. 

September 30— Convention adjourned. ' 
November 20 — Legislature met. 
December 2 — Anti-slavery amendment ratified 
in this form : 

1st. Tliat the foregoing amendment to the 
Constitution of the United States be, and the same 
is hereby, ratified, to all intents and purposes, 
as part of the Constitution of the United States. 
2d. That this amendment to the Constitution 
of the United States is adopted by the Legisla- 
ture of Alabama with the understanding that it 
does not confer upon Congress the power to 
legislate upon the political status of freedmen ia 
this State. 

3d. That the governor of the State be, and he 
is hereby, requested to forward to the President 
of the United States an authenticated copy of 
the foregoing preamble and resolutions. 

December"5 — The Presidentsent this response'* 
His Excellency L. E. Parsons, 

Provisional Governor: 
The President congratulates you and the 
country upon the acceptance of the congressional 
amendment of the Constitution of the United 
States by the State of Alabama, which vote, 
being the twenty-seventh, fills up the comple- 
ment of two-thirds, and gives the amendment 
finishing efi"ect as a part of the organic law of 
the land. WiLLi.'iM II. Seward. 

Washington, December 5, 1865. 
1866, January 8 — The Legislature re-assein 
bled. 

Gov. R. M. Patton vetoed three MP-r, He 
vetoed the bill to regulate contracts with freed- 
men, because no special law is necessai-}-. He 
adds : 

" Information from various parts of the State 
shows that negroes are everywhere making con- 
tracts for the present year upon terms that are 
entirely satisfactory to the employers. They are 
also entering faithfully upon the discharge of 
the obligations contracted. There is every pros- 
pect that the engagement formed will be ob 
served with perfect good faith. I therefor'* 
think that special laws for regulating contracts 
between whites and freedmen would accomplish 
no good, and might result in much harm." 

Governor Patton has also vetoed the bill " td- 
extend the criminal laws of the State, applicable 
to free persons of color, to freedmen, free negroe* 
and mulattoes." He says • 

" The bill proposes to apply to the freedmen a 
system of laws enacted for the government of 
free negroes residing in a community where 
slavery existed. I have carefully examined the 



oo 



POLITICAL MANUAL. 



laws which, xinder this bill, would be applied to 
the freedmen; and I think that a mere recital 
of some of their provisions will show tlie impol- 
icy and injustice of enforcing them upon the ne- 
groes in their now condition." 

Governor Patton lias also vetoed " a bill en- 
titled an act to regulate the relations of master 
and apprentice, as relate to freedmen, free ne- 
groes and mulattoes," because he deems the 
present laws amply sufficient for all purposes of 
apprenticeship, without operating upon a par- 
ticular class of persons. 

The Legislature passed a tax bill, of which 
these are two sections : 

"12. To sell, or expose for sale, for one year, 
at any one place, an_y pictorial or illustrated 
^veekly, or any monthly paper, periodical or 
magazine, published outside the limits of this 
State, and not in a foreign country, and to vend 
the same <n iiie streets, or on boats or railroad 
ca,TS,Jijli, ioliars." 

" I'ii. To keep a news depot for one year, in any 
city, town or village, for the sale of any news- 
paper, periodical or magazine, not including pic- 
torials provided for in the preceding paragraph, 
ten dollars." 

The Legislature passed some joint resolutions 
on the state of the Union, of which this, the fourth, 
is the most important : 

" That Alabama will not voluntarily consent 
to change the adjustment of political power as 
fixed by the Constitution of the United States, 
and to constrain her to do so, in her present 
prostrate and helpless condition, with no voice 
in the councils of the nation, would be an un- 
justiiiable breach of faith ; and that her earnest 
thanks are due to the President for the firm stand 
he has taken against amendments to the Consti- 
tution forced through in the present condition of 
affairs." 

The code became operative June 1st, under a 
proclamation of Governor Patton. 

SOUTH CAEOLINA. 

1865, May 2 — Gov. Magrath issued a procla- 
mation that the confederate stores within the 
State should be turned over to State officers, to 
be distributed among the people. 

May 8 — Gov. Magrath summoned the State 
officers to Columbia to resume their duties. 

May 14 — Maj. Gen. Gillmore issued an order 
annulling the Governor's acts, and notifying the 
persons interested not to heed his proclamations. 

June 30 — Benjamin F. Perry was appointed 
Provisional Governor. 

July 20 — Prov. Gov. Perry issued a proclama- 
tion fixing the first Monday of September for an 
election for a State Convention — the qualifica- 
tions of voters being thus prescribed: 

Every loyal citizen who had taken the amnesty 
oath, and not within the excepted classes in the 
President's proclamation, will be entitled to vote, 
jjrovided he was a legal voter under the consti- 
tution as it stood prior to the secession of South 
Carolina. And all wiio are within the excepted 
classo-! must take the oath and a['ply for a pardon, 
in order to entitle them to vole or become mem- 
bers of the convention. 

September 1.3 — Convention met. 

September 15 — Secession ordinance repealed, 
107 to 3. 



September ly — Slaver}' declared abolished 
"the slaves in South Carolina having been emanci 
pated by the action of the United States authori 
ties." 

September 27 — Election ordered for third 
Wednesday in October, for State officers. Ordi- 
nance passed, creating four congressional dis- 
tricts. 

September 29 — Convention adjourned. 

October 18— James L. Orr elected Governor 

October — Legislature met. 

This telegraphic correspondence occurred : 
Executive Office, 
■Washington, D. C, October 28, 1865. 
B. F. Pekry, Provisional Oovernor: / 

Your last two despatches have been received 
and the pardons suggested have been ordered. 
I hope that your Legislature will have no hesi- 
tancy in adopting the amendment to the Consti- 
tution of the United States abolishing slavery. 
It will set an example which will no doubt be 
followed by the other States, and place South 
Carolina in a most favorable attitude before the 
nation. I trust in God that it will be done. 
Tlie nation and State will then be left free and 
untrammeled to take that course which sound 
policy, wisdom, and humanity may suggest. 
Andeew Johnson, Frcsident. 

Executive Office, 
"Washington, D. C, October 31, 1865. 
B. F. Perry, Provisional Governor : 

There is a deep interest felt as to what course 
the Legislature will take in regard to the adop- 
tion of the amendment to the Constitution of the 
United States abolishing slavery, and the as- 
sumption of the debt created to aid in the rebel- 
lion against the government of the United States. 
If the action of the convention was in good faith, 
why hesitate in making it a part of the Consti- 
tution of the United States? 

I trust in God that restoration of the Union 
will not now be defeated, and all tliat has so far 
been well done thrown away. I still have faith 
that all will come out right j-et. 

This opportunity ought to be understood and 
appreciated by the people of the southern States. 

If I know my own heart and every passion 
which enters it, my earnest desire is to restore 
the blessings of the Union, and tie up and heal 
every bleeding wound which has been caused by 
this fratricidal war. Let us be guided by love 
and wisdom from on high, and Union and peace 
will once more reign throughout tlie land. 

Andrew Johnson. 

Columbia, S. C, November 1, 1865. 
His Excellency Andrew Johnson, 

President United States : 

I will send you to-day the wliole proceedings 
of the State Convention, properly certified, as 
you request. 

Tiie debt contracted by South Carolina during 
the rebellion is very inconsiderable. Her ex- 
penditures for war purposes were paid by the 
confederate government She has assumed 
no debt, or any part of any debt, of that govern- 
ment. Iler whole State debt at this time is only 
about six millions, and that is mostly for rail- 
roads and building new State-house prior to tho 



CONVENTIONS AND LEGISLATURES. 



23 



war, Tlie members wf the Legislature say they 
have received uo official information of the 
amendinc-nt of tlie Federal Constitution abolish- 
ing slavei"}'. They have no objection to adopt- 
ing the first section of the amendment proposed; 
but tltey fear that the socoad section may be 
construed to give Congress power of local legis- 
lation ov«r the negroes, and white men, too, 
after the abolishment of slavery. In good faith 
South Caixslina has abolished slavery, and never 
will wish t<i restore it again. 

The Legislature is passing a code of laws pro- 
viding ample and complete protection for the 
negro. There is a sincere desire to do every- 
thing aecessary to a restoration of the Union, 
and tie up and heal every bleeding wound which 
has been caused by this fiutricidal war. I was 
elected United States Senator by a very flatter- 
ing vote, Tlae other Senator will be elected to- 
aay. B. F. Peebv, 

ProvkioDiai Gov^.rivar. 

Washington, November (?, 18<30. 
His Excellency B. F. Peeuv, Prvv. G«v.: 

Your despatch to the President of November 4 
has been received. He is not entirely satisfied 
with the explanations it <;ontains. He deems 
necessary the passage of adequate ordinances 
declaring that all insurrectionary proceedinfi;? in 
the State were unlawful and void ah initio. 
Neither the Constitution nor laws direct official 
intorraation to the State of amendments to the 
Constitution submitted by Congress. Notices of 
the amendment by Congress abolishing slavery 
were nevertheless given by the Secretary of 
State at the time to the States which were then 
in comB3.unication with this Government. For- 
mal notice will immediately be given to those 
States which were then in insurrection. 

The objection you mention to the last clause 
of the constitutional amendment is regarded as 
querulous and unreasonable, because that clause 
is really restraining in its effect, instead of en- 
larging the powers of Congress. The President 
considers the acceptance of the amendment by 
South Carolina as indispensable to a restoration 
of her relations with the other States of the 
Union. William H. Seward. 

November 1 — Provisional Governor Perry 
eent a laessage communicating these telegrams, 
and recoanmending tlie ratification, and that 
they " place on record the construction which 
had been given to the amendment by the execu- 
tive department of tlie Federal Government." 

November 13 — The Legislature ratified the 
anti-slavery amendment, in this form : 

1. Resolved, <&c.. That the aforesaid proposed 
amendment of the Constitution of the United 
States be, and the same is hereby, accepted, and 
adopted and ratified by this State. 

2. That a certified copy of the foregoing pre- 
amble and resolution be forwarded by his excel- 
Jency the Provisional Governor to the President 
of the United States, and also to the Secretary 
of Stato of tlie United States. 

3. That any attempt by Congress towards le- 
gislating ufioQ the political status of former 
slaves, or their civil relations, would be contrary 
to the Constitution of the United States as it 
now is, or a,s it would be altered by the proposed , 



amendment, in conflict with the policy of the 
President, declared in his amnesty proclamation, 
and with the restoration of tliat iiarmony upon 
which depend the vital interests of the American 
Union. 

Respecting the repudiation of the rebel .Siato 
debt, this telegraphiccorrespondence took place : 

Department of State, 

Washinoton, Kov. 20, 1865. 
His Excellency B. F. I'eeiiy, 

Provisional Governor: 

Your despatch of this date was received at 
half-past 10 o'clock this morning. Tliis freedom 
<^i loyal intercourse between South Carolina and 
her sister States is manifestly much better and 
wiser than separation. The Presiilent and th<) 
whole countiy are gratified that South Carolina 
has accepted the congressional amendment to the 
C/onstitulion altolishing slavery. Upcn retle<'tion 
South Carolina herself would not care to come 
again into tlie councils of the Union incumbered 
and clogged with debts and obligations whic.Ii 
had been assumed in her name in a vain attempt 
to subvert it. The President trusts that she will 
lose no time in making an effective organic dec- 
laration, disavowing all debts and obligatijiin 
created or assumed in her name or behalf in aid 
of cb.e rebellion. The President w.\its further 
events in South Carolina with deep interest. 

Yon will remain in the exercise of your func- 
tions of tjrovisional goveruor until relieved by 
his express directions. Wsi. K. Sewaiid. 

CoLUMEiA, Xnrcniber 27, 1865. 
Hon. W. H. Sewaed : Your telegram of the 
20th instant was not received in due time, owing 
to my absence from Columbia. Tiie Conven- 
tion having been dissolved, it is impracticable 
to enact any organic law in regard to the war 
debt. That debt is very sural!, as the expendi- 
tures of South Carolina were reimbursed by the 
confederate government. The debt is so mixed 
up with the ordinarj'' expenses of the State that 
it cannot be separated. In South Carolina all 
were guilty of aitling tlie rebellion, and no one 
can complain of being taxed to pay the trifling 
debt incurred bj' his own assent in perfect 
good faith. The Convention did ail that the 
President advised to be done, and I thouglit it 
wrong to keep a revolutionary body in exist- 
ence and advised tbeir in;me<iiate dissolution, 
which was done. There is now no power in tha 
Legislature to repudiate the debt if it were pos- 
sible to sepiirate it from the otlier debts of 
the State. Even then it would fall on widows 
and orphans wlio.se estates were invested in it 
for safety. B. F. Peruy, 

Provisional Governor. 

Department of State, 
W.\.sniNGTON, November 30, 18G5 
Sir: I have the honor to acknowledge the 
receipt of your telegram of the 27th instant, im- 
forming me, that as tiie Convention had been 
dissolved, it was impossible to adopt the Presi- 
dent's suggesstion to repudiate the insurgent 
debt, and to inform you that wliile the objec- 
tions which you urge to the adoption of that 
proceeding are of a serious nature, the, Prcsi- 



24 



POLITICAL MANUAL. 



dent cannot refrain from awaitino; with interest 
an official expression upon that subject from the 
Legislature."" 

I have the honor to be, sir, your obedient ser- 
vant, William il. Sewaiid. 

Hi3 Excellency B. F. Pimiry. 

November — Tlie colored State Convention ad- 
dressed a memorial to Congress, asking that 
equal sufTragc be conferred upon ihem in com- 
mon Avith the white men of the State. 

November 22 — Election held for Representa- 
cives in Congress. 

Respecting their admission there was this 
telegraphic correspondence: 

Columbia, S. C, November 27, 1865. 
President Join:so>' : 

Will you please inform mo whether the South 
Carolina members of Congress should be in 
Washington at the org:inization of the House 
Will the Clerk of the House call their names if 
their crodenlials are presented to him? Wiil 
the test oath be required, or will it be refused 
by Congress? H the members are not allowed 
to take their seats they do nc)t wish to 
incur tlie trouble and expense of going on, 
and the mortidcation of being rejected. Do 
give your views and wishes. 

B. F. pEnRY, 
Provisional Governor. 

Executive Office, 
Washington, D. C, November 27, 1865. 
B. F. Perry, Provisional Governor: 

I do not think it necessary for the members 
elect from South Carolina to be present at the 
organization of Congress. On the contrary, it 
will be better policy to present their certificates 
of election after the two Houses are organized, 
and then it will be a simple question under the 
Constitution of the members taking their scatr,. 
Each House must judge for itself the election, 
returns, and qualifications of its own members. 
As to v.diat the two Houses will do in reference 
to the oath now required to be taken before the 
members can take tlieir seats is unknown to me, 
and I do not like to predict; but, upon the 
whole, I am of opinion that it would be better 
for the question to come u[) and be disposed of 
after the two Houses have been organized. 

I hope that your Legislature will adopt acode 
in reference to free persons of color that will be 
acceptable to the country, at the same time doing 
justice to the white and colored population. 
Andrew Joiinsox, 
President of the United States. 

FLORIDA. 

18G5, April 8 — Abraham K. Allison, Presi- 
fleiu of the rebel Senate, of Florida, announced 
the death of John Milton, rebel Governor, and 
appointed June 7 for election of a successor. 

May li — Major General Gillmcre issued an 
order annulling this jiroclarnation, and com- 

* Drcciiilpor -1 — Itfliiri; iulj'Uiniiii.!:, lliesiiVijuct ol'tlio ro- 
l>inli,ii:'iii (if till' war ili-lit was rcli-rriil to t!ii< ( 'DiiiiiiiHuo 
on Kfil'Til Jl ■liitiiniK, wild ri'ci>mMi(.Mi.li'cl the npiiniiifmcnt 
ot R ^|»■^i:ll J. line C'.'iiiiniltce u( ImiIIi iI<iiiM-s to imjiiiri! iiitu 
t'.i'.' iiindiiiit iiCmk li (l.l;t(liiy liy tliu .Stati', iiuil to whom 
dii'-: •■imi to report at tip- iiixt retriilar Hrssiou of tlio Lo^U- 
Utuiu, wLicU sviU bu iu Nuvembcr, 18GU. 



manding the people to give it no heed what- 
ever. 

July 13 — William Marvin appointed Pro- 
visional Governor. 

August 3 — Provisional Governor ^larvin 
called an election for delegates to a convention 
for October lOih — these provisions governing 
the election : 

" Every free white male person of the age of 
twenty-one years and upwards, and who shall 
be at the time of offering to vote a citizen of tho 
United States, and who shall have resided and 
had his homo in this State for one j-ear next 
preceding the election, and for six months in 
tlie county in which ho may offer to vote, and 
who shall have taken and subscribed the oath of 
amnesty, as set forth in the President's proclama- 
tion of amnesty of the 29thday of May, 1865, and 
if he comes within the exceptions contained in 
said proclamation, shall have taken said oath, 
and have been specially pardoned by tho Presi- 
dent, shall be entitled to vote in the county 
where he resides, and shall be eligible as a mem- 
ber of said convention, and none others. Where 
the person offering to vote comes within tlie ex- 
ceptions contained in the amnesty jiroclamation, 
and shall have taken the amnesty oatli, and 
shall have made application to the President for 
a special panlon through the Provisional Gov- 
ernor, and shall have been recommended by 
him for such panlon, the inspectors or judges 
of the election ma)-, in most instances, properly 
presume that such pardon has been granted, 
though, owing to the want of mail facilities, it 
may not have been received by tho party at the 
time of the election. 

"Free white soldiers, seamen, and marines in 
the army or navy of the United States, who 
were qualified by their residence to vote in said 
State at the time of their respective enlistments, 
and who shall have taken and subscribed the am- 
nesty oath, shall be entitled to vote in the county 
where they respectively reside. But no soldier, 
seaman, or marine not a resident in the State at 
the time of his enlistment shall be allowed to 
vote." 

October 25 — Convention met. 

October 28. — Secession ordinance annulled. 

November 6— Slavery abolished — "slavery 
having been destroyed in tlio State by the Gov- 
ernment of the Unitei] States." Same ordinance 
gives colored peo[)le the right to testify in all 
cases where the person or property of such per- 
son is involved, but denies tliem the right to 
testify where the interest of the white class ara 
involved. 

Same daj^ — Rebel State debt repudiated. A 
bill was first passed submitting this question to 
a vote uf tlie people: but tliis was reconsidered, 
on finding this was a condition of recognition by 
tlio executive l)ranch of the government, and tlia 
direct rejiudiation ado[»ted. 

November 2'J — Election lield under an ordi- 
nance of the Convention I'or State officers and 
Representative in Congress. 

December 18 — Lc:.;islature met. 

December 28 — .Ynti slavery amendment rati- 
fied, with this declaratory resolution a part of 
the ratifying instrument: 

" liesolvca, That this amendment to the Coa- 



CONVENTIONS AND LEGISLATURES. 



25 



Btitufion of the United States is adopted by the 
Legislature of the State of Florida, with the un- 
derstanding that it does not confer njion the 
Congress the power to legislate upon the politi- 
cal status of the freedmen in this State." 

Pending this action, this telegraphic corres- 
pondence took place : 

DEPAr.TJIENT OF StATE, 

Wasuington, September 12, 1865. 

Sir: Your excellency's letter of the 29th ulti- 
mo, with the accompanying proclamation, has 
been received and submitted to the President. 
The steps to which it refers, towards reorganizing 
the government of Florida, seem to be in the 
main judicious, and good results from them may 
be hoped for. The presumption to which the 
proclamation refers, however, in favor of in- 
surgents who may wish to vote, and who may 
have applied for, but not received, their pardons, 
is not entirely approved. All applications for 
pardons will be duly considered, and will be dis- 
posed of as soon as may be practicable. It must, 
nowever, be distinctly understood that the restora- 
tion to which your proclamation refers will be 
subject to the decision of Congress. 

I have the honor to be, your excellency's obedi- 
ent servant, William II. Sewaed. 

ILs Excellency William Marvin. 

Office of the Provisional Governor, 
Tallahassee, Fla., October 7, 1865. 

* * * I have said that the Convention 
will, in good faith, abolish slavery; but I think 
it probable that the Legislature, which will be 
elected and convened at an early period, will 
feel some reluctance against ratifying the pro- 
posed amendment to the CoHstitution of the 
united States. The principal argument urged 
against the ratification is, that the Legislature 
will thereby assist to impose abolition on Ken- 
tucky and Delav/are, which have not yet abol- 
ished slavery. If the President should think it 
desirable that the Legislature should ratify the 
proposed amendment, either with a view to pro- 
mote a more complete reconciliation between 
the North and the South, or for any other reason, 
hepossibly may notdeem itamiss to communicate 
to me his wishes on the subject. His wishes on 
the subject would be very potent in the State. 

The military authorities in the State, under 
the command of Major General Foster, are ren- 
dering me every possible assistance in sending 
out notices and proclamations of the election, in 
the absence of mail facilities, and no disagree- 
ments exist between us. 

I have the honor to be, very respectfully, your 
obedient servant, • 

Wm. Marvin, Provisional Governor. 
Hon. W. H. Seward, Secretary of State. 

Department of State, 
Washington, November 1, 1865. 
His Excellency William Marvin, 

Provisional Governor: 
Tour letter of October 7 was received and 
Fubmitted to the President. He is gratified with 
the favorabl<^ progress towards reorganization 
in Florida, and directs me to say that he re- 
gards the ratification by the Legislature of the 
- congressional amendment of the Constitution of 



the United States is indispensable to a success- 
ful restoration of the true legal relations be- 
tween Florida and the other States, and equally 
indispensable to the return of peace anci har- 
mony throughout the Republic. 

William H. Seward. 

VIRGINIA. 

1865, April 4 — President Lincoln visited 
Richmond. 

April 7 — An informal meeting of private in- 
dividuals, among whom were five or six membera 
of the rebel legislature in Richmond, was had to 
consider a suggestion that the Legislature re- 
assemble to call a Convention to restore Virginia 
to the Union, said to be with the concurrence of 
President Lincoln. 

April 12 — Til is address was published in tho 
Richmond Whig: 

ADDRESS TO THE PEOPLE OF VIRGINIA. 

The undersigned, members of the Legislature 
of the State of Virginia, in connection with a 
number of the citizens of the State, whoso 
names are attached to this paper, in view of the 
evacuation of the city of Richmond by the Con- 
federate government and its occupation by the 
military authorities of the United States, the 
surrender of the army of northern Virginia, 
and the suspension of the jurisdiction of the 
civil power of the State, are of the opinion that 
an immediate mooting of the General AsseraUly 
of the State is called for by the exigencies of tha 
situation. The consent of the military authori- 
ties of the United States to a session of the 
Legislature in Richmond, in connection with 
the Governor and Lieutenant Governor, to their 
free deliberation upon public affairs, and to tha 
ingress and departure of all its members under 
safe conduct, has been obtained. 

The United States authorities will afford trans- 
portation from any point under their control to 
any of the persons before mentioned. 

The matters to be submitted to the Legislature 
are the restoration of peace to the State of Vir- 
ginia, and the adjustment of the questions, in- 
volving life, liberty and property, that have 
arisen in the State as a consequence of war. 

We, therefore, earnestly request the Governor, 
Lieutenant Governor, and members of the Legis- 
lature, to repair to this city by the 25th of April, 
instant. 

We understand that full protection to persons 
and property will be afforded in the State, and 
we recommend to peaceful citizens to remain at 
their homes and pursue their usual avocations 
with confidence that they will not be interrupted. 

We earnestly solicit the attendance in Rich- 
mond, on or before the 25th of April, instant, 
of the following persons, citizens of Virginia, 
to confer with us as to the best means of restor- 
ing peace to the State of Virginia. We have 
secured safe conduct from the military authori- 
ties of the United States for them to enter the 
city and depart without molestation : 

Hons. R. M. T. Hunter, A. T. Caperton, Wra, 
C. Rives, John Letcher, A. H. H. Stuart, R. L. 
Montague, Fayette McMullen, J. P. Holcorabe, 
Alex. Rives, B. Job tson Barbour, .Tas. Barbour, 
Wm. L. Goggin. J. B. Baldwin, Thos. S. Ghol- 



26 



POLITICAL MANUAL. 



enn. Waller Staples, S. D. Miller, Thos. J. Ran- 
dolpli, Wni. T. Early, R. A. Claybrook, John 
Critcher Williams, T. JI. Eppes, and those other 
persons for wliom passports have been procured, 
and especially others whom we consider it un- 
necessary to mention. Signed — 

A. J. .Uarshall, Senator from Fauquier. 

John Wesson, Senator from ]\Iarion. 

James Venahle, Senator elect from Petersburg. 

David J. Burr, of the House of Delegates, 
from Richmond. 

David J. Saunders, of the House of Delegates, 
Richmond city. 

L. S. Hall, of the House of Delegates, Wetzel 
county. 

J. J. English, of the House of Delegates, 
Henrico county. 

Wm. Ambers, of the House of Delegates, 
Chesterfield county. 

A. M. Keetz, House Delegates, Petersburg. 

H. W. Thomas, Second Auditor, Richmond. 

Lieatenant L. L. Moncure, Chief Clerk, Second 
Auditor's ofiice. 

Joseph Maj-o, Mayor, city of Richmond. 

Robert S. Howard, Clerk Hustings Court, 
Richmond city. 

Thomas \V. Dudley, Sergeant, Richmond city. 

Littleton Tazewell, Commonwealth's Attor- 
ney, Richmond city. 

Wm. T. Joynes, Judge of the Circuit Court, 
Petersburg. 

John A. Meredith, Judge of the Circuit Court, 
Richmond. 

Wm. H. Lyons, Judge of the Hustings Court, 
Richmond. 

Wm. C. Wickham, Member of Congress, Rich- 
mond. 

Benjamin S. Ewell, President of William and 
Mary College. 

Nat. Tyler, editor Richmond Enquirer. 

R. F. Walker, publisher, Examiner. 

J. R. Anderson, Richmond. 

R. R. Howison, Richmond. 

W. Goddin, Richmond. 

P. G. Baglcy, Richmond. 

F. J. Smith, Richmond. 

Franklin Sterns, Henrico. 

John Lyon, Petersburg. 

Thomas B. Fisher, Fauq^.ier. 

Wm. M. Harrison, Charles City. 

Cyrus Hall, Ritchie. 

Tlios. W. Garnett, King "^nd Queen. 

James A. Scott, Richmond. 

I concur in the preceding recommendation. 
J. A. Campbell. 

Approved for publication in the Whij and in 
hanubill form. G. Weitzel, 

Major General Commanding. 

Richmond, Va., April 11, 18G5. 

April 12 — Said authority revoked in this tele- 
gram from President Lincoln to Major General 
vVeitzel, being the last telegram ever transmitted 
by the former : 

OrricE U. S. Military Telegrapu, 
War Department, 
WAsniNGTON, D. C, April 12, 18G5. 
Major General Weitzel, Richmond, Va.: 

I have just seen Judge Campbell's letter to 
you of the 7th. He assumes, as ajipears to me, 
that I have called the insurgent Legislature of 



Virginia together, as the rightful Legislature of 
the State, to settle all ditTerences with tlie United 
States. I have done no such thing. I spoke of 
them not as a legislature, but as " the gentle- 
men who have acted as the Legislature of Vir- 
ginia in support of the rebellion." I did thia 
on purpose to exclude the assumption that I was 
recognizing them as a rightjul body. I dealt 
with them a? men having power de facto to do 
a specific thing, to v,'it, " to withdraw the Vir- 
ginia troops and other support from resistance 
to the General Government," for which, in the 
paper handed to Judge Campbell, I promised a 
specific equivalent, to wit, a remission to the 
people of the State, except in certain cases, the 
confiscation of their property. I meant this and 
no more. Inasmuch, however, as Judge Camp- 
bell misconstrues this, and is still pressing for an 
armistice, contrary to the explicit statement of 
the paper I gave him ; and particularly as Gen. 
Grant lias since captured the Virginia troops, so 
that giving a consideration for their withdrawal 
is no longer applicable, let my letter to you and 
the paper to Judge Campbell iDoth be vv'ithdrawn 
or countermanded, and he be notified of it. Do 
not now allow them to assemble ; but if any 
have come, allow them safe return to their homes. 

A. Lincoln. 

May 9 — President Johnson issued an execu- 
tive order recognizing the Pierpoint Adminis- 
tration as that of Virginia. (See President 
Johnson's Orders, p. 8.) 

June 19 — Legislature met. 

June 20 — Bill passed prescribing means by 
which pjersons who have been disfranchised by 
the third article of the constitution may ])e re- 
stored to the rights of voters. [It provides, 
substantially, that persons, otherwise qualified 
as voters, who take the amnesty oath and an 
oath to uphold the executive government of 
Virginia, shall be qualified as voters.] 

June 21 — Bill passed submitting to a vote of 
the people whether the legislature to be chosen 
at the next election should have power to alter 
or amend the third article of the constitution, 
which is in these words : 

" No person shall vote or hold office under 
this constitution who has held office under tho 
so-called Confederate government, or under any 
rebellious State government, or who has been a 
member of the so-called Confederate Congress, 
or a member of any State Legislature in rebel- 
lion against the authority of the United States, 
excepting therefrom the county officers." 

June 23 — Legislature adjourned. 

October 12~ Election lield for Representatives 
in Congress. The vote on empowering tho 
Legislature to alter the third article almost 
unanimously affirmative. 

December 4 — ^Legislature assembled. A bill 
passed, providing that all qualified voters here- 
tofore identified with " tho rebellion," and not 
excluded from the amnesty proclamation by 
President Johnson (with the exception of those 
embraced in the " $20,000 clause,") can appear 
before a notary public, or other persons au- 
thorized to adlninister oaths, under tlie restored 
Government, and recover the right of suf- 
frage, l)y taking tlie amnesty oath of the 29th of 
May, 1865, an oath to support the restored Gov* 



CONVENTIONS AND LEGISLATURES. 



27 



ernment of Virginia, and to protect and defend 
the Constitution of the United States. He also 
becomes eligible to office, unless he has "held 
office under the so-called Confederate govern- 
ment, or under any rebellious State government, 
or has been a member of the so-called Confede- 
rate Congress, or a member of any State Legis- 
lature in rebellion against the authority of tlie 
United States," excepting therefrom county 
offiuers. 

TENNESSEE. 

1865, March 4 — William G. Brownlow elected 
Governor, under the organization effected by 
Andrew Johnson, Military Governor. Brown- 
low received 23,352 votes, scattering 37. 

June 5 — Franchise act passed, with these pro- 
visions : 

Sec. 1. Be it enacted, &c.. That the following 
persons, to wit: 

1. Every white ;aan twenty-one years of age, 
a citizen of the United States and a citizen of the 
county wherein he may offer his vote six months 
next preceding the day of election, and publicly 
known to have entertained unconditional Union 
sentiments from the outbreak of the rebellion 
until the present time ; and 

2. Every white man, a citizen of the United 
States and a citizen of the county wherein he 
may offer his vote six months next preceding the 
day of election, having arrived at the age of 
twenty-one years since March 4, 1865: Provided, 
That he has not been engaged in armed rebel- 
lion against the authority of the United States 
voluntarily ; and 

3. Every white man of lawful age coming 
from another State, and being a citizen of the 
United States, on proof of loyalty to the United 
States, and being a citizen of the county wherein 
he may offer his vote six months next preceding 
the day of election ; and 

4. Every white man, a citizen of the United 
States and a citizen of this State, who has served 
as a soldier in the army of the United States, and 
has been or may be hereafter honorably dis- 
charged therefrom ; and 

5. Every white man of lawful age, a citizen of 
tVe United States and a citizen of tho county 
wherein he may offer his vote six months next 
preceding the day of election, who was con- 
scripted by force into the so-called confederate 
army, and was known to be a Union man, on 
proof of loyalty to the United States, estab- 
lished by the testimony of two voters under the 
previous clauses of this section ; and 

6. Every white man who voted in this State 
at the presidential election in November, 1864, 
or voted on the 22d of February, 1865, or voted 
on the 4th of March, 1865, in this State, and all 
others who had taken the "oath of allegiance" 
to the United States, and maj'' bo known by the 
judges of election to have been true friends to 
the Government of the United States, and would 
have voted in said previously mentioned elec- 
tions if the same had been holden within their 
reach shall be entitled to the privileges of the 
electi/e franchise. 

Sec. 2. That all persons who are or shall have 
been civil or diplomatic officers or agents of the 
so-called Confederato States of America, or who 



have left judicial stations under the United 
States or the State of Tennessee to aid, in any 
way, the existing or recent rebellion against the 
authority of the United States, or who are or 
shall have been military or naval officers of the 
so-called Confederate States, above the rank of 
captain in the army or lieutenant in the navy; 
or who have left seats in the United States Con- 
gress or seats in the Legislature of the State of 
Tennessee, to aid in said rebellion, or have re- 
signed commissions in the army or navy of the 
United States, and afterward have voluntarily 
given aid to said rebellion; or persons who have 
been engaged in treating otherwise than law- 
fully, as prisoners of war, persons found in the 
United States service as officers, soldiers, seamen, 
or in anj' other capacities ; or persons who have 
been or are absentees from the United States for 
the purpose of aiding the rebellion ; or persons 
who held pretended offices under the govern- 
ment of States in insurrection against the United 
States ; or persons who left their homes within 
the jurisdiction and protection of the United 
States, or fled before the approach of the nai 
tional forces and passed beyond the Federal mil- 
itary lines into the so-called Confederate States, 
for the purpose of aiding tho rebellion, shall be 
denied and refused the privilege of the elective 
franchise in this State for the term of fifteen 
years from and after the passage of this act. 

Sec. 3. That all other persons, except those 
mentioned in section one of this act, are hereby 
and henceforth excluded and denied the exercise 
of the privilege of the elective franchise in this 
State for the term of five years from and after 
the passage of this act. 

Sec. 4. That all persons embraced in section 
three of this act, after the expiration of said 
five 5-ears, may be readmitted to the privilege 
of the elective franchise by petition to the cir- 
cuit or chancery court, on proof of loyalty to 
the United States, in open court, upon the testi- 
mony of two or more loyal citizens of the United 
States. 

July 15 — President Johnson sent this telegram: 
Washingto:^, D. C— 3.50 P. M., 

My 16, 1865. 
To Governor W. Q. Brownloiu : 

I hope, as I have no doubt you will see, that 
the laws passed by the last Legislature are faith- 
fully executed, and that all illegal voters in the 
approaching election be kept from the polls, and 
that the election of members of Congress be 
conducted fairly. Whenever it becomes neces- 
sary for the execution of the law and the protec- 
tion of the ballot-box, }-ou will call upon Gene- 
ral Thomas for sufficient military force to sus- 
tain the civil authority of the State. I have 
just read your address, which I most heartily 
endorse. Andrew JonssoN, 

President U. S. A. 

1866, April 12 — An amendment to the fran- 
chise act passed the House, 41 to 15. 

May 3 — The Senate passed it, 13 to 6. Its 
principal provisions are : 

Sec. 1. That every white mala inhabitant of 
this State of the age of twenty-one years, a citi- 
zen of the United States and a re.4dent of the 
county wherein he mav offer his vote six months 
next preceding the da^^of election, shall be enti- 



28 



POLITICAL MANUAL. 



tied to the privilege of the elective franchise, 
Eubject to the following exceptions and disquali- 
fications, to wit : 

First. Said voter shall have never borne arms 
against the Government of tlie United States for 
the purpose of aiding the late rebellion, nor have 
voluDtarily given aid, comfort, countenance, 
counsel, or encouragement to any rebellion 
against the authority of the United "States Gov- 
ernment, nor aided, countenanced, or encouraged 
acts of hostility thereto. 

Second. That said voter shall have never 
Bought, or voluntarily accepted, any office, civil 
or military, or attempted to exercise the func- 
tions of any office, civil or military, under tiie 
authority or pretended authority of the so-called 
Confederate States of America, or of any insur- 
rectionaiy State whatever, hostile or ojiposed to 
the authorit}^ of the United States Government, 
with the intent and desire to aid said rebellion 
or insurrectionary authority. 

Third. That said voter shall have never volun- 
tarily supported any pretended p;overnment, 
power, or authority hostile or inimical to the a,u- 
thority of the United States, by contributions in 
money or property, by persuasion or influence, 
or in any other way whatever : Provided, That 
the foregoing restrictions and disqualifications 
shall not apply to any white citizen who may 
have served in and been honorably discharged 
from the army or navy of the United States 
since the 1st day of January, 18G2, nor to those 
who voted in the Presidential election in No- 
(Tember, 186i, or voted in the election for " rati- 
fication or rejection" in February, 1865, or voted 
in the election held on the 4th day of March of 
the same year for Governor and members of the 
Legislature, nor to tho.se who have been appointed 
to any civil or military office by Andrew John- 
son, Military Governor, or William G. Brown- 
low, Governor of Tennessee, all of whom are 
hereby declared to be qualified voters upon their 
compl^'ing with the requirements of this act : 
Prondcd, That this latter clause shall not apply 
to any commission issued upon any election 
which may have been held. 

Sec. 2. That the Governor of the State shall, 
within sixty days after the passage of this act, 
appoint a commissioner of registration for each 
and every county in the State, who shall, with- 
out delay, enter upon the discharge of his duties, 
and who shall have full power to administer the 
necessary oaths provided by this act. 

May 19 — A bill was passed to disqualify cer- 
tain persons from holding office, civil or military. 
It excludes those persons who held civil or 
diplomatic offices, or were agents of the so called 
Confederate States, or who left judicial stations 
under tiie United Slates, or the State of Tennes- 
see, to aid the rebellion, or who were military 
or naval officer.^ of tlio so-called Confederate 
States, above the rank of captain in the army, 
or lieutenant in the navy, or who left seats in 
the United States Congre.^.s, or seats in the Legis- 
lature of the State of Tennessee, to aid the rebel- 
lion, or who resigned commissions in the army or 
navy of the United States and afterward gave 
voluntary aid to the rebellion, or who ab.«ented 
themselves from the State of Tennessee ta give 
6uch aid, or who held offices under the Stat<is in 



insurrection again.st the United States With intent 
to aid t!ie rebellion, or wlio ever held office -n 
the State of Tennessee of legislative, judicial, or 
executive character, under an oath to support 
the constitution of the State of Tennessee, and 
who violated said oath, and gave voluntary aid 
or countenance to the rebellion, that each and 
all be excluded from all offices, State, county, or 
municipal. 

It also provides that any qualified voter shall 
not be excluded from office by the provisions of 
this bill, as amended. 

May — The Senate rejected a suffrage bill, 
IG to 5, which proposed to allow all blacks and 
wliite> of legal age to vote, and exclude all, 
after 1375, wiio cannot read. 

May 28 — The Legislature adjourned until No- 
vember 28. 

TEXAS. 

1865, June 17 — Andrew J. Hamilton ap- 
pointed Provisional Governor. 

1866, March — Convention met. 

April 2 — Convention adjourned. The Con- 
stitution to be voted on, June 5. It abolishea 
.slavery, and annuls the Secession Ordinance. 
Tlie war debt has been repudiated. Five years 
residence required for eligibility to the Legisla- 
ture. White population is the basis of repre- 
sentation for State purposes. An ordinance 
passed exempting all persons who, under au- 
thority of civil or military power, had inflicted 
injury upon persons during the war, from ac- 
countability therefor. 

ARKANSAS. 

1865, October t!0 — President Johnson sent 
this telegram to Governor Isaac Murphy, 
elected Governor under the free State organi- 
zation formerly made. 

Executive Off:ce, Washington, D. C, 
October 30, 1865. 
To Gov. Murphy, Little Rock, Arkansas : 

There will be no interference with your pres- 
ent organization of State government. I have 
learned from E. W. Gantt, Esq., and other 
sources, that all is working well, and you will 
proceed and resume the former relations with 
tlie Federal Government, and all the aid in the 
power of the Government will be given in re- 
storing the State to its former relations. 

Andrew Johnson, Prest of the U. S. 

LOUISIANA. 

Tliore was no interference with the State 
organization formerly made. 

1865, November — J. AL Wells was elected 
Governor, and Albert Voorliis, Lieut. Governor 

November 23 — Legislature met in extra ses- 
sion again, under proclamation of tlie Governor. 

December 22 — Legislature adjourned. 

18G6, March — J. T. Monroe elected maj-or of 
New Orleans, and James 0. Nixon an alderman. 

l\Iarch 19 — General Canby issued an order 
suspending them from the exercise of an}' of the 
functions of these offices until the pleasure of 
the President be made known — as thoy coine 
within tlie excepted class of the President's proc- 
lamation. They were sub.sequcntly pardoned, 
on application, £Jid took the offices. 



IV. 



LEGISLATIOx^ RESPECTLXG FREEDMEN. 



NORTH CAROL INA. 

186(3, March 10 — The act " concerning negroes, 
and persons of color, or of mixed blood," passed 
by the Legislature, declares that " negr-^cs ixnd 
their issue, even where one ancestor in each suc- 
ceeding generation to the fourth inclusive, is 
white, shall be deemed persons of color." It 
gives them all the privileges of white persons 
before the courts in the mode of prosecuting, de- 
fending, continuing, removing, and transferring 
their suits at law and in equity, and makesthom 
eligible as witnesses, when not otherwise in^om- 
petent, in " all controversies at law and in equity 
where the rights of persons or property of per- 
sons of color shall be put in issue, and would be 
concluded by the jvidgment or decree of court; 
and also in pleas of the State, where the violence, 
fraud, or injury alleged shall be charged to have 
been done by or to persons of color. In all other 
civil and criminal cases such evidence shall be 
deemed inadmissible, unless by consent of the 
parties of record : Provided, That this section 
shall not go into effect until jurisdiction in mat- 
ters relating to freedmen shall be fully com- 
mitted to the courts of this State : Provided fur- 
ther, That no person shall be deemed incompe- 
tent to bear testimony in such cases, because of 
being a party to the record or in interest." 

The criminal laws of the State are extended in 
their operation to embrace persons of color, and 
the same punishment is inflicted on them as on 
the whites, except for rape, which, if a white 
female is the victim, is a capital crime for a black. 
The lav/ regarding apprentices is so amended as 
to make its provisions applicable to blacks, but 
it gives the former masters the preference, and 
declares that they should be regarded as the 
most suitable persons. Provision is also made 
for legalizing the marriages of the bLacks con- 
tracted during slavery, and for punishment of 
illicit cohabitation, kll which is modified by 
a proviso that the act shall not take effect until 
after the Freedmen's Bureau is removed. Where 
men and women, lately slaves, now cohabit to- 
gether in the relation of husband and v.nfe, they 
shall be deemed to have been lawfully married 
at the time of the commencement of such cohabi- 
tation ; and they are required to go before the 
clerk of the county court, acknowledge the co- 
habitation, of which record shall be made, and 
shall be pmna facie evidence of the statements 
made. 

All contracts between any persons whatever, 
\rhereof one or more of them shall be a person 
of color, for the sale or purchase of any horse, 
mule, ass, jennet, neat cattle, hog, sheep, or 
goat, whatever may be the value of such articles, 
and all contracts between such persons for any 
ether article or articles of property whatever of 



the value of ten dollars or more, and all contracts 
executed or executory between such persons for 
the payment of money of the value of ten dol- 
lars or more, shall be void as to all persons what- 
ever, unless the same be put in writing and 
signed by the vendors or debtors, and witnessed 
by a white person who can read and write. 

Mar)iagQ betv/een white persons and persons 
of color shall be void ; and every person au- 
thorized to solemnize the rites of matrimony, 
who shall knowingly solemnize the same between 
such persons, and every clerk of a court wd;o 
shall knowingly issue license for their marriage, 
shall be deemed guilty of a misdemeanor, and, 
moreover, shall pay a penalty of five hundred 
dollars to any person suing for the same. 

MISSISSIPPI. 

An Act to regulate tho Relation of Master ar.d 
Apprentice relative to Freedmen, FroeNegTces, 
and Mulattoes, November 22, 1835. 

Sec. 1 provides that it shall be the duty of all 
sherifl's, justices of the peace, and other civil 
officers of the several counties in tliis State to 
report to the probate courts of their respective 
counties semi-annually, at the January and 
July terms of said courts, all freedmen, free 
negroes, and mulattoes, under the age of eighteen, 
within their respective counties, beats, or dis- 
tricts, who are orphans, or whce parent or 
parents have not the means, or who refuse to pro- 
vide for and support said minors, and thereupon 
it shall be the duty of said probate court to or- 
der the clerk of said court to apprentice said 
minors to some competent and suitable person, 
on such terms as the court may direct, having a 
particular care to the interest of said minors: 
Provided, That the former owner of said minora 
shall have the preference when, in the opinion 
of the court, he or she shall be a suitable per- 
son for that purpose. 

Sec. 2 provides that the said court shall bo 
fully satisfied that the person or persons to whom 
said minor shall be apprenticed shall be a suita- 
ble person to have the charge and care of said 
minor, ami fulh' to protect the interc'^t of said 
minor: Provided, That said apprentice shall 
be bound by indenture, in case of males until 
they are twenty-one years old, and in case of 
females until they are eighteen years old. 

Sec. 3 provides that in the management and 
control of said apprentices said master or mis- 
tress shall have power to inflict such moderath 
corporeal chastisement as a father o" guardian 
is allowed to inflict on his or her child or ward 
at common law : Provided, That in no case sivJd 
cruel or inhuman punishment be inflicted. 

Sec. 4 provides that if any apprentice thr-11 
leave the employment of his er her master or 

29 



30 



rOLITICAL MANUAL. 



mistre??, without liis or her consent, said mas- 
ter or mistress may pursue and recapture said 
apprentice, and bring him or her before any 
justice of the peace of the county, whose duly 
It shall be to remand said apprentice to the ser- 
vice of his or her master or mistress; and in the 
event of a refusal on the part of said apprentice 
80 to return, then said justice shall commit said 
apprentice to tlie jail of said county, on failure 
to give bond, until the next term of the county 
court; and it shall be the duty of said court, at 
,he first term thereafter, to investigate said case, 
sind if the court shall be of opinion that said 
apprentice left the employment of his or her 
master or mistress without good cause, to order 
him or her to be punished, as provided for the 
punishment of hired freedmen, as may be from 
time to time provided for by law for desertion, 
until he or she shall agree to retu-n to his or 
aer master or mistress: Provided, That the 
court may grant continuances, as in other cases : 
And provided further. That if the court shall 
believe that said apprentice had good cause to 
quit his said master or mistress, the court shall 
discharge said apprentice from said indenture, 
and also enter a j,»dgment against the master or 
mistress, for not more than one hundred dol- 
lars, for the use and benefit of said apprentice, 
to be collected on execution, as in other cases. 

Sec. 5 provides that if any person entice away 
any apprentice from his or her master or mis- 
iress, or shall knowingly employ an apprentice, 
or furnish him or her food or clothing, without 
the written consent of his or her master or mis- 
tress, or shall sell or give said apprentice ardent 
spirits without such consent, said person so of- 
fending shall be deemed guilty of a high misde- 
meanor, and shall on conviction thereof before 
the county court, be punished asprovided for the 
punishment of persons enticing from their em- 
ployer hired freedmen, free negroes, or mttlattoes. 

Sec. 6 makes it the duty of all civil officers to 
report any minors within their respective coun- 
ties to said probate court for apprenticeship. 

Sec. 9 provides that it shall be lawful for any 
freedman, free negro, or mulatto, having a minor 
child or children, to apprentice the said minor 
child or children as provided for by this act. 

Sec. 10 provides tnat in all cases where the 
age of the freedman, free negro, or mulatto can- 
not be ascertained by record testiraon}'', the 
judge of the county court shall fix the age. 

The Vagrant Act, November 24, 1865. 

Sec. 1 defines who are vagrants. 

Sec 2 provides that all freedmen, free negroes, 
and mulattoes in tliis Slate, over the age of 
eighteen years, found on the second Monday in 
January, 18GG, or thereafter, with no lawful 
employment or business, or found unlawfully 
as.sembling tiiemselves together, either in the 
day or night time, and all white persons so 
assembling with freedmen, free negroes, or mu- 
b.ttoes, or usually associating with freedmen, 
free negroes, or mulattoes on terms of equality, 
or living in adultery or fornication with a frecd- 
woman, free negro, or mulatto, shall be deemed 
vagrants, and on conviction thereof shall be 
fined in the sum of not exceeding, in the case of 
a freedman, free negro or mulatto, fifty doiiars, 
and a white T-an two hundred d<»l!av.s and im- 



prisoned, at the discretion of the court, the 
free negro not exceeding ten days, and the white 
man not exceeding six months. 

Sec. 3 gives all justices of th« peace, mayors, 
and aldermen jurisdiction to try all questions of 
vagrancy, and it is made their duty to arrest 
parties violating any provisions of this act, in- 
vestigate the charges, and, on conviction, punish 
as provided. It is made the duty of all sherifi's, 
constables, town constables, city marshals, and 
all like officers, to report to some officer having 
jurisdiction all violations of any of the provis- 
ions of this act, and it is made the duty of the 
county courts to inquire if any officer has neg- 
lected any of these duties, and if guilty to fine 
him not exceeding $100, to be paid into the 
county treasury. 

Sec. 5 provides that all fines and forfeitures 
collected under the provisions of this act shall 
be paid into the county treasury for general 
county purposes, and in case any freedman, free 
negro or mulatto, shall fail for five days after 
the imposition of any fine or forfeiture upon 
him or her, for violation of any of the provis- 
ions of this act to pay the same, that it shall be, 
and is hereby made, the duty of the sheriff of 
the proper county to hire out said freedman, 
free negro or mulatto, to any person who will, 
for the shortest period of service, pay said 
fine or forfeiture and all costs : Pi'ovided, A pref- 
erence shall be given to the employer, if there 
be one, in which case the employer shall be 
entitled to deduct and retain the amount so paid 
from the wages of such freedman, free negro or 
mulatto, then due or to become due; and in case 
such freedman, free negro or mulatto cannot be 
hired out, he or she may be dealt with as a pauper. 

Sec. 6 provides that the same duties and lia- 
bilities existing among w'hite persons of thi? 
State shall attach to freedmen, free negroes and 
mulattoes, to support their indigent families and 
all colored paupers ; and that in order to secure 
a support for such indigent freedmen, free ne- 
groes and mulattoes, it sliall be lawful, and it is 
hereby made the duty of the boards of county 
police of each county in this State, to levy a 
poll or capitation tax on each and every freea- 
man, free negro or mulatto, between the ages of 
eighteen and sixty years, not to exceed the sum 
of one dollar annually to each person so taxed, 
which tax when collected shall be paid into the 
county treasurer's hands, and constitute a fund 
to be called the freodmen's pauper fund, which 
shall be applied by the commissioners of the 
poor for the maintenance of the poor of the 
freedmen, free negroes and mulattoes, of this 
Slate, under such regulations as may be estab- 
lished bj' the boards of the county police in the 
respective counties of this State. 

Sec. 7 provides that if any freedman, free 
negro or muhvtto shall fail or re-fuse to pay 
any tax levied acconling to the provisions of 
the sixth section of lliis act, it sliall he prima 
facie evidence of vagrancy, and it sliall be the 
duty of llie sherifTto arrest such freedman, free 
negro or mulatto, or sucii persons refusing or 
neglecting to pay such lax, and procecl at once 
to liire, for tlio sliortcst time, such delin-iuent 
taxpayer to any one who wih pay tlie aaia lax, 
with the accruing co-ts, giving preference to the 
employer, if t nere be one. 



LEGISLATION RESPECTIXG FREEDMEN. 



81 



An Act to confer Civil Rights on Frocdmcn, 
and for other Purposes, November 25, 1835. 

Section' 1 provides that all tVeedmen, free 
negroes and mulattoes may sue and be sued, 
implead and be impleaded in all the courts of 
law and equity of this State, and may acquire 
personal property and choses in action by de- 
scent or purchase, and may dispose of the same 
in the same manner and to the same extent that 
Avhite persons may : Provided, That the provis- 
ions of this section shall not be so construed as 
Id allow any freedman, free negro or mulatto to 
rent or lease any lands or tenements, except in 
incorporated towns or cities, in which places the 
corporate authorities shall control the same. 

Sec. 2 provides that all freedmen, free negroes 
and mulattoes may intermarry with each other 
in the same manner and under the same regula- 
tions that are provided by law for white per- 
sons : Provided, That the clerk of probate shall 
keep separate records of the same. 

Sec. 3 further provides that all freedmen, free 
negroes and mulattoes, who do now and have 
heretofore lived and cohabited together as hus- 
band and wife shall be taken and hold in law as 
legally married, and the issue shall bo taken and 
held as legitimate for all purposes. That it shall 
cot be lawful for any freedman. free negro or mu- 
latto to intermarry with any white person ; nor 
for any white person to intermarry with any 
freedman, free negro or mulatto ; and any person 
■who shall so intermarry shall be deemed guilty 
of felony, and on conviction thereof, shall be 
confined in the State penitentiary for life; and 
those shall be deemed freedmen, free negroes and 
mulattoes who are of pure negro blood, and those 
descended from a negro to the third generation, 
inclusive, though one ancestor of each genera- 
tion may have been a white person. 

Sec. 4 provides that in audition to cases in 
■which freedmen, free negroes and mulattoes are 
now by law competent witnesses, freedmen, free 
negroes and mulattoes shall be competent in 
civil cases, when a party or parties to the suit, 
either plaintiff or plaintitTs, defendant or defend- 
ants; also in cases where freedmen, free negroes 
and mulattoes are either plaintiff or plaintiffs, 
defendant or defendants, and a white person or 
white persons is or are the opposing party or 
parties, plaintiff or plaintiffs, defendant or de- 
fendants. They shall also be competent wit- 
nesses in all criminal prosecutions where the 
crime charged is alleged to have been com- 
mitted by a white person upon or against 
tno person or property of a freedman, free 
negro or mulatto: Provided, That in all cases 
Baid witnesses shall be examined in open court 
on the stand, except, however, they may be 
examined before the grand jury, and shall in 
all cases be subject to the rules and tests of the 
common law as to competency and credibility. 

Sec. 5 provides that every freedman, free 
negro, and mulatto shall on the second Mon- 
day of January, one thousand eight hundred and 
Bixty-six, and annually thereafter, have a law- 
ful home or employment, and shall have writ- 
ten evidence thereof, as follows, to wit : If liv- 
ing in any incorporated city, town, or village, 
a license from the mayor thereof, and if living 
outside of any incorporated city, town, or 



village, from the member of the board of pcHce 
of his beat, authorizing him or her to do irregu- 
lar and job work, or a written contract, as pro- 
vided in section six of this act ; which licenses 
may be revoked for cause at any time by tho 
authority granting the same. 

Sec. 6 provides that all contracts for labor 
made with freedmen, free negroes, and mulat- 
toes, for a longer period than one month, shall 
be in writing and in duplicate, attested and read 
to said freedman, free negro, or mulatto by a 
beat, city, or county ofHcer or two disinterested 
white persons of the county in which the labor 
is to be performed, of which each party shall 
have one ; and said contracts shall be taken and 
held as entire contracts, and if the laborer shall 
quit the service of tho employer before the expi- 
ration of his term of service without good cause, 
he shall forfeit his wages for that year up to tho 
time of quitting. 

Sec. 7. provilHes that every civil officer shall, 
and every person may arrest and carry back to 
his or her legal employer any freedman, free ne- 
gro, or mulatto who shall have quit the service 
of his or her employer before the expiration of 
his or her term of service without good cause; 
and said officer and person shall be entitled to 
receive for arresting and carrying back every 
deserting employe aforesaid the sum of five dol- 
lars, and ten cents per mile from the place of 
arrest to the place of delivery, and the same 
shall be paid by the employer and held as a 
set-off for so much against the wages of said de- 
serting employe : Provided, That said arrested 
party after being so returned may appeal to a 
justice of the peace or member of the board of 
the police of the county, who, on notice to tho 
alleged employer, shall try, summarily, whether 
said appellant is legally employed by the 
alleged employer and has good cause to quit 
said employer ; either party shall have the 
right of appeal to the county court, pending 
which the alleged deserter shall be remanded to 
the alleged employer, or otli^rwise disposed of 
as shall be right and just ; and the decision of 
the county court shall be final. 

Sec. 8 provides that upon affidavit made by 
the employer of any freedman, free negro, or 
mulatto, or other credible person, before any 
justice of the peace or member of the board 
of police, that any freedman, free negro, or 
mulatto, legally employed by said employer, 
has illegally deserted said employment, such 
justice of the peace or member of the board 
"of police shall issue his warrant or warrants, 
returnable before himself or other such officer, 
directed to any sheriff, constable, or special 
deputy, commanding him to arrest said de- 
serter and return him or her to said employer, 
and the like proceedings shall be had as provided 
in the preceding section ; and .t shall be lawful 
for any officer to whom such warrant shall be 
directed to execute said warrant in any county 
of this State, and that said warrant may be 
transmitted without indorsement to any like 
officer of another county to be executed and re- 
turned as aforesaid, and the said employer shall 
pay the cost of said warrants and arrest and re- 
turn, which shall be set off for so much against 
the wages of said deserter. 



POLITICAL MAXUAL. 



6bc. 9 provides tliat if any person shall pt/- 
Buade, or attempt to persuade, entice, or cause 
any freedman, tree negro, or mulatto to desert 
from the lef-al emplo3-mentof any person before 
the expiration of uis or her term of service, or 
ehall knovringly employ any such deserting 
freedman, free negro, or mulatto, or shall know- 
ingly give or sell to any such deserting freed- 
man. free negro, or mulatto any food, raiment, 
or other thing, he or she sliall be guilty of amis- 
demeanor, and upon conviction sliall be fined not 
less than twenty-five dollars and not more than 
two hundred dollars and the costs; and if saiJ 
fine and costs shall not be immediately paid, the 
court sliall sentence said convict to noi exceed- 
ing two months' imprisonment in the county 
jail, and he or she shall, moreover, be liable to 
the party injured in damages: Provided, If an}' 

fierson shall, or shall attempt to, persuade, en- 
ice, or cause any freedman, free negro, or mu- 
latto to desert from any legal employment of any 
rierson with the view to employ said freedman, 
ree negro, or mulatto without the limits of this 
Btate, such person, on conviction, shall be fined 
not less than fifty dollars and not more than five 
hundred dolhirs and costs; and if said fine and 
costs shall not be immediately paid the court 
shall senten^-e said convict to not exceeding six 
months' imprisonment in the county jail. 

Sec. 10 provides that it shall be lawful for any 
freedman, free negro, or mulatto to charge any 
white person, freedman, free negro, or mulatto, 
by affidavit, with any criminal offence against 
his or her person or property, and upon such 
affidavit the proper process shall be issued and 
executed as if said affidavit was made by a white 
person, and it shall be lawful for any freedman, 
free negro, or mulatto, in any action, suit, or 
controversy pending or about to be instituted in 
any court of law or equity in this State, to make 
all needful and lawful affidavits as shall be ne- 
cessary for the institution, prosecution, or de- 
fence of such suit or controversy. 

Sec. 11 provides that the penal laws of this 
State, in all cases not otherwise specially pro- 
vided for, sliall apply and extend to all freed- 
men, free negroes, and mulattoes. 

An Act Supplementary to "An Act to confer 
Civil Eights upon Frocdmen," and for other 
purposes, December 2, 1865. 
Sec. 1 provides tliat in every case where any 
white person has been arrested and brought to 
trial, by virtue of the provisions of tiie tenth 
section of the above recited act, in any court 
in this State, upon sufficient proof being made 
to the court or jury, upon the trial before 
said court, that any freedman, free negro or 
mulatto has falsely and maliciously caused the 
arrest and trial of sivid white person or persons, 
the court shall render up a judgment against 
said freedman, free negro or mulatto for all costs 
of the case, and impose a fine not to exceed 
fifty dollars, and imprisonment in the county 
jail not to exceed twenty days ; and for a failure 
of said freedmen, free negro or mulatto to pay, 
or cause to be paid, all costs, fines and jail fees, 
tlw3 sheriff of the county is hereby authorized 
and required, after giving ten days' public no- 
tice, to proceed to hire out at public outcry, at 
the court-house of tjie county, said freedman. 



free negro or mtilatto, for the shortest time to 
raise the amount necessary to discharge said 
freedman, free negro or mulatto from all costs, 
fines, and jail fees aforesaid. 

An Act to punish certain Offences therein named, 
and for other purposes, November 29, 1805- 

Sec. 1. Beit enacted, &c., That no Ireedman, 
free negro, or mulatto, not in the military ser- 
vice of the United States Government, and not 
licensed to do so by the board of police of his o? 
her county, shall keep or carry fire-arms of any 
kind, or any ammunition, dirk, or bowie-knife ; 
and on conviction thereof, in the county court, 
shall be punished by fine, not exceeding ten dol- 
lars, and pay the costs of such proceedings, and 
allsuch arms or ammunition shall be forfeited to 
the informer ; and it sliall be the duty of every 
civil and military officer to arrest any freedman, 
free negro, or mulatto found with any such arms 
or ammunition, and cause him to be committed 
for trial in default of bail. 

Sec. 2. That any freedman, free negro, or mu- 
latto, committing riots, routes, affrays, trespasses, 
malicious mischief and cruel treatment to animals, 
seditious speeches, insulting gestures, languago, 
or acts, or assaults on any person, disturbance of 
the peace, exercising the functions of a minister 
of the gospel without a license from some regu- 
larly organized church, vending spirituous or 
intoxicating liquors, or committing any other 
misdemeanor, the punishment of which is not 
specifically provided for by law, shall, upon con- 
viction thereof, in the county court, be lined not 
less than ten dollars, and not more than one hun- 
dred dollars, and may be imprisoned, at the dis- 
cretion of the court, not exceeding thirty days. 

Sec. 3. That if anj' white person shall sell, 
lend, or give to any freedman, free negro, or mu- 
latto, an}' fire-arms, dirk, or bowie-knife, or am- 
munition, or any spirituous or intoxicating 
liquors, such person or persons so offending, upon 
conviction thereof, in the county court of his or he? 
count}-, shall be fined not exceeding fifty dollars, 
and may be imprisoned, at the discretion of tho 
court, not exceeding thirty days. 

Sec. 4. That all the penal and criminal laws 
now in force in this State, defining offences, and 
prescribing tho mode of punishment for crimes 
and misdemeanors committed by slaves, free 
negroes or mnlattoes, be and the same are here- 
by re-enactfd, and declared to be in fall forco 
and effect, against freedmen, free negroes, and 
mulattoes, except so far as the mode and manner 
of trial and punishment have been changed or 
altered by law. 

Sec. 5. 'That if any freedman, free negro or 
mulatto, convicted of any of the misdemeanors 
provided against in this act, shall fail or refuse, 
for the space of five days after conviction, to pay 
the fine and costs imposed, such person shall be 
hired out by the shorilf or otiier officer, at pr blic 
outcry, to "any white person who will jmy aid 
fine and all costs, and take such convict foi ,ho 
shortest time. 

GEOB-GIA. 

1865, December 15 — Free persons of color aro 
made competent witnesses in all courts in cas^ 
where a free person of color is a party, or tlo 
offence charged is against the person or properlj 



LEGISLATION RESPECTING FREEDMEN. 



.88 



of a froe person of color. Persons of color now 
living as husband and wife are declared to be so, 
except a man has two or more reputed wives, or 
a wiie two or more reputed husbands ; in such 
event, they shall select one and the marriage 
ceremony be performed. 

1S66, Feb. 23 — All male inhabitants, white 
and black, between sixteen and fifty, subject to 
work on the public roads, except such as are 
specially exempted. 

March 7 — Any officer knowingly issuing any 
marriage license to parties, either of whom is of 
African descent and the other a white person, 
shall be guilty of araisdemea,nor, and on convic- 
tion be tined from two hundred to five hundred 
dollars, or imprisoned for three months, or both. 
Any officer or minister marrying such persons 
ehall be fined from five hundred to one thousand 
dollars, and imprisoned six mouths, or both. 

March t) — That among persons of color the pa- 
rent .shall be required to maintain his or her chil- 
dren, whether legitimate or illegitimate. That 
children shall be subjected to the same obliga- 
tions, in relation to their parents, as those which 
existing relation to white persons. That every 
colored child hereafter born, is declared to be 
the legitimate child of his mother, and also of his 
colored father, if acknowledged by such father. 
To Amend the Penal Code. 

March 12— The 4,435th section of the Penal 
Code shall read as follows : 

All persons wandering or strolling aliout in 
idleness, who are able to work, and who have 
no property to support them ; all persons lead- 
ing an idle, immoral, or profligate life, who 
have no property to support them, and are able 
to work and do not work ; all persons able to 
work having no visible and known means of a 
fair, honest, and reputable livelihood ; all per- 
sons having a fixed abode, who have no visible 
property to support them, and who live by steal- 
ing or by trading in, bartering for, or buying 
stolen property ; and all professional gamblers 
living in idleness, shall be deemed and consid- 
ered vagrants, and shall be indicted as such, and 
it shall be lawful for any person to arrest said 
vagrants and have them bound over for trial to 
the next term of the county court, and upon con- 
viction, they shall be fined and imprisoned or 
sentenced to work on the public works, for not 
longer than a year, or shall, in the discretion of 
the court, be bound out to some person for a 
time not longer than one year, upon such val- 
uable consideration as the court may prescribe ; 
the person giving bond in a sura not exceeding 
$300, payable to said court and conditioned to 
clothe and feed, and provide said convict with 
medical attendance for and during said time : 
Provided, That the defendant may, at any time, 
before conviction, be discharged, upon paying 
costs and giving bond and security in a sum not 
exceeding $200, payable to said court, and con- 
dition for the good behavior and industry of de- 
fendant for one year. 

March 8 — The wilful and malicious burning 
of an occupied dwelling-house of another on a 
farm, or plantation, or elsewhere, shall be pun- 
ished with death ; also burglary in the night ; 
also stealing a horse or mule, unless recom- 
mended by the jury to the mercy of the court. 



March 17— County courts organized, a imj 
other States, for hearing of " cases arising oj^g 
of the relation of master and servant," ant" 
Where such cases shall go against the ser^pta?' 
the judgment for costs upon written Uvjtice to 
the master shall operate as a garnishment against 
him, and he shall retain a sufficient amount for 
the payment thereof, out of any wages due to 
said servant, or to become due during theperiol 
of service, and may be cited at any time by the 
collecting officer to make answer thereto. 

March 17 — Sec. 1. That all negroes, mulat- 
toes, mestizoes, and their descendants having 
one eighth negro or African blood in their veins, 
shall be known in this State as "persons of 
color." 

2. That persons of color shall have the right 
to make and enforce contracts, to sue, be sued, 
to be parties and give evidence, to inherit, to 
purchase, lease, sell, hold, and convey real and 
personal property, and to have full and equal 
benefit of all laws and proceedings for the secu- 
rity of person and estate, and shall not be 
subjected to any other or difi'erent punishment, 
pain or penalty, for the commission of any act 
or offense, than such as are prescribed for white 
persons committing like acts or ofl'enses. 

March 20 — Crimes defined in certain sections 
named, as felonies are reduced below felonies, 
and all other crimes, punishable by fine or 
imprisonment or either, shall be likewise pun- 
ishable by a fine not exceeding $1,000, imprison- 
ment not exceeding six months, whipping not 
exceeding thirty-nine lashes, to work in a chain- 
gang on the public works not to exceed twelve 
months, and any one or more of these punish- 
ments may be ordered in the discretion of the 
judge. 

ALABAMA. 

December — Bill passed, " making it unlaw- 
ful for any freedmen, mulatto, or free person of 
color in this State to own fire-arms, or carry 
about his person a pistol or other deadly weapon,^' 
under a penalty of a fine of $100 or imprison- 
ment three months. Also, making it unlawful 
for any person to sell, give, or lend fire-arms ot 
ammunition of any description whatever to any 
freedman, free negro, or mulatto, under a penalty 
of not less than !*50 not more than $100 at the 
discretion of the jury. 

December 9 — This bill passed : That all freed- 
men, free negroes, and mulattoes, shall have the 
right to sue and be sued, plead and be impleaded 
in all the different and various courts of this 
State, to the same extent that white persons now 
have by law. And they shall be competent to 
testify only in open court, and only in cases in 
which freedmen, free negroes, and mulattoes 
are parties, either plaintiff or defendant, and in- 
civil or criminal cases, for injuries in the per- 
sons and property of freedmen, free negroes, and 
mulattoes, and in all cases, civil or criminal, in 
which a freedman, free negro, or mulatto, is a 
witness against a white person, or a white per- 
son against a freedman, free negro, or mulatto, 
the parties shall be competent witnesses, and 
neither interest in the question or suit, nor mar- 
riage, shall disqualify any witness from testify- 
ing in open court. 

1866, Febuary 16— A law was enacted, of 



B4 



POLITICAL MANUAL. 



\ 



\aw;(i h section 1 provi'los that it shall not be 
T.\o^ fill for any person to interfere with, hire, em- 
jc^rvii. or entice away, or induce to leave the 
tV, -.-ie cf another, any laborer or servant who 
-l,.ul nave stipulated or contracted, in writing, 
;<> serve For any given number of days, weeks, 
vv mouths, or for one year, so long as the said 
contract shall be and remain in force and bind- 
ing upon the parties thereto, without the con- 
sent of the part}' employing or to whom said 
service is due and owing in writing, or in the 
presence of some veritable white person; and 
liny person who shall knowingly interfere with, 
hire, employ, or entice away, or induce to leave 
the service aforesaid, witliout justifiable excuse 
therefor, before the expiration of said term of 
service so contracted and stipulated as afore- 
said, shall be guilty of a misdemeanor, and on 
conviction thereof, must be fined in such sum, 
not less than fifty nor more than five hundred 
dolhirs, as the jury trying the same may assess, 
iind in no case less than double tiie amount of 
ihe injur}' sustained by the party from whom 
^uch laborer or servant was induced to leave, 
0!ie-ha!f to go to the party injured and the 
3lher to the county as fines and forfeitures. 

^Kc. 2 provides that the party injured shall 
be a competent witness in all jirosecutions under 
■-his act, notwithstanding his interest in the fine 
to be assessed. 

Sec. 3 provides that when any laborer or ser- 
vant, having contracted as provided in the first 
fr.'Ction of this act, shall afterward be found, be- 
.ore the termination of said contract, in the 
service or employment of another, that fact 
"diall be prima facie evidence that such person 
is guilty of violation of this act, if he fail and 
refuse to forthwith discharge the said laborer 
or servant, after being notified and informed of 
iuch former contract and employment. 

A new penal code was adopted. 

The material changes introduced by the new 
penal code are briefly these : 

First. Whipping and branding are abolished, 
as legal punishments, and a new punishment is 
introduced, entitled " hard labor for the county." 
This " hard labor for the county " is put under the 
sontrol of the court of county commissioners, 
who are authorized to employ a superintendent 
of the convicts, to make regulations for their 
government and labor, to put them to work on 
the public roads, ljri(l;:;es, &c., or to hire them out 
to railroad companies or private individuals. 

Second. For all oii'ences which were heretofore 
punishable by fine, or by fine and imprisonment, 
either in the county jail or in the penitentiary, 
the jury may still impose a fine; to which the 
sourt, in its discretion, may superadd imprison- 
ment or hard labor, within specified limits in 
each case. 

Third. The dividing line between grand and 
petit larceny, is raised from twenty to one hun- 
dred dollars ; grand larceny being made a felony, 
that is, it may be punished by imjirisonment in 
the penitentiary ; while petit larceny is only a 
misdemeanor, punishable by fine, or by fine and 
imprisonment in the county jail. 

Fourth. A county court is established for the 
trial of misdemeanors. 

Fifth. Justices of the peace have jurisdiction 



of a few minor offences, such as vagrancy, lar- 
ceny of less than ten dollars, and assaults, 
affrays, &c., in which no weapon is used. The 
proceedings before them conform substantially 
to proceedings before the county court. 

The new code makes no distinction on account 
of color, only marriages between white persona 
and negroes are prohibited. It went into effect 
June 1, 1866. 

The Governor vetoed three bills referring to 
persons of color. See page 21 . 

SOUTH CAROLINA. 
An Act Preliminary to the Legislation induced 
by the Emancipation of Slaves, October 19, 
1865. 

Section 3 provides that all free negroes, mu- 
lattoes, and mestizoes, all freedwomen, and all 
descendants through either sex of any of these 
persons, shall be known as persons of color, ex- 
cept that every such descendant who may have 
of Caucasian blood seven eighths, or more, shall 
be deemed a white person. 

Sec. 4 provides that the statutes and regula- 
tions concerning slaves are now inapplicable to 
persons of color ; and although such persons are 
not entitled to social or political equality with 
white persons, they shall have the right to ac- 
quire, own, and dispose of property, to make 
contracts, to enjoy the fruits of their labor, to 
sue and be sued, and to receive jirotection under 
the law in their persons and property. 

Sec. 5 provides that all rights and remedies 
respecting persons or property, and all duties 
and liabilities under laws, civil and criminal, 
which apply to white persons, are extended to 
persons of color, subject to the modifications 
made by this act and tlie other acts hereinbefore 
mentioned. 

An Act to Amend the Criminal Law, December 
19, 1865. 

Section 1 provides that either of the crimes 
specified in this first section shall be felony, with- 
out benefit of clergy, to wit: For a person of 
color to commit any wilful homicide, unless in 
self-defence; for a person of color to commit an 
assault upon a white woman, with manifest in- 
tent to ravish her ; for a person of color to have 
sexual intercourse with a white woman by per- 
sonating her husband; for any person to raise 
an insurrection or rebellion in this State ; for 
any person to furnish arms or ammunition to 
other persons who are in a state of actual in- 
surrection or rebellion, or permit them to re- 
sort to his house for advancement of their 
evil purpose; for any person to administer, or 
cause to be take by any other person, any poi- 
son, chloroform, soporific, or other destructive 
thing, or to shoot at, stab, cut, or wound any 
other person, or by any moans whatsoever to 
cause bodily injury to any other person, wliere- 
by, in any of these cases, a bodily injury dan- 
gerous to the life of any other person is caused, 
with intent, in any of these cases, to commit the 
crime of murder, or the crime of rape, or the 
crime of robbery, burglary, or larceny; for any 
person wlio had been transported under sen- 
tence to return to this State within the period 
of prohibition contained in the sentence; or for 



LEGISLATION RESPECTING PREEDMEN. 



35 



a person to steal a horse or mule, or cotton 
packed in a bale readj^ for market. 

Sec. 10 provides that a person of color who 
is in the employment of a master engaged in 
husbandry shall not have the right to sell any 
corn, rice, peas, wheat, or other grain, any flour, 
cotton, fodder, hay, bacon, fresh meat of any 
kind, poultry of any kind, animal of any kind, 
or any other product of a farm, without having 
written evidence from sucli master, or some per- 
son authorized bj' him, or from the district judge 
or a magistrate, that he has the right to sell such 
product; and if any person shall, directly or 
indirectl}', purchase any such product from such 
person of color without sucli written evidence, 
the purchaser and seller shall each be guilty of 
a misdemeanor. 

Sec. 11 provides that it shall be a misde- 
meanor for any person not authorized to write 
or give to a person of color a writing which pro- 
fesses to show evidence of tlie right of that per- 
son of color to sell any product of a farm which, 
b}^ the section last preceding, he is forbidden to 
sell without written evidence; and any person 
convicted of this misdemeanor shall be liable to 
the same extent as the purchaser in the section 
last preceding is made liable ; and it shall be a 
misdemeanor for a person of color to exhibit as 
evidence of his right to sell any product a wri- 
ting which he knows to be false or counterfeited, 
or to have been written or given by any person 
not authorized. 

Sec. 13 states that persons of color consti- 
tute no part of the militia of the State, and no 
one of them shall, without permission in writing 
from the district judge or magistrate, be allowed 
to keep a fire-arm, sword, or other military 
weapon, except that one of them, who is the 
owner of a farm, may keep a shot-gun or rifle, 
such as is ordinarily used in hunting, but not a 
pistol, musket, or other fire-arm or weapon 
appropriate for purposes of war. The district 
judge or a magistrate may give an order, under 
which any weapon unlawfully kept may be 
seized and sold, the proceeds of sale to go into 
the district court fund. The possession of a 
weapon in violation of tliis act shall be a misde- 
meanor which shall be tried before a district 
court or a magistrate, and in case of conviction, 
shall be punished by a fine equal to twice the 
value of the weapon so unlawfully kept, and if 
that be not immediately paid, by corporeal pun- 
ishment. 

Sec. 14 provides that it shall not be lawful 
for a person of color to be the owner, in whole 
or in part, of any distillery where spirituous 
liquors of any kind are made, or of any estab- 
lishment where spirituous liquors of any kind 
are sold by retail ; nor for a person of color to 
be engaged in distilling any spirituous liquors. 
Or in retailing the same in a shop or elsewhere. 
A person of color who shall do anything con- 
trary to the prohibitions herein contained shall 
be guilty of a misdemeanor, and, upon convic- 
tion, may be punished by fine or corporeal 
punishment and hard labor, as to the district 
,iudge or magistrate before whom he may be 
iried shall seem meet. 

Sec. 22 provides that no person of color shall 
migrate into and reside in this State, unless, 



within twenty days after his arrival within the 
same, he shall enter into a bond, with two free- 
holders as sureties, to be approved by the judge 
of the district court or a magistrate, in a pen- 
alty of one thousand dollars, conditioned for 
his good behavior, and for his support, if he 
should become unable to support himself. 

Sec. 24 provides that when several persons ot 
color are convicted of one capital olfence, the 
jury which tries them may recommend one or 
more to mercy, for reasons which, in their opin- 
ion, mitigate the guilt ; the district judge shall 
report the case, with his opinion, and the Gov- 
ernor shall do in the matter as seems to him 
meet. The same maj'' be done when one only ia 
convicted of capital offence. Before sentence oi 
death shall be executed in any case, time foi 
application to the Governor shall be allowed. 

Sec. 27 provides that whenever, under any 
law, sentence imposing a fine is passed, if the 
fine and costs be not immediately paid, there 
shall be detention of the convict, ami substitu- 
tion of other punishment. If the oilence should 
not involve the crimen falsi, and be infamous, 
the substitution shall be, in the case of a white 
person, imprisonment for a time proportioned 
to the fine, at the rate of one day for each 
dollar ; and in the case of a person of color, en- 
forced labor, without unnecessary pain or 
restraint, for a time proportioned to the fine, at 
the rate of one day for each dollar. But if the 
offence should be infamous, there shall be sub- 
stituted for a fine, for imprisonment, or for both, 
hard labor, corporeal punishment, solitary con- 
finement, and confinement in tread-mill or 
stocks, one or more, at the discretion of the 
judge of the superior court, the district judge, 
or tlie magistrate, who pronounces the sentence. 
In this act, and in respect to all crimes and 
misdemeanors, the term servants shall be un- 
derstood to embrace an apprentice as well as a 
servant under contract. 

Sec. 29 provides that, upon view of a misde- 
meanor committed by a person of color, or by 
a white person toward a person of color, a mag- 
istrate may arrest the ottender, and, according 
to the nature of the case, punish the offender 
summarily, or bind him in recognizance with 
sufficient sureties to appear at the next monthly 
sitting of the district court, or commit him for 
trial before the district court. 

Sec. 30 provides that, upon view of a misde- 
meanor committed by a person of color, any 
person present may arrest the offender and take 
him before a magistrate, to be dealt with as the 
case may require. In case of a misdemeanor 
committed by a white person toward a person 
of color, any person may complain to a magis- 
trate, who shall cause the oifender to be ar- 
ressted, and, according to the nature of the case, 
to be brought before himself, or be taken for 
trial in the district court. 
An Act to establish District Courts, December 
19,1865. 

Courts are established to have " exclusive ju- 
risdfiition, subject to appeal, of all civil causes 
where one or both the parties are persons of color, 
and of all criminal cases wherein the accused 
is a person of color, and also of all cases of 
misdemeanors affecting the person or property 



36 



POLITICAL JIANUAL. 



of a person of color, and of all cases? of bas- 
tard}-, and of all cases of vagrancy, not tried 
before a magistrate." 

An indictment against a white person for 
tlie homicide of a person of color shall be tried 
in the superior court of law, and so shall other 
indictments in which a white person is accus'ed 
of a capital felony affecting the person or prop- 
erty of a person of color. 

In every case, civil and criminal, in which a 
person of color is a party, or which affects the 
person or property of a person of color, per- 
6ons of color shall be competent witnesses. 
The accused, in such a criminal case, and the 
parties in every such civil case, may be wit- 
nesses, and so may every other person who is a 
competent witness; and ^n every such case, 
either party may offer testimony as to his own 
character, or that of his adversary or of the 
prosecutor, or of the third person mentioned in 
an indictment. 

December 21 — " An act to establish and regu- 
late the domestic relations of persons of color, 
and to amend the law in relation to paupers and 
vagrancy" establishes the relation of husband 
and wife, declares thost now living as such to 
be husband and wife, and provides that persons 
of color desirous hereafter to marry shall have 
the contract duly solemnized. A parent may 
bind his child over two years of age as an ap- 
prentice to serve till 21 if a male, 18 if a fe- 
male. All persons of color who make contracts 
for service or labor shall be known as servants, 
and those with whom they contract as masters. 

" Colored children beuveen 18 and 21, who 
have neither father nor mother living in the dis- 
trict in which they are found, or whose parents 
are paupers, or unable to afford them a com- 
fortable maintenance, or whose parents are not 
teaching them habits of industry and honesty, 
or are persons of notoriously bad character, or 
are vagrants, or have been convicted of infamous 
offences, and colored children, in all cases where 
they are in danger of moral contamination, may 
be bound as apprentices by the district judge or 
one of the magistrates for the aforesaid term." 

It " provides that no person of color shall 
pursue or practice the art, trade, or business of 
an artisan, mechanic, or shopkeeper, or any 
other trade, employment, or business, (besides 
that of husbandry, or that of a servant under 
a contract for service or labor,) on his own ac- 
count and for his own benefit, or in partnership 
with a white person, or as agent or servant of 
any person, until he shall have obtained a li- 
cense therefor from the judge of the district 
court, which license sliall bo good for one year 
only. This license the judge may grant upon 
petition of the applicant, and upon being sat- 
Lsfied of his pkiU and fitness, and of his good 
moral cliaracter, and upon payment by the ap- 
plicant to the clerk of the district court of one 
hundred dollars if a shopkeeper or pedlar, to be 
paid annually, and ten dollars if a mechanic, 
artisan, or to engage in any other trade, also to 
bepaid annually : Provided, however, That upon 
complaint being made and proved to the district 
judge of an abuse of such license, he shall re- 
voke the same : And provided, also, Tliat no 
person of color shall practice any mechanical 



art or trade unless he shows that he has served an 
apprenticeship in such trade or art, or is now 
practicing sucli trade or art." 

Former slaves, now helpless, who were on a 
farm Nov. 10,1865 and six months previous shall 
not be evicted by the owner from the house oc- 
cupied by them before January '1, 1867. 

It "provides that if the district court fund, 
after payment of the sums with wliich it is 
charged, on account of the salary of the judge 
of tlie district court, superintendent of convicts, 
jurors, and other expenses of the court and of 
convicts, shall be insufficient to support indigent 
persons of color, v/ho may be proper charges on 
the public, the board aforesaid shall have power 
to impose for that purpose, whenever it may be 
required, a tax of one dollar on each male per- 
son of color between the ages of eighteen and 
fifty years, and fiftj'- cents on eacli unmarried 
female person of color between the ages of 
eighteen and forty-five, to be collected in each 
precinct by a magistrate thereof : Provided, That 
the said imposinon of a tax shall be approved 
in writing oy the judge of the district court, 
and that his approval shall appear in the jour- 
nals of that court." 

Order of General Sickles, disregarding the Code, 
January 17, 1866. 

1866, January 17 — Major General Sickles is- 
sued this order : 

Headq'es Dep't of South Carolina, 
January 17, 1866. 

[G. 0., No. 1.]— I. To the end that civil rights 
and immunities may be enjoyed ; that kindly re- 
lations among the inhabitants of the State may 
be established ; that the rights and duties of the 
employer and the free laborer respectively may 
be defined ; that the soil may be cultivated and 
the system of free labor undertaken ; that the 
owners of estates may be secure in the possession 
of their lands and tenements ; that persons able 
and willing to work may have employment ; 
that idleness and vagrancy may be discounte- 
nanced, and encouragement given to industry 
and thrift ; and that humane provision may be 
made for tlie aged, infirm and destitute, the fol- 
lowing regulations are established for the gov- 
ernment of all concerned in this department. 

II. All laws shall be applicable alike to all 
the inhabitants. No per.son shall be licld in- 
competent to sue, make complaint, or to testify, 
because of color or caste. 

III. All the employments of husbandry or 
the useful arts, and all lawful trades or callings, 
may be followed by all persons, irrespective oi 
color or caste ; nor shall any freedman be obliged 
to pay any tax or any fee for a license, nor be 
amenable to any municipal or parish ordinance, 
not imposed upon all other persons. 

IV. The lawful industry of all persons who 
live under the protection of the United States, 
and owe obedience to its laws, being useful to 
the individual, and essential to the welfare ol 
society, no person will be restrained from seek- 
ing employment when not bound by voluntary 
agreement, nor hindered from traveling from 
place to place, on lawful business. All combi- 
nations or agreements which are intended to 

j hinder, or may so operate as to hinder, in any 



LEGISLATION RESPECTING FREEDMEN. 



37 



way, the employment of labor — or to limitrom- 
pensation for labor — or to compel labor to be 
mvolimtarily performed in certain places or for 
certain persons; as well as all combinations or 
agreements to prevent the sale or hire of lands 
or tenements, are declared to be misdemeanors; 
and any person or persons convicted thereof 
shall be" punished by fine not exceeding $500, or 
by imprisonment, not to exceed six months, or 
by both such fine and imprisonment. 

V. Agreements for labor or personal service of 
any kind, or for the use and occupation of lands 
and tenements, or for any other lawful purpose, 
between freedmen and other persons, when fairly 
made, will be immediately enforced against 
either party violating the same. 

VI. Freed persons, unable to labor, by reason 
of age or infirmity, and orphan chihlren of 
tender years, shall have allotted to them by 
owners siutable quarters on the premises where 
thev have been heretofore domicili^d as slaves, 
until adequate provision, approved by the gene- 
ral commanding, be made for them by the State 
or local authorities, or otherwise ; and they shall 
not be removed from the premises, unless for 
disorderly behavior, misdemeanor, or other of- 
fence committed by the head of a family or a 
member tliereof. 

VII. Ablp-bodied freedmen, when they leave 
the premises in which they may be domiciled, 
shall take with them and provide for such of 
their relatives as by the laws of South Caro- 
lina all citizens are obliged to maintain. 

A^III. When a freed person, domiciled on a 
plantation, refuses to work there, after having 
been otfered employment by the owner or lessee, 
on fair terais, approved by the ag^nt of the 
Freedmen's Bureau, such freedman or woman 
shall remove from the premises within ten days 
after such offer and due notice to remove by 
the owner or occupant. 

IX. AVhen able-bodied freed persons are do- 
miciled on premises where they have been here- 
tofore held as slaves, and are not employed 
thereon or elsewhere, they shall be permitted to 
remain, on showing to tns satisfaction of the 
commanding officer of the post that they have 
made diligent and proper efforts to obtain em- 
plo3'ment. 

X. Freed persons occupying premises without 
the authority of' the United States, or the per- 
mission of the owner, and who have not been 
heretofore held there as slaves, may be removed 
by the commanding officer of the post, on the 
complaint of the owner, and proof of the refusal 
of said freed persons to remove after ten days' 
notice 

XI. Any person employed or domiciled on a 
plantation or elsewhere, who may be rightfully 
dismissed by the terms of agreement, or expelled 
for misbehavior, shall leave the premises, and 
shall not return without the consent of the owner 
or tenant thereof. 

XII. Commanding officers of districts will es- 
*.ablish wiihin their commands respectively suit- 
aule regulations for hiring out to labor, for a 
period not to exceed one year, all vagrants who 
cannot be advantageously employed on roads, 
fortifications and other public works. The pro- 
ceeds 01 such labor shall be paid over to the as- 



sistant commissioner of the Freedmen's Bureau, 
to provide for aged and infirm refugees, indigent 
freed people and orphan children. 

XIII. The vagrant laws of the State of South 
Carolina, applicable to free white persons, will 
be recognized as the only vagrant laws applica- 
ble to the freedmen ; nevertheless, such laws > 
shall not be considered applicable to persons 
who are without employment, if they shall prove 
that they have been unable to obtain employ- 
ment, after diligent efforts to do so. 

XIV. It shall be theduty of officers command- 
ing pjosts to see that issues of rations to freed- 
men are confined to destitute persons who are 
unable to work because of infirmities arisino 
from old age or chronic diseases, orphan chil- 
dren too young to work, and refugee freedmen 
returning to their homes with the sanction oi 
the proper authorities ; and in ordering their 
issues, commanding officers will be careful not to 
encourage idleness or vagrancy. District com- 
manders will make consolidated reports of these 
issues tri-raonthly. 

XV. The proper authorities of the State in 
the several municipalities and districts shall pro- 
ceed to make suitable provision for their poor, 
without distinction of color; in dufaultof which 
the general commanding will levy an equitable 
tax on persons and property sufficient for the 
support of the poor. 

XVI. The constitutional rights of all loyal 
and well-disposed inhabitants to bear arms will 
not be infringed; nevertheless this shall not be 
construed to sanction the unlawful practice of 
carrying concealed weapons, nor to authorize 
any person to enter with arms on tjie premises 
of another against his consent. No one shall 
bear arms v^ho has borne arms against the Uni- 
ted States, unless he shall have taken the am- 
nesty oath prescribed in the proclamation of the 
President of the United States, dated May 20, 
1865, or the oath of allegiance, prescribed in the 
j.roclamation of the President, dated December 
S, lyeS, within the time prescribed therein. 
.Vnd no disorderly person, vagrant, or disturber 
..f t!;e peace, shall be allowed to bear arms. 

XVII. To secure the same equal justice and 
^^ersonal liberty to the freedmen as to oiher m- 
■labitants, no penalties or pu'.iishrnents different 
;rom those to which all per.'^ons are amenable 
<liall be imposed on freed people; and all crimes 
and offences which are prohioited under existing 
;aws shall be understood as prohibited in tha 
rase of freedmen ; and if committed by a freed- 
man, shall, upon conviction, be punished in ihe 
same manner as if committed by a white man. 

XVII. Corporeal punishment shall not be in- 
flicted upon any person other than a minor, and 
then only by the pareut, guardian, teacher, or 
one to whom said minor is lawfully bound by 
indenture of apprenticeship. 

XIX. Persons whose conduct tends to a brpa^-fi 
of the peace may be required to give secui'itv 
for their good behavior, and in default tliereoi 
shall be held in custody. 

XX. All injuries to the person or property 
committed by or upon freed persons shall be 
punished in the manner provided by tne law3 
of South Carolina for like injuries to the per- 
.-^ons or propertv of citizens thereof. It no pro- 



83 



POLITICAL MANUAL. 



''ision be made by the laws of the State, then 
the punishment for such offences shall be accord- 
ing to the course of common law ; and in the 
case of any injury to the person or property, 
not prohibited by the common law, or for which 
the punishment shall not be appropriate, such 
sentence shall be imposed as, in the discretion 
of the court before which the trial is had, shall 
be deemed proper, subject to the approval of the 
general commanding. 

XXI. All arrests for whatever cause will be 
reported tri-monthly, with the proceedings 
thereupon, through the prescribed channel, to 
the general commanding. 

XXII. Commanding oiBcers of districts, sub- 
districts, and posts, within their commands re- 
spectively, in the absence of the duly-appointed 
agent, will perform any duty appertaining to 
the ordinary agents of the Bureau of Refugees, 
Freedmen, and Abandoned Lands, carefully ob- 
serving for their guidance all orders published 
by the commissioner or assistant commissioner, 
or other competent authority. 

XXIII. Di-strict commanders will enforce 
these regulations by suitable instructions to 
sub-district and post commanders, taking care 
that justice be done, that fair dealing between 
man and man be observed, and that no unneces- 
sary hardship, and no cruel or unusual punish- 
ments be imposed upon any one. 

By command of D. E. Sickles, Major Gen- 
eral. 
Official: W. L. M. Burger, 

Assistant Adjutant General. 

FLORIDA. 

&.I1 Act to Establish and Organize a County 
Criminal Court, January 11, 1866. 

Sec. 1 gives the court jurisdiction in cases of 
assault, assault and battery, assault with intent 
to kill, riot, affray, larceny, robbery, arson, burg- 
lary, malicious mischief, vagrancy, and all mis- 
demeanors, and all offences against religion, chas- 
tity, morality, and decency: Provided, That the 
punishment of the same does not affect the life 
of the offender. The Governor to appoint the 
judge. In the proceedings, " no presentment, in- 
dictment, or written pleadings, shall be required." 
Where a fine is imposed, and not paid, the party 
may be put to such labor as the county commis- 
sioner may direct, the compensation for which to 
go in payment of the fine and cost of ])rosecu- 
tion ; " or the said county commissioner may 
hire out, at public outcrj'-, the said party 
to any person who will take him or her for the 
shortest time, and pay the fine, forfeiture, and 
penalty imposed, and cost of prosecution." 

An Act to Extend to all the Inhabitants of the 
State the Benefit of Courts of Justice, and tho 
Processes thereof, January 11, 1803. 

Sec. 1 provides that the judicial tribunals of 
this State, with the processes thereof, shall be 
accessible to all tho inhabitants of the State, 
without distinction of color, for the prosecution 
and defence of all the rights of person and prop- 
erty, subject only to the restrictions contained in 
the constitution of tho State. 

Sec. 2 provides that all laws heretofore passed, 
with reference to slaves, free negroes, and mu- 



lattoes, except the act to prevent their migi'ation 
into the State, and the act prohibiting the sale 
of fire-arms and ammunition to them, be, and 
the same are hereby, repealed ; and all thecrimi- 
nal laws of this State applicable to white per- 
sons now in force, and not in conflict with, or 
modified by, the legislation of the present session 
of the General Assembly, shall be deemed and 
held to apply equally to all the inhabitants of 
the same without distinction of color. 

An act to Establish and Enforce the Marriago 
Relation between Persons of Color, January 11, 
1866. 

Sec 1 requires all the colored inhabitants, 
claiming to be living together in the relation of 
husband and wife, and who have not been joined 
as such agreeably to the laws, and who shall 
mutually desire to continue in that relation, 
within nine months from the passage of this act, 
to appear before some person legally authorized 
to perform the marriage ceremony, and be regu- 
larly joined in the holy bonds of matrimony. 

Sec. 2 provides that the issue of such prior 
cohabitation shall be legitimated by the act of 
marriage so regularly contracted as aforesaid, 
and be thenceforth entitled to all the rights and 
privileges of a legitimate offspring. 

Sec. 5 provides that after the expiration of 
the time limited in the first section, all laws ap- 
plicable to or regulating the marriage relation 
between white persons shall deemed to apply to 
the same relation between the colored population 
of the State. 

An Act in Addition to An Act concerning Mar- 
riago Licenses. January 13, 136G. 

Sec. 1 provides that if any white female res- 
ident shall hereafter attempt to intermarry, or 
shall live in a state of adultery or fornication, 
with any negro, mulatto, or other person of 
color, she shall be deemed to be guilty of a mis- 
demeanor, and upon conviction shall be fined 
in a sum not exceeding one thousand dollars, or 
be confined in the public jail not exceeding 
three months, or both, at the discretion of the 
jury ; and shall, moreover, be disqualified to 
testify as a witness against any white person. 

Sec. 2 provides that if any negro, mulatto, or 
other person of color, shall hereafter live in a 
state of adultery or fornication with any white 
female resident within the limits of this State, 
heshall be deemed to be guilty of a misdemeanor, 
and upon conviction shall be fined in a sura 
not exceeding one thousand dollars, or be made 
to stand in the pillory for one hour and be whip- 
ped not exceeding thirty-nine stripes, or both, 
at tho discretion of the jury. 

Sec. 3 provides that every y^erson who shall 
have one eighth or more of negro blood shall be 
deemed and held to be a person of color. 

Sec. 4 provides that in existing cases, upon 
petition to the circuit judge, parlies coming 
witliin the provisions of this act and liable to 
be punished under the same, may by order and 
judgment of said judge be relieved from the 
penalties thereof, when in his opinion justice 
and equity shall so require. 

Sec. 5 provides that in all cases where mar- 
riages have heretofore been contracted and 
solemnized between white persons and persons of 



LEGISLATION RESPECTING FREEDMEN. 



39 



color, and where the parties have continued to 
live as man and wife, the said marriages are 
hereby legalized, and neither of the parties 
shall be subject to the provisions of this or of 
any other act. 

An Act to Require the Children of Destitute Per- 
sons to Provide for the Support of said Per- 
sons, January 11, 1866. 

Sec. 1 requires the children of natural parents 
who are unable to support themselves to make 
provision for their support. In case of neglect, 
and proof before a justice of the peace or judge, 
^ that officer shall make an order of assessment 
on the children for the necessary amount, which 
order shall carry with it the right of enforce- 
ment by execution, and shall have the force of a 
writ of garnishment on the wages of such 
children. 

An Act to Punish Vagrants and Vagabonds, 
January 12, 1866. 

Sec. 1. Defines as a vagrant " every able- 
bodied person why has no visible means of liv- 
ing and shall not be employed at some labor to 
support himself or herself, or shall be leading an 
idle, immoral, or profligate course of life;" and 
may be arrested by any justice of the peace or 
judge of the county criminal court and be bound 
"in sufficient surety" for good behavior and 
future industry for one year. Upon refusing 
or failing to give such security, he or she may 
be committed for trial, and if convicted sen- 
tenced to labor or imprisonment not exceeding 
twelve months, by whipping not exceeding 
thirty-nine stripes, or being put in the pillory. 
If sentenced to labor, the "sheriff or other officer 
of said court shall hire out such person for the 
term to which he or she shall be sentenced, not 
exceeding twelve months aforesaid, and the 
proceeds of such hiring shall be paid into the 
county treasury." All vagrants going armed 
may be disarmed by the sheriff, constable, or 
police officer. 

An Act in Relation to Contracts of Persons of 
Color, January 12, 1886. 

Sec. 1 Provides that all contracts with per- 
sons of color shall be made in writing and 
fully explained to them before two credible wit- 
nesses, which contract shall be in duplicate, one 
copy to be retained by the employer and the 
other filed with some judicial officer of the State 
and county in which the parties may be residing 
at the date of the contract, with the affidavit of 
one or both witnesses, setting forth that the 
terms and effect of such contract were fully ex- 
plained to the colored person, and that he, she, 
or they had voluntarily entered into and signed 
the contract and no contract shall be of any 
validity against a.ny person of color unless so 
executed and filed: Provided, That contracts for 
service or labor may be made for less time than 
thirty days by parol. 

Sec. 2 Provides, that whereas is is essential 
to the welfare and prosperity of the entire popu- 
lation of the State that the agricultural interest 
be sustained and ]ilaced upon a permanent basis, 
it is provided that when any person of color 
shall enter into a contract as aforesaid, to serve 
as a laborer for a year, or any other specified 



term, on any farm or plantation in this State, if 
he shall refuse or neglect to perform the stipu- 
lations of his contract by wilful disobedience of 
orders, wanton impudence or disrespect to his 
employer, or his authorized agent, failure or 
refusal to perform the work assigned to him, 
idleness, or abandonment of the premises or tho 
employment of the party with whom the con- 
tract was made, he or she shall be liable, upon 
the complaint of his employer or his agent, 
made under oath before any justice of the peace 
of the county, to be arrested and tried before 
the criminal court of the county, and upon con- 
viction shall be subject to all the pains and 
penalties prescribed for the punishment oi va- 
grancy : Provided, That it shall be optional witn 
the employer to require tliat such laborer be 
remanded to his service, instead of being sub- 
jected to the punishment aforesaid : Provided, 
further. That if it shall on such trial appear 
that the complaint made is not well founded, 
tlie court shall dismiss such complaint, and give 
judgment in favor of such laborer against the 
employer, for such sum as may appear to be 
due under the contract, and for such damages 
as may be assessed by the jury. 

Sec. 3 provides that when any employe as 
aforesaid shall be in the occupancy of any house 
or room on the premises of the employer by 
virtue of his contract to labor, and he shall be 
adjudged to have violated his contract ; or when 
any emploj'6 as aforesaid shall attempt to hold 
possession of such house or room beyond the 
term of his contract, against the consent of the 
employer, it shall be the duty of the judge of 
the criminal court, upon the application of the 
employer, and due proof made before liim, to 
issue his writ to the sherifl' of the court, com- 
manding him forthwith to eject the said em- 
ploye and to put the employer into full possession 
the premises : Provided, Three days' previous 
notice shall be given to the employe of the day 
of trial. 

Sec. 4 provides that if any person employing 
the services or labor of another, under contract 
entered into as aforesaid, shall violate his contract 
by refusing or neglecting to pay the stipulated 
wages or compensation agreed upon, or anypart 
thereof, or by turning off the employe before 
the expiration of the term, unless for sufficient 
cause, or unless such right is reserved by the 
contract, the party so employed may make com- 
plaint thereof before the judge of the criminal 
court, who shall at an early day, on reasonable 
notice to the other party, cause the same to be 
tried by a jury summoned for the purpose, who, 
in addition to the amount that may be proved 
to be due under the contract, may give such 
damages as they in their discretion may deem to 
be right and proper, and the judgment thereon 
shall be a first lien on the crops of all kinds in 
the cultivation of which such labor may have 
been employed: Provided, That either party 
shall be entitled to an appeal to the circuit court, 
as in case of appeal from justices of tl'e peace 

Sec. 5 provides that if any person snail entice, 
induce, or otherwise persuade any laborer or 
employe to quit the service of another to which 
he was bound by contract, before hhe expiration 
of tho term of service stipulated in said contract, 



40 



POLITICAL MANUAL. 



he shall be pnilty of a misdemeanor, and upon 
conviction sliall he fined in a sum not exceeding 
one thous^and dollars, or shall stand in the pillo- 
ry not more than three hours, or be whipped 
not more than thirty-nine stripes on the bare 
back, at the discretion of the jury. 

Sec. 6 applies the provisions of this.act to all 
contracts between emj)loyers and employes re- 
lating to the lumber, rafting, or milling business, 
and to all otlier contracts with persons of color 
to do labor and to perform service. 
An Act prescribing additional Penalties for the 

Commission of Offences against the State, and 

for other purposes, January 15, 1866. 

Sec. 1 provides that whenever in the criminal 
laws of this State, heretofore enacted, the pun- 
ishment of the offence is limited to fine and im- 
prisonment, or to fine or imprisonment, there 
shall be superadded, as an alternative, the pun- 
ishment of standing in the pillory for an hour, 
or wliipping not exceeding thirty-nine stripes on 
the bare back, or both, at the discretion of the 
jury. 

Sec. 3 makes a felony, punishable with 
death, the exciting, or attempting to excite, by 
writing, speaking, or by other means, an insur- 
rection or sedition amongst any portion or class 
of the population. 

Sec. 12 makes it unlawful for any negro, 
mulatto, or person of color to own, use, or keep 
in possession or under control any bowie-knife, 
dirk, sword, fire-arms, or ammunition of any 
kind, unless by license of the county judge of 
probate, under a penalty of forfeiting them to the 
informer, and of standing in the pillory one hour, 
or be whipped not exceeding thirty-nine stripes, 
or both, at tlie discretion of the jury. 

Sec. 14 forbids colored and white persons 
respectively from intruding upon each other's 
public assemblies, religious or other, or public 
vehicle set apart for their exclusive use, under 
punishment of pillory or stripes, or both. 

Sec. 15 provides that persons forming a mili- 
tary organization not authorized by law, or 
aiding or abetting it, shall be fined not exceed 
ing $1,000 and imprisonment not exceeding six 
months, or be pilloried for one hour, and be 
wliipped not exceeding thirty-nine stripes, at the 
discretion of the jury — the penalties to be three- 
fold upon persons who accepted offices in such 
organizations. 

Sec. 19 prohibits any person from hunting 
within tlie enclosure of another without his con- 
sent, under penalty of a fine of $1,000, or im- 
prisonment not exceeding six montlis, or t!ie 
pillory for one hour, and being whipped not 
exceeding thirty-nine stripes. So, if a person 
takes, rides, or uses any horse, mule, ass, or ox, 
without the consent of the owner, whether the 
■person so using is in the employ of the owner or 
not: 80, by Sec. 17, if a person shall move 
into any tenant liouse or other building without 
leave of the person in charge, or illegally take 
possession of any church or school-house, educa- 
tional or charitable building, or cut down trees 
exceeding $1 in value, with a view to convert 
the same to his own use. Burglary is punisha- 
ble with death, or fine of $1,000 and imj)rison- 
ment not exceeding six months, or standing in 
the pillory one hour, and being whipped not 



exceeding thirty-nine stripes. An assault upon 
a white female, with intent to commit a rape, or 
being accessory thereto, is punishable with death. 

An Act Prescribing additional Penalties for the 
Commission of Offenses ag&inst the State, Jan- 
uary 15, 1866. 

Sec. 12 provides ihat it shall not be lawful for 
any negro, mulatto, or other person of color, to 
own, use, or keep in his possession or under his 
control any bowie-knife, dirk, sword, fire-arms, 
or ammunition of any kind, unless he first ob- 
tain a license to do so from the judge of pro- 
bate of the county in wliich he may be a resi- 
dent for the time being ; and the said judge of 
probate is hereby authorized to issue license, 
upon the recommendation of two respectable 
citizens of the county, certifying to the peace- 
ful and orderly character of the applicant ; and 
any negro, mulatto, or other person of color, so 
offending, shall be deemed to be guilt}' of a mis- 
demeanor, and upon conviction shall forfeit to 
the use of the informer all such fire-arms and 
ammunition, and in addition thereto, shall be 
sentenced to stand in the pillory for one hour, 
or be whipped, not exceeding thirty-nine stripes, 
or both, at the discretion of the jury. 

Sec. 14 provides that if any negro, mulatto, 
or other person of color, shall intrude liimself 
into any religious or other public assembly of 
white persons, or into any railroad car or other 
public vehicle set apart for the exclusive accom- 
modation of white people, he shall be deemed 
to be guilty of a misdemeanor, and upon con- 
viction shall be sentenced to stand in the pil- 
lory for one hour, or be whipped, not exceeding 
thirty-nine stripes, or both, at the discretion of 
the jur}- ; nor shall it be lawful for any white per- 
son to intrude himself into any religious or 
other public assembly of colored persons, or 
into any railroad car or other public vehicle, 
set apart for the exclusive accommodation of per- 
sons of color, under the same penalties. 

An Act to Raise a Revenue for the State ol 
Florida, January 16, 1866. 

Section 1 imposes a yearly capitation tax ol 
three dollars upon every male inhabitant be- 
tween twenty-one and fifty-five, except paupers 
and insane or idiotic persons. In default of 
payment the tax collector is hereby authorized 
and required to seize the body of the said delin- 
quent and hire him out, after five days' public 
notice, before the door of the public court-house, 
to any person who will pay tiie said tax and the 
costs incident to the proceedings growing out of 
said arrest, and take him into his service for tlie 
sliortest period of time : Provided, That if said 
delinquent be in the employment of another the 
said employer may pay the tax and costs, and 
the said paj-ment snail be good as a credit 
against the amount that may be due by the em- 
ployer as wages to the said delinquent. 

An Act Concerning Schools for Freedmen, Jan- 
uary 16, 1866. 

Provision is maile for schools for freedmen — 
supported by a tax of one dollar upon all male 
persons of color between tweniy-one and fifty- 
five, and a tuition fee to be collected from each 
pupil — the schools to be in charge of a superin- 
tendent and assistants; no person to teach with- 



LEGISLATION RESPECTING FREEDMEN. 



41 



out a certificate ; and the fee, five dollars, to go to 
the school fund for freedmen, and the certificate 
good for one year, subject to be cancelled by the 
euperintendent for incompetency, immorality or 
other sufficient cause. The superintendent "to 
establish schools for freedmen when the number 
of children of persons of color in any county or 
counties will warrant the same : Provided, The 
funds provided for shall be sufficient to meet the 
expenses thereof" 

By another act, the interest from the school 
fund of the State is applied to the education of 
indigent wliite children. 

An Act concerning Testimony, January 16, 1866. 

Section 3 provides that this act shall not be 
construed to authorize the testimony of colored 
persons to be taken by depjositions in writing or 
upon written interrogat(a''es, otherwise than in 
such manner as will enable the court or jury to 
judge of the credibility of the witness. 

VIRGINIA. 

These are some of the provisions in the re- 
cently-enacted laws of Virginia respecting col- 
ored persons : 

That no contract between a white person and 
a colored person, for the labor or service of the 
latter for a longer period than two months, shall 
be binding on such colored person, unless the 
contract be in writing, signed by such white per- 
son or his agent and by such colored person, and 
duly acknowledged before a justice or notary 
public, or clerk of the county or corporation 
court, or overseer of the poor, or two or more 
credible witnesses, in the county or corporation 
court in which the white person may reside, or 
in which the labor or service it to be performed. 
And it shall be the duty of the justice, notary, 
clerk or overseer of the poor, or the witnesses, 
to read and explain the contract to the colored 
person, before taking his acknowledgment there- 
of, and to state that this has been done in the 
certificate of acknowledgment of the contract. 

"§ 5. The writing by which any minor is 
bound an apprentice, shall specify his age, and 
what art, trade, or business he is to be tau,i;ht. 
Tlie master, whether it is expressly provided 
therein or not, shall be bound to teach him the 
same, and shall also be bound to teach him read- 
ing, writing, and common arithmetic, including 
the rule of three." 

Tlie marital relation between colored persons 
is regulated by law. The colored person must 
fjrocure a license the same as the whites, and 
persons celebrating a marriage are obliged to re- 
port it to the county clerks, and wliether white 
or colored. 

Where colored persons, before the passage of 
this act, shall have undertaken and agreed to 
occupy the relation to each otlier of husband 
and wife, and shall be cohabiting together as 
such at the time of its passage, whetlier the rites of 
marriage shall have been celebrated between them 
or not, they shall be deemed husband and wife, 
and be entitled to the rights and privileges, and 
suiiject to the duties and obligations, of that re- 
lation in like manner as if they had been duly 
married, and all their children shall be deemed 
legitimate, whether born before or after the pass- 



age of this act. And when the parties havo 
ceased to cohabit before the passage of tliis act, 
in consequence of the death of tlie woman, or 
from any other cause, all the children of the 
woman, recognized by the man to be his, shall 
be deemed legitimate. 

Bigamy, too, is punished in the case cf the 
negro as of the white person, and also inter- 
marriage within the prohibited degrees. And 
all persons officiating in the rites of marriage 
without due authority of law are punished by fino 
and imprisonment. 

Under the old code these provisions applied 
only to white persons. 

Be it enacted, That every person having one 
fourth or more of negro blood shall be deemed 
a colored person, and every person not a colored 
person having one fourth or more of Indian 
blood shall be deemed an Indian. 

2. All laws in respect to crimes and punish- 
ments, and in respect to criminal jiroceedings, 
applicable to white persons, shall apply in like 
manner to colored persons and to Indians, unless 
v.'hen it is otherwise specially provided. 

3. The following acts and parts of acts aro 
hereby repealed, namely : All acts and parts of 
acts relating to slaves and slavery; chapter one 
hundred and seven of the code of eighteen hun- 
dred and sixty, relating to free negroes ; chapter 
two hundred of said code relating to offences by 
negroes ; chapter two hundred and twelve of 
said code, relating to proceedings against ne- 
groes ; chapter ninety-eight of said code, relat- 
ing to patrols ; sections twenty-five to forty- 
seven, both inclusive, of chapter one hundred 
ninety-two of said code ; sections twenty-six to 
thirty, both inclusive, and sections thirty-three 
to thirty-seven, both inclusive, of chapter one 
hundred and ninety-eight of said code ; the fifth 
paragraph, as enumerated in section two of chap- 
ter two hundred and three, of said code ; all acts 
and parts of acts imposing on negroes the pen- 
alty of stripes, where the same penalty is not 
imposed on white persons ; and all other acts 
and parts of acts inconsistent with this act are 
hereby repealed. 

January 24 — General Terry issued this order: 

The Virginia Vagrant Act— General Terry orders 
its Non-Enforcement. 

general orders — no 4. 
Headquarters, Department of Va., 
Richmond, January 24, 1866. 
By a statute passed at the present session of 
the Legislature of Virginia, entitled " A bill 
providing for the punishment of vagrants," it 
is enacted, among other things, that any jus- 
tice of the peace, upon the complaint of any cue 
of certain officers therein named, may issue hi."? 
warrant for the apprehension of any person al- 
leged to be a vagrant and cause such person to 
be apprehended and brought before him ; and 
that if upon due examination said justice of tho 
peace shall find that such person is a vagrant 
within the definition of vagrancy contained in 
said statute, he shall issue his vrarrant, directing 
such person to be employed for a term not ex- 
ceeding three months, and by any constable of 
the county wherein the proceedings are had ho 
hired out for the best wages which can be pro- 



42 



POLITICAL MANUAL. 



cnred, his wages to he applied to the support of 
hirasell" and his family. The said statute further 
provides, that in case any vagrant so hired 
ehall, during his term of service, run away from 
his employer without sufficient cause, he shall 
be apprehended on the warrant of a justice of 
the peace and returned to the custody of his 
employer, who shall then have, free from any 
other hire, tlie services of such vagrant for one 
month in addition to the original terms of hiring, 
and that the employer shall tlien have power, 
if authorized by a justice of the peace, to work 
such vagrant with ball and chain. The said 
statute specifies the persons who shall be con- 
sidered vagrants and liable to the penalties im- 
posed by it. Among those declared to be 
vagrants are all persons who, not having tlie 
wherewith to support their families, live idly 
and witir.out employment, and refuse to work 
for the u.sual and common wages given to other 
laborers in the like work in the place where 
they are. 

In many counties of this State meetings of 
employers have been held, and unjust and 
wrongful combinations have been entered into 
for the purpose of depressing the wages of the 
freedmen below the real value of their labor, 
far below the prices formerly paid to masters 
for labor performed by their slaves. By reason 
of these combinations wages utterly inadequate 
to the support of themsalves and families have, 
in many places, become the usuil and common 
wages of the freedmen. The effect of the statute 
in question will be, therefore, to compel the 
freedmen, under penalty of punishment as 
criminals, to accept and labor for the wages es- 
tablished by these combinations of employers. 
It places them wholly in the power of their em- 
ployers, and it is easy to foresee that, even 
where no such combination now exists, the 
temptation to form them offered by the statute 
will l>e too strong to be resisted, and that such 
inadequate wages will become the common and 
usual wages throughout the State. The ulti- 
mate effect of the statute will be to reduce the 
freedmen to a condition of servitude worse than 
that from which they have been emancipated — 
<i condition which will be slavery in all but its 
name. 

It is therefore ordered that no magistrate, 
civil officer or otiier person shall in any way or 
manner apply or attempt to apply tlie provis- 
ions of said statute to any colored person in 
this department. 

By command of Major General A. II. Terky, 
Ed. W. Smitu, Assistant Adjutant General. 

January 2G — President Johnson refused to 
interfere witli this order. The Legislature took 
no furtlior action on tlie question. 

February 2S — This bill passed in relation to 
the testimony of colored persons : 

Be it enai.ted, That colored persons and Indi- 
ans shall, if otiierwiso competent, and subject 
to tho rules applicable to other persons, bo 
admitted ai witnesses in the following cases : 

1. In all civil cases and proceedings at law or 
in equity, in wliich a colored person or an Indian 
is a party, or may be directly benefited or in- 
jured liy tho result. 

2. In all criminal proceedings in which i\ 



colored person or an Indian is a party, or which 
arise out of an injury done, attempted, or 
threatened to the person, property, or rights of 
a colored person or Indian, or in which it is 
alleged in the presentment, information, or in- 
dictments, or in which the court is of opinion 
from the oilier evidence that there is probable 
cause to believe that the offence was committed 
by a white person in conjunction or co-operation 
with a colored person or Indian. 

3. The testimony of colored persons shall, in 
all cases and proceedings, both at law and in 
equity, be given ore tenus, and not by deposition, 
and in suits in equity, and in all other cases in 
which the deposition of the witness would reg- 
ularly be part of the record, the court shall, 
if desired by any party, or if deemed prober by 
itself, certify the facts proved by such witnesses, 
or the evidence given by him as far as credited 
by the court, as the onj or the other may be 
projter under the rules of law applicable to the 
case, and such certificate shall be made part 
of the record. 

March 4 — The Legislature adjourned. 

TENNESSEE. 

1866, January 25 — This bill became a law : 

That persons of African and Indian descent 
are hereby declared to be competent witnesses 
in all the courts of this State, in as full a manner 
as such persons are by an act of Congress com- 
petent witnesses in all the courts of the United 
States, and all laws and parts of laws of the 
State excluding such persons from competency 
are hereby repealed: Frovidtd, however, That 
this act shall not be so construed as to give 
colored persons the riglit to vote, hold office, or 
sit on juries in this State ; and that this provis- 
ion is inserted by virtue of the provision of the 
9th section of the amended constitution, ratified 
February 22, 1865. 

]\Iay 26 — This bill became a law : 
An act to define the terra "persons of color,'' 
and to declare the rights of such persons. 

Sec. 1. That all negroes, mulattoes, mestizoes, 
and their descendants, having any African blood 
in their veins, shall be known in this State as 
" persons of color." 

Sec. 2. That persons of color shall have the 
right to make and enforce contracts, to sue and 
be sued, to be parties and give evidence, to in- 
herit, and to have full and equal benefits of all 
laws and proceedings for the security of person 
and estate, and shall not be subject to any other 
or dilferent punishment, pains, or penalty, for 
the commission of any act or offence than such 
as are prescribed for white persons committing 
like acts or offences. 

Sec. 3. That all persons of color, being blind, 
deaf and dumb, lunatics, paupers, or a])pren- 
tices, shall have the full and perfect benefit and 
application of all laws regulating and providing 
for v/hite j)ersons, being blind, or deaf and dumb, 
or lunatics or paupei-s, or eitlier (in asylums for 
their benefit) and apprentices. 

Sec. 4. That all acts or parts of acts or laws, 
inconsistent herewith, are hereby repealed : Pro- 
vided, That nothing in tliis act shall bo so con- 
strued as to admit |iersons of color to serve on 
a jury : And provided further. That the provis- 



LEGISLATION RESPECTING FREEDMEN. 



43 



ions of this act shall not be so construed as to 
reqiiirothe education of colored and white chil- 
dren in the same school. 

Sec. 5. That all free persons of color who 
were living together as husband and wife in this 
State while in a state of slavery are hereby de- 
clared to be man and wife, and their children 
legitimately entitled to an inheritance in any 
property heretofore acquired, or that may here- 
after be acquired, by said parents, to as full an 
extent as the children of white citizens are now 
entitled by the existing laws of this State. 

May 2G — All the freedmen's courts in Tennes- 
see were abolished by the assistant commander, 
the law of the State making colored persons 
competent witnesses in all civil courts. 

TEXAS. 

A colored man is permitted by the new con- 
stitution to testify orally where any one of his 
race is a party, allows him to hold property, and 
to sue and be sued. 

LOUISIANA. 

1865, December . — "An act to provide for 
and regulate labor contracts for agricultural pur- 
suits" requires all such laborers to make labor 
contracts for the next year within the first ten 
days of January — the contracts to be in writing, 
to be with heads of families, to embrace the labor 
of all the members, and be binding on all minors 
thereof. Each laborer, after choosing his em- 
ployer, "shall not be allowed to leave his place 
of employment until the fulfillment of his con- 
tract, unless by consent of his employer, or on 
account of harsh treatment, or breach of con- 
tract on the part of employer; and if they do so 
leave, without cause or permission, they shall 
forfeit all wages earned to the time of abandon- 
ment." Wages due shall be a lien -pon the 
crops ; and one half shall be paid at periods 
agreed by the parties, " but it shall be lawful for 
the employer to retain the other moiety until 
the completion of the contract." Employers 
failing to comply, are to be fined double the 
amount due to lahorer. These are the eighth 
and ninth sections in full: 

Sec. 8. That in case of sickness of the laborer, 
wages for the time lost shall be deducted, and 
where the sickness is feigned for purposes of idle- 
ness, and also on refusal to work according to 
contra,ct, doable the amount of wages shall be 
deducted for the time lost, and also where rations 
have been furnished; and should the refusal to 
work he continued beyond throe days, the of- 
fender shalll be reported to a justice of the peace, 
and shall be forced to labor on roads, levees, and 
other public works, without pay, until the of- 
fender consents to return to his labor. 

Sec. 9. That, when in health, the laborer shall 
work ten hours during the day in summer, and 
nine hours during the day in winter, unless 
otherwise stipulated in the labor contract ; he 
ehall obey all proper orders of his employer or 
his agent; take proper care of his work mules, 
horses, oxen, stock ; also of all agricultural in- 
plements; and employers shall have the right to 
make a reasonable deduction from the laborer's 
wages for injuries done to animals or agricultu- 
ral implements Qommitted to his care, or for bad 



Bad work shall not be al- 
lowed. Failing to obey reasonable orders, n.-.p;- 
lect of duty, and leaving home without permis- 
sion, will be deemed disobedience; impudence, 
swearing, or indecent language to or in the ;irefi- 
ence of the employer, his family or agent, o^' 
quarrelling and fighting with one another, shall 
be deemed disobedience. For any disobe.lience 
a fine of one dollar shall be imposed on the of- 
fender. For all lost time from work hours, un- 
less in case of sickness, the laborer shall be fined 
twenty-five cents per hour. For all absence from 
home without leave the laborer will be fined at 
the rate of two dollars per day. Laborers will 
not be required to labor on the Sabbath except 
to take the necessary care of stock and other 
property on plantations and do the necessary 
cooking and household duties, unless by special 
contract. For all thefts of the laborer from tho 
employer of agricultural products, hogs, sheep, 
poultry or any other property of the employer, 
or wilful destruction of property or injury, tho 
laborer shall pay the employer double the 
amount of the value of the property stolen, des- 
troyed or injured, one half to be paid to the em- 
ployer and the other half to be placed in the 
general fund provided for in this section. No 
live slock shall be allowed to laborers without 
the permission of the employer. Laborers shall 
not receive visitors during work hours. All diffi- 
culties arising between the em])loyers and labor- 
ers, under this section, shall be settled, and all 
fines be imposed, by the former; if not satisfac- 
tory to the laborers, an appeal may be had to 
the nearest justice of the peace and two free- 
holders, citizens, one cf said citizens to be se- 
lected by the employer and the other by the 
laborer; and all fines imposed and collected un- 
der this section shall be deducted from the wages 
due, and shall be placed in a common fund, to 
be divided among the otlier laborers employed 
on the plantation at the time when their full 
wages fall due, except as provided for above. 

December 21 — This bill became a law : 

Sec. 1. That any one who shall i)ersuade or 
entice away, feed, harbor, or secrete any person 
who leaves his or her employer, with whom she 
or he has contracted, or is assigned to live, or 
any apprentice who is bound as an apprentice, 
without the permission of his or her employer, 
said person or persons so ofl'ending shall be lia- 
ble for damages to the employer, and also, upon 
conviction thereof, shall be subject to pay a fine 
of not more than five hundred dollars, nor less 
than ten dollars, or imprisonment in the parish 
jail for not more than twelve months nor less 
than ten days, or both, at the discretion of the 
court. 

Sec. 2. That it shall be duty of the judges ol 
this State to give this act especiallj' in charge ol 
the grand juries at each jury term of their 
respective courts. 

A new vagrant act is thus condensed in the 
New Orleans Picayune: 

It adopts the same definition of vagrancy as 
in the act of 1855, and provides that any person 
charged with vagrancy shall be arrested on the 
warrant of any judge or justice of the peace; 
and if said judge or justice of the peace shall be 
satisfied by the confession of the ofl'ender, or by 



44 



POLITICAL iVANUAL. 



competent testimony, that he is a vagrant within i 
this said description, he shall make a certificate 
of the same, which shall be tiled with the clerk 
of the court of the parish and in the city of 
New Orleans. The certificate shall be filed in 
the olfices of the recorders, and the said justice 
or other officer shall require the party accused 
to enter into bond, payable to the Governor of 
Louisiana, or his successors in office, in such 
sums as said justice of the peace or other officer 
shall prescribe, with security, to be approved by 
said officer, for his good behavior and future 
industry for the period of one year ; and upon 
his failing or refusing to give such bond and se- 
curity, tlie justice or other officer shall issue his 
warrant to the sherifi' or other officer, directing 
him to detain and to hire out such vagrant for 
a period not exceeding twelve months, or to 



cause him to labor on the public works, road?, 
and levees, under such regulations as shall bo 
made by the municipal authorities : Provided, 
That if the accused be a person who has aban- 
doned his employer before his contract expired, 
the preference shall be given to such employer 
of hiring the accused; And provided further. 
That in the city of New Orleans the accused 
may be committed to the work-house for a time 
not exceeding six months, there to be kept at 
hard labor on the public works, roads, or levees. 
The proceeds of hire in the cases herein provided 
for to be paid into the parish treasury for the 
benefit of paupers : And provided further, That 
the persons hiring such vagrant shall be com- 
pelled to furnish such clothing, food, and medi- 
cal attention as they may furnish their other 
laborers. 



■V. 



PRESIDENT JOHNSON'S INTERVIEWS AND SPEECHES, 



1865, April 15 — Andrew Johnson qualified as 
President, Chief Justice Chase administering the 
oath of office. 

Remarks at an Interview with Citizens of Indi- 
ana. 

1865, April 21 — A delegation was introduced 
by Governor O. P. Morton, to whose address 
President Johnson responded, stating that he did 
not desire to make any expression of his future 
policy more than he had already made, and 
adding : 

But in entering upon the discharge of the 
duties devolving upon me by the sad occurrence 
of the assassination of the Chief Magistrate of 
the nation, and as you are aware, in surround- 
ing circumstances which are peculiarly embar- 
rassing and responsible, I doubt whether you 
are aware liow much I appreciate encourage- 
ment and countenance from my fellow-citizens 
of Indiana. The most courageous individual, 
the most determined will, might justly shrink 
from entering upon the discharge of that which 
lies before me; but were I a coward, or timid, 
to receive the countenance and encouragement 
1 have from you, and from various other parts 
of tlie country, would make me a courageous 
and determined man. I mean in the proper 
sense of the term, for there is as much in moral 
courage and the firm, calm discharge of duty, as 
in physical courage. But, in entering upon the 
duties imposed upon me by this calamity, I re- 
quire not only courage, but determined will, 
and I assure you that on this occasion your en- 
couragement is peculiarly acceptable to mo. In 
reference lo what ray administration will 1)6, 
while I occupy my present jiosition, 1 must 
refer you to the past. You may look back to it 
Ro evidence of what my course will be; and, in 



reference to this diabolical and fiendish rebellion 
sprung upon the country, all I have to do is to 
ask you to also go back and take my course in 
the past, and from that determine what my fu- 
ture will be. Mine has been but one straight- 
forward and unswerving course, and I see no 
reason now why I should depart from it. 

As to making a declaration, or manifesto, or 
message, or what you may please to call it, my 
past is a better foreshadowing of my future 
course than any statement on paper that might 
be made. Who, four years ago, looking down 
the stream of time, could have delineated that 
which has transpired since then? Had any one 
done so, and presented it, he would have been 
looked upon as insane, or it would have been 
thought a fable — fabulous as the stories of the 
Arabian Nights, as the wonders of the lamp of 
Aladdin, and would have been about as readily 
believed. 

If we knew so little four years ago of what 
has passed since then, we know as little what 
events will arise in the next four years; but as 
these events arise I shall be controlled in the 
disposition of them by those rules and principles 
by which I have been guided heretofore. Had 
it not be«n for extraordinary etlorts, in part 
owing to the machinery of the State, you would 
have had rebellion as rampant in Indiana as we 
had it in Tennessee. Treason is none the less 
treason whether it be in a free State or in a slave 
State; but if there could be any dilTerence in 
such a crime, he who commits treason in a free 
State is a greater traitor than he who commits 
it in a slave State. There miglit be some little 
excuse in a man based on his possession of the 
peculiar jiroperty, but tiie traitor in a free State 
lias no excuse, but 8iin]ily to be a traitor. 

Do not, however, understand me to moan by 



PRESIDENTIAL IXTEnvIEWS AND SPEECHES. 



/ 



this that any man should be exonerated from 
the penalties and punishments of the crime of 
treason. The time has arrived when the Ameri- 
can people should understand what crime is, 
and that it sliould punished, and its penalties 
enforced and inflicted. We say in our statutes 
and courts that burglary is a crime, that murder 
is a crime, that arson is a crime, and that trea- 
son is a crime; and the Constitution of United 
States, and the laws of the United States, say 
that, treason shall consist in levying war against 
them, and giving their enemies aid and comfort. 
I have just remarked that burglary is a crime 
and has its penalties, that murder is a crime and 
has its penalties, and so on througli the long 
catalogue of ciime. 

To illustrate by a sad event, which is before 
the minds of all, and which has draped this land 
in mourning. Who is there here who would 
s-ay if tlie assassin who has stricken from our 
midst one beloved and revered by all, and passed 
iiim from time to eternity, to that bourne 
whence no traveler returns, who, I repeat, who, 
here would say that the assassin, if taken, 
should not suffer the penalties of his crime? 
Then, if you take the life of one individual for 
the murder of another, and believe that his 
property should be confiscated, what should be 
done with one who is trying to assassinate this 
nation ? What should be done with him or 
them who have attempted the life of a nation 
composed of thirty millions of people? 

We were living at a time v/hen ihe public 
mind had almost become oblivious of what trea- 
son is. The time has arrived, my countrymen, 
when the American people should be educated 
and taught what is crime, and that treason is a 
crime, and the highest crime known to the law 
and the Constitution. Yes, treason against a 
&tate, treason against all the States, treason 
against the Government of the United States, is 
the highest crime that can be committed, and 
those engaged in it should suffer all its penalties. 

I know it is very easy to get up sympathy 
and sentiment where human blood is about to 
be shed, easy to acquire a reputation for leni- 
ency and kindness, but sometimes its effects and' 
practical operations produce misery and woe to 
the mass of mankind. Sometimes an individual 
whom the law has overtaken, and on whom its 
penalties are about to be imposed, will appeal 
and plead with the Executive for the exercise of 
clemency. But before its exercise he ought to 
ascertain what is mercy and what is not mercy. 
It is a very important question, and one which 
deserves the consideration of those who moralize 
upon crime and the morals of a nation, whether 
in some cases action should not be suspended 
here and transferred to Him who controls all. 
There, if innocence has been invaded, if wronp 
has been done, the Controller and Giver of all 
good, one of whose attributes is mercy, will set 
it right. 

It is not promulging anything that I have not 
heretofore said to say that traitors must be made 
odious, that treason must be made odious, that 
traitors must be punished and impoverished. 

They must not only be punished, but their 
social power must be destroyed. If not, they 
vriU still maintain an ascendency, and may again 



become numerous and powerful; for, in thn 
words of a former Senator of the United States, 
" When traitors become numerous enough, trca 
son becomes respectable." And I say that, after 
making treason odious, every Union man and 
the Government should be remunerated out of 
the pockets of those who have inflicted this great 
suffering upon the country. But do not under- 
stand me as saying this in a, spirit of anger, lor, 
if I understand my own heart, the reverse is Ihe 
case; and, while 1 say that the penalties of (he 
law, in a stern and inflexible manner, should be 
executed upon conscious, intelligent, and influ- 
ential traitors — the leaders, who have deceived 
thousands upon thousands of laboring men who 
have been drawn into this rebellion — and whilo 
I say, as to the leaders, punishment, L also say 
leniency, conciliation, and amnesty to the thou- 
sands whom they have misled and deceived ; and 
in reference to this, as I remarked, I might have 
adopted your speech as my own. 

As my honorable friend knows, I long s nco 
took the ground that this Government wa.s aent 
upon a great mission among the nations of the 
earth ; tliat it had a great work to perform, iid 
that in starting it was started in perpetuity. 
Look back for one single moment to the Articles 
of Confederation, and then come down to 1787, 
when the Constitution was formed — what do you 
find ? That we, " the people of the United States, 
in order to form a more perfect government," &c. 
Provision is made for the admission of new States, 
to be added to old ones embraced within the 
Union. Now, turn to the Constitution : we find 
that amendments may be made, Ijy a recom- 
mendation of two thirds of the members of Con- 
gress, if ratified by three fourths of the States. 
Provision is made for the admission o^ new 
States ; no provision is made for the secession of 
old ones. 

The instrument was made to be good in per- 
petuity, and you can take hold of it, not to break 
up the Government, but to go on perfecting it 
more and more as it runs down th& stream of 
time. 

We find the Government composed of integral 
parts. An individual is an integer, and a num- 
ber of individuals form a State; and a State it- 
self is an integer, and the various States form, 
the Union, which is itself an integer — they all 
making up the Government of the United States. 
Now we come to the point of my argument, so 
far as concerns the perpetuity of the Govern- 
ment. We have seen that the Government is 
composed of parts, each essential to the whole, 
and the whole essential to each part. Now, if 
an individual (part of a State) declare war 
against the whole, in violation of the Constitu- 
tion, he, as a citizen, has violated the law, and 
is responsible for the act as an individual. 
There may be more than one individual, it may 
go on till they become parts of States. Some- 
time the rebellion may go on increasing in num- 
bers till the State machinery is overturned, and 
the country becomes like a man that is paralyzed 
on one side. But we find in the Constitution 
a great panacea provided. It provides that the 
United States (that is, the great integer) shall 
guarantee to each State (the integers composing 
the whole) in this Union a republican form of 



46 



POLITICAL MANUAL. 



governnent. Yes, if rebellion had been ram- 1 
pant, and set aside the machinery of a State for ' 
a time, there stands the great law to remove the 
paralysis and revitalize it, and put it on its feet 
again. When we come to understand our sys- 
tem of government, though it be complex, we 
see how beautifully one part moves in harmony 
with another ; then we see our Government is 
to be a perpetuity, there being no provision for 
pulling it down, the Union being its vitalizing 
power, imparting life to the whole of the States 
that move around it like planets round the sun, 
receiving thence light and heat and motion. 

Upon this idea of destroying States, my posi- 
tion has been heretofore well known, and I see 
no cause to change it now, and I am glad to 
hear its reiteration on the prcL-ent occasion. 
Some are satisfied with the idea that States are 
to be lost in territorial and other divisions ; are 
to lose their character as States. But their life 
breath has been only suspended, and it is a high 
constitutional obligation we have tv secure each 
of these States in the possession and enjoyment 
of a republican form of government. A State 
may be in the Government with a peculiar insti- 
tution, and by the operation of i-ebellion lose 
that feature ; but it was a State when it went 
into rebellion, and when it comes out without 
the institution it is still a state. 

I hold it as a solemn obligation in any one of 
these States where the rebel armies have been 
beaten back or expelled — I care not how small 
the number of Union men, if enough to man the 
ship of State, I hold it, I say, a high duty to 
protect and secure to them a republican form of 
government. This is no new opinion. It is ex- 
pressed in conformity with my understanding of 
the genius and theory of our Government. Then 
in adjusting and putting the Government upon 
its legs again, I think the progress of this work 
must pass into the hands of its friends. If a State 
is to be nursed until it again gets strength, it 
must be nursed by its friends, not smothered by 
its enemies.* 



Now, permit me to remark, that while I l.ave 
opposed dissolution and disintegration on the one 



* On tliis anil otlier points. President Johnson declired 
liimself in his Nasliville speech ul' June 9, 1S64, from which 
these extracts are taken : 

The question is, whether man is capable of 
self-government? I hold with Jefferson that 
government was made for the convenience of 
man, and not man for government. The laws 
and constitutions were designed as instruments 
to promote his welfare. And hence, from this 
principle, I conclude that governments can and 
ought to be changed and amended to conform 
to the wants, to the requirements and progress 
of the people, and the eulightened spirit of the 
age. Now, if any of your secessionists have lost 
faith in men's capability for self-government, 
and feel unfit for the exercise of this great right, 
go straight to rebeldom, take Jefl". Davis, Beau- 
regard, and Bragg for your masters, and put 
their collars on your necks. 

And let me say that now is the time to secure 
these fundamental principles, while the land is 
rent with anarchy and uplieaves with the throes 
of a mighty revolution. While society is in 
this disordered state, and we are seeking security, 
let us fix the foundation of the Government on 
principles of eternal justice which will endure 



for all time. There is an element in our midst 
who are for perpetuating the institution of 
slavery. Let me say to you, Tennesseeans and 
men from the Northern States, that slavery is 
dead. It was not murdered by me. I told you 
long ago what the result would be if you en- 
deavored to go out of the Union to save slavery ; 
and that the result would be bloodshed, rapine 
devastated fields, plundered villages and cities 
and, therefore, I urged you to remain in the 
Union. In trying to save slavery, you killed it 
and lost your own freedom. Your slavery is 
dead, but I did not murder it. As Macbeth said 
to Banquo's bloody ghost : 

" ' Never shake thy gory locks at me ; 
Thou canst not say I did it.' " 

Slavery is dead, and you must pardon me if 
I do not mourn over its dead body ; you can 
bury it out of sight. In restoring the State, 
leave out that disturbing and dangerous element 
and use only those parts of the machinery 
which will move in harmony. 

But in calling a convention to restore the 
State, who shall restore and re-establish it? 
Shall the man who gave his influence and his 
means to destroy the Government ? Is he to 
participate in the great work of reorganization? 
Shall he who brought this misery upon the 
State be permitted to control its destinies? If 
this be so, then all this precious blood of our 
brave soldiers and oiScers so freely poured out 
will have been wantonly spilled. All the glori- 
ous victories won by our noble armies will go 
for nought, and all the battle-fields which have 
been sown with dead heroes during the rebel- 
lion will have been made memorable in vain. 

Why all this carnage and devastation? It 
was that treason might be put down and traitors 
punished. Therefore I say that traitors should 
take a back seat in the work of restoration. If 
there be but five thousand men in Tennessee 
loyal to the Constitution, loyal to freedom, loyal 
to justice, these true and faithful men should 
control the work of reorganization and reforma- 
tion absolutely. I say that the traitor has 
ceased to be a citizen, and in joining the rebel- 
lion has become a public enemy. He forfeited 
his right to vote with loyal men when he re- 
nounced his citizenship and sought to destroy 
our Government. We say to the most honesl 
and industrious foreigner who comes from Eng- 
land or Germany to dwell among us, and to add 
to the wealth of the country, " Before you can 
be a citizen you must stay here for five years.'' 
If we are so cautious about foreigners, who vol- 
untarily renounce their homes to live with us 
what should we say to the traitor, who, although 
born and reared among us, has raised a parrici- 
dal hand against the Government which always 
Erotected him ? My judgment is that he should 
e subjected to a severe ordeal before he is re- 
stored to citizenship. A fellow who takes the 
oath merely to save his property, and denies the 
validity of the oath, is a perjured man, and not 
to be trusted. Before thf;se repenting rebels can 
be trusted, lot them bring forth the fruits of ro- 
pentf-ince. He who helped to make all these 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



47 



hand, on the other I am equally opposed to con- 
solidation, or the centralization of power in the 
hands of a few. Sir, all this has been extorted 
from me by the remarks you have olfered, and 
as I have already remarked, I might have adopted 

f^our speech as my own. I have detained you 
onger than I expected, but Governor Morton is 
repponsible for that. 

I scarcely know how to express my feeling in 
view of the kindness you have manifested 
on this occasion. Perhaps I ought not to add 
what I am about to say, but human nature is 
human nature. Indiana first named me for the 
Vice Presidency, though it was unsolicited by 
me. Indeed, there is not a man can say that I 
ever approached him on the subject, lly eyes 
were turned to my own State. If I could restore 
her, the measure of my .ambition was complete. 
I thank the State of Indiana for the confidence 
and regard she manifested toward me, which has 
resulted in what is now before me, placing me in 
the position I now occupy. 

In conclusion, I will repeat that the vigor of 
my youth has been spent in advocating those 
great principles at the foundation of our Govern- 
ment, and, therefore, I have been by many de- 
nounced as a demagogue, I striving to please the 



widows and orphans, who draped the streets of 
Nashville in mourning, should suffer for his great 
crime. The work is in our own hands. We can 
destroy this rebellion. With Grant thundering 
on the Potomac before Richmond, and Sherman 
and Thomas on their march toward Atlanta, the 
day will ere long be ours. Will anj'' madly per- 
sist in rebellion? Suppose that an equal num- 
ber be slain in every battle, it is plain that the 
result must be the utter extermination of the 
rebels. Ah ! these rebel leaders have a strong 
personal reason for holding out to save their 
necks from the halter ; and these leaders must 
feel the power of the Government ! Treason 
must be made odious, and traitors must be pun- 
ished and impoverished. Their great planta- 
tions must be seized, and divided into small 
farms, and sold to honest, industrious men. The 
day for protecting the lands and negroes of these 
authors of the rebellion is past. It is high time 
it was. I have been most deeply pained at some 
ihings which have come under my observation. 
We get men in command who, under the influ- 
ence of flattery, fawning, and caressing, grant 
protection to the rich traitor, while the poor 
Union man stands out in the cold, often unable 
to get a receipt or a voucher for his losses. 
[Cries of "That's so!" from all parts of the 
crowd.] The traitor can get lucrative contracts, 
while the loyal man is pushed aside, unable to 
obtain a recognition of his just stripes and shoul- 
der-straps. I want them all to hear what I say. 
I have been on a gridiron for two years at the 
eight of these abuses. I blame not the Govern- 
ment for these things, which are the work of 
weak or faithless subordinates. Wrongs will be 
committed under every form of government and 
every administration. For myself, I mean to 
stand by the Government till the flag of the 
Union shall wave over every city, town, hill- 
top, and cross-roads, in its full power and ma- 
jesty. 



people. I am free to say to you that my highest 
ambition was to please the people, for I bc'lieve 
that when I pleased them, i was pretty nearly 
right, and being in the right, I didn't care who 
assailed me. But I was going to say I have al- 
ways advocated the principle, that government 
was made for man — not man forgoverment ; even 
as the good Book says that the Sabbath was made 
for man — not man for the Sabbath. 

So far as in me lies, those principles shall b'g 
carried out; and, in conclusion, I tender you mm 
profound and sincere thanks for your respei(J 
and support in the performance of the arduoiia 
duties now devolving upon me. 

To Virginia Eefugees. 

April 24, 1865 — A large number of Southern 
refugees had an interview, Hon. John C. Under- 
wood making an address ; to which the Presi- 
dent replied: 

It is hardly necessary for me on this occasion 
to say that my sympathies and impulses in con- 
nection with this nefarious rebellion beat in uni- 
son with yours. Those who have passed through 
this bitter ordeal, and who participated in it to 
a great extent, are more competent, as I think, 
to judge and determine the true policy which 
should be pursued. [Applause.] 

I have but little to say on this question in re- 
sponse to what has been said. It enunciates and 
expresses my own feelings to the fullest extent, 
and in much better language than I can at the 
present moment summon to my aid. 

The most that I can say is, that entering upon 
the duties that have devolved upon me under 
circumstances that are perilous and responsible, 
and being thrown into the position I now occupy 
unexpectedly, in consequence of the sad event — 
the heinous assassination which has taken place — 
in view of all that is before me, and the circum- 
stances that surround me, I cannot but feel that 
your encouragement and kindness are peculiarly 
acceptable and appropriate. 

I do not think you have been familiar with 
my course, if you who are from the South deem it 
necessary for me to make any professions as to 
the future on this occasion, or to express what 
my course will be upon questions that may arise. 
If my past life is no indication of wliat my 
future will be, my professions were both worth- 
less and empty; and in returning you my sin- 
cere thanks for this encouragement and sympa- 
thy, I can only reiterate what I have said before, 
and, in part, what has just been read. 

As far as clemency and mercy are concerned, 
and the proper exercise of the pardoning power, 
I think I understand the nature and character 
of the latter. In the exercise of clemency and 
mercy, that pardoning power should be exer- 
cised with caution. I do not give utterance to 
my opinions on this point in any spirit of re- 
venge or unkind feelings. Mercy and clemency 
have been pretty large ingredients in my com- 
pound. Having been the executive of a State^ 
and thereby placed in a position in which it was 
necessary to exercise clemency and mercy, I have 
been charged with going too far, being too leni- 
ent; and I have become satisfied that mercy 
without justice is a crime, and that when mercy 
and clemency are exercised by the executive it 



48 



POLITICAL MANUAL. 



Bhould always be done in view of justice, and in 
that manner alone is properly exercised that 
great prerogative. 

The time has come, as you who have had to 
drink this bitter cup are fully aware, when the 
American people should be made to understand 
the true nature of crime. Of crime, generally, 
^oar people have a high understanding, as well as 
Kf the necessity for iis [lunishment; but in the 
PWtalogue of crimes there is one— and that the 
P°ghest known to the law and the Constitution — 
'' ' which, since the days of Jeiierson and Aaron 
^^^urr, they have become oblivious; that Istrea- 
. JN. Indeed, one who has become distinguished 
in treason and in this rebellion said, that "when 
traitors become numerous enough, treason be- 
comes respectable," and to become a traitor was 
to constitute a portion of the aristocracy of the 
country. 

God protect the people against such an aris- 
tocracy. 

Yes, the time has come when the people should 
be taught to understand the length and breath, 
the depth and height of treason. An individual 
occupying the highest position among us was 
lifted to that position by the free offering of the 
American people — the highest position on the 
habitable globe. This man we have seen, revered, 
and loved ; one who, if he erred at all, erred ever 
on the side of clemency and mercy ; that man we 
have seen treason strike through a fitting instru- 
ment; and we have beheld him fall like a bright 
star falling from its sjihere. 

xsow, there is none but would say, if the ques- 
tion came up, what should be done with the in- 
dividual who assassinated the chief magistrate 
of a nation — he is but a man, one man after all ; 
but if asked what should be done with the assas- 
sin, what should be the penalty, the forfeit ex- 
acted, I know what response dwells in every 
bosom. It is, that he should pay the forfeit with 
his life. And hence we see that these are times 
when mercy and clemency without justice become 
a crime, the one should temper the other and 
bring about the proper mean. And if we would 
say tliis when the case was the simple murder of 
one man by his fellow man, what should we say 
when asked what shall be done with him, or 
them, or those who have raised impious hands to 
take away the life of a nation composed of thirty 
millions of people? What would be the reply to 
that question? But while in mercy we remem- 
ber justice, in the language that has been utter jd, 
I say justice toward the leaders, the conscious 
leaders ; but I also say amnesty, conciliation, 
clemency, and mercy to the thousands of our 
countrymen who you and I know liave been 
deceived or driven into this infernal rebellion. 

And 80 I return to where I started from, and 
again repeat, that it is time our people were 
tau"ht to know lliat trea.son is a crime — not a 
mere political dilTerence, not a mere contest be- 
tween two parties, in which one succeeded, and 
the other has simply failed. Tliey must know it 
is treason, for if they had succeeded, the life of 
the nation would have been reft from it, the 
Union would have been destroyed. 

Surely the Constitution sufficiently defines 
treason. It consists in levying war against the 
United States, and in giving their enemies aid 



and comfort. With this definition it requires the 
exercise of no great acumen to ascertain who 
are traitors. It requires no great perception to 
tell us who have levied war against the United 
States, nor does it require any great stretch jf 
reasoning to ascertain who has given aid to the 
enemies of the United States. And when the 
Government of the United States does ascertain 
who are the conscious and intelligent traitors, 
the penalty and the forfeit should be paid. 

I know how to apjireciate the condition of 
being driven from one's home. I can sympa- 
thize with him whose all has been taken from 
him ; with him who has been denied the place 
that gave his children birth ; but let us, withal, 
in the restoration of true government, proceed 
temperately and dispassionately, and hope and 
pray that the time will come, as I believe, when 
we all can return and remain at our homes, and 
treason and traitors be driven from our land; 
[ajiplause;] when again law and order shall 
reign, and the banner of our country be un- 
furled over every inch of territory within the 
area of the United States. 

In conclusion, let me thank you most pro- 
foundly for this encouragement and manifesta- 
tion of your regard and respect, and assure you 
that 1 can give no greater assurance regarding 
the settlement of this question than that 1 intend 
to discharge my duty, and in that way which 
shall in the earliest possible hour bring back 
peace to our distracted country, and hope the 
time is not far distant when our people can all 
return to their homes and firesides, and resume 
their various avocations. 

Interview with George L. Stearns. 
Washington, D. C, Oct. 3, 1865, lii, A. M. 

I have just returned from an interview with 
President Johnson, in which he talked for an 
hour on the process of reconstruction of rebel 
States. His manner was as cordial, and his 
conversation as free as in 1S63, when I met him 
daily in Isashville. 

His countenance is healthier, even more so 
than when I first knew him. 

I remarked that the people of the IS'orth 
were anxious that the process of reconstruction 
should be thorough, and they wished to support 
him in the arduous work, but their ideas were 
confused by the conflictiug reports constantly 
circulated, and especially by the present position 
of the Democratic party. It is industriously 
circulated in the Democratic clubs that he was 
going over to them. He laughingly replied. 
" Major, have you never known a man who for 
many years had differed from your views be- 
cause you were in advance of him, claim them 
as his own when he came up to your stand- 
point?" 

I replied, "I have, often." He said, "So 
have I, and went on : " The Democratic party 
finds its old position untenable, and is coming 
to ours ; if it has come up to our position, I am 
glad of it. You and I need no lueparation for 
this conversation ; we can talk freely on this 
subject, for the thoughts are familiar to us; we 
can be perfoctlv frank with each other." He 
then commenced with saying that tlio States are 
in the Union, vrhich is whole and indivisible. 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



49 



Iridividuala tried to carry them out, but did 
not succeed, as a man may try to cut his throat 
and be prevented by the bystanders ; and you 
cannot say he cut his throat because he tried to 
do it. 

Individuals may commit treason and be pun- 
ished, and a large number of individuals may 
constitute a rebellion, and be punished as trai- 
tors. Some States tried to get out of the Union, 
and we opposed it honestly, because we believed 
it to be wrong; and we have succeeded in put- 
ting down the rebellion. The power of those 
persons who made the attempt has been crushed, 
and now we want to reconstruct the State gov- 
ernments, and have the power to do it. The 
State institutions are prostrated, laid out on the 
ground, and they must be taken up and adapted 
to the progress of events ; this cannot be done 
in a moment. We are making very rapid prog- 
ress — so rapid I sometimes cannot realize it. It 
appears like a dream. 

We must not be in too much of a hurry ; it 
is better to let them reconstruct themselves than 
to force them to it; for if they go wrong the 
power is in our hands, and we can check them 
in any stage, to the end, and oblige them to 
correct their errors ; we must be patient with 
them. I did not expect to keep out all who 
were excluded from the amnesty, or even a 
large number of them ; but I intended they 
should sue for pardon, and so realize the enor- 
mity of the crime they had committed. 

You could not have broached the subject of 
equal suffrage at the North seven years ago, 
and we must remember that the changes of the 
South have been more rapid, and they have 
been obliged to accept more unpalatable truth 
than the North has ; we must give them time to 
digest a part, for we cannot expect such large 
affairs will be comprehended and digested at 
once. We must give them time to understand 
their new position. 

I have nothing to conceal in these matters, and 
have no desire or willingness to take indirect 
courses to obtain what we want. 

Our Government is a grand and lofty struc- 
ture ; in searching for its foundation we find it 
rests on the broad basis of popular rights. The 
elective franchise is not a natural right, but a 
political right. I am opposed to giving the 
States too much power, and also to a great con- 
solidation of power in the central government. 

If I interfered with the vote in the rebel 
States, to dictate that no negro shall vote, I 
might do the same for my own purposes in 
Pennsylvania. Our only safety lies in allowing 
each State to control the right of voting by its 
own laws, and we have the power to control the 
rebel States if they go wrong. If they rebel we 
have the army, and can control them by it, and, 
if necessary, by legislation also. If the General 
Government controls the right to vote in the 
States, it may establish such rules as will re- 
strict the vote to a small number of persons, and 
thus create a central despotism. 

My position here is different from what it 
would be if I was in Tennessee. 

There I should try to introduce negro suffrage 
gradually; first those who had served in the 
army ; those who could read and write ; and per- 



haps a property qualification for others, say $200 
or 1250. 

It would not do to let the negro have univer- 
sal suffrage now ; it would breed a war of races. 

There was a time in the Southern States when 
the slaves of large owners looked down upon 
non-slaveowners because they did notown slaves; 
the larger the number of slaves the masters 
owned the prouder they were, and this has pro- 
duced hostility between the mass of the whites 
and the negroes. The outrages are mostly from 
non-slaveholding whites arainst the negro, and 
from the negro upon the non-slaveholding 
whites. 

The negro will vote with the late master, whonj 
he does not hate, rather than with the non- 
slaveholding white, whom he does hate. Uni- 
versal suffrage would create another war, nol 
against us, but a war of races. 

Another thing; This Government is the freest 
and best on earth, and I feel sure is destined to 
last; but to secure this we must elevate and pu- 
rify the ballot. I for many years contended at 
the South that slavery was a political weakness; 
but others said it was political strength ; they 
thought we gained three-fifths representation by 
it ; I contended that we lost two-fifths. 

If we had no slaves we should have had twelve 
Representatives more, according to the then ra- 
tio of representation. Congress apportions rep- 
resentation by States, not districts, and the State 
apportions by districts. 

Many years ago I moved in the Legislature 
that the apportionment of Representatives to 
Congress in Tennessee should be by qualified 
voters. 

The apportionment is now fixed until 1872; 
before that Mme we might change the basis of 
representation from population to qualified 
voters. North as well as South, and, in due coursa 
of time, the States, without regard to color, 
might extend the elective franchise to all who 
possessed certain mental, moral, or such other 
qualifications as might be determined by an en- 
lightened public judgment. 

Boston, October 18, 1865. 

The above report was returned to me by 
President Johnson with the following endorse- 
ment. Geoegs L. Steaens. 

I have read the within communication and 
find it substantially correct. 

I have made some verbal alterations. 

A.J. 

Address to the Colored Soldiers. 

October 10, 1865 — The first colored regiment 
of District of Columbia troops, recently returned 
from the South, marched to the Executive Man- 
sion, and were addressed by the President, as 
follows : 

My Feiends: My object in presenting my- 
self before you on this occasion is simply to 
thank you, members of one of the colored regi- 
ments which have been in the service of the 
country to sustain and carry its banner and its 
laws triumphantly in every part of this broad 
land. I appear before you on the present oc- 
casion merely to tender you my thanks for the 
compliment you have paid me on your return. 
home, to again be associated with your friends 



60 



POLITICAL MANUAL. 



and yonr relations, ad those yon hold most 
sacred and dear. I have but little to say. It 
being unusual in this Government and in most 
of thu other governments to have colored troops 
engaged in their cause, you have gone forth as 
events have shown, and served with patience 
and endurance in the cause of your country. 
This is your country as well as anybody else's 
country. This is the country in which you ex- 
pect to live, and in which you should expect to 
do something by j'our example in civil life, as 
you have done in the field. This country is 
founded upon the principle of equality ; and at 
the same time the standard by which persons 
are to be estimated is according to their merit 
and their worth. And you observe, no doubt, 
that for him who does his duty faithfully and 
honestly, there is always a just public judgment 
that will appreciate and measure out to him his 
proper reward. 

I know that there is much well calculated in 
this Government, and since the late rebellion 
commenced, to excite the white against the 
black, and the black against the white man. 
These are things that you should all understand, 
and at the same time prepare yourselves for 
what is before you. Upon the return of peace 
and the surrender of the enemies of the country, 
it should be the duty of every patriot and every 
one who calls himself a Christian to remember 
that with a termination of the war his resent- 
ments should cease — that angry feelings should 
subside, and that every man sliould become calm 
and tranquil, and be prepared for what is before 
him. 

This is another part of your mission. You 
have been engaged in the effort to sustain your 
couniry in the past, but the future is more im- 
portant to you Aan the period in which you 
have just been engaged. One great question 
has bjca settled in this Government, and that is 
the question of slavery. The institution of 
slavoi-y made war upon the United States, and 
the United States has lifted its strong arms in 
vindication of the Government and of free gov- 
ernment, and in lifting the arm and appealing 
to the God of battles, it was decided that the 
institution of slavery must go down. This has 
been done, and the Goddess of Liberty, in bear- 
ing witness over many of our battle-fields since 
•the struggle commenced, has made her loftiest 
flight and proclaimcil that true liberty has been 
established upon a more permanent and endur- 
ing basis than heretofore. But this is not all ; 
and as you have ['aid me the compliment to call 
upon rne, I shall lake the privilege of saying 
one or two word - as I am before you. 

Now, when the sword is returned to its scab- 
bard, when j''our arms are reversed, and when 
the olive-branch of peace is extended, resent- 
ment and revenge should subside. Then what 
is to follow? You do understand, no doubt — 
and if you do not you cannot understand too 
eoon — that simple liberty does not mean the 
privilege of going into the battle-field, or into 
•the service of the country as a soldier. It means 
other things as well ; and now when you have 
laid down your arms there are other objects of 
equal importance before you — now that the Gov- 
ernment has triumphantly passed through this 



mighty rebellion, after the most gigantic battles 
the world ever saw. 

The problem is before you, and it is bes*- that 
you should understand it, and I therefore speak 
simply and plainly. Will you now, when you 
have retired from the army of the United States 
and taken the position of the citizen — when yoa 
have returned to the avocations of peace — will 
you give evidence to the world that you are 
capable and competent to govern yourselves 7 
This is what you will have to do. 

Liberty is not a mere idea, a mere vagary ; 
when you come to examine this question of lib- 
erty you should not be mistaken in a mere idea 
for the reality. It does not consist in idleness. 
Liberty does not consist in being worthless. 
Liberty does not consist in doing in all things 
as we please ; and there can be no liberty with- 
out law. In a government of freedom and lib- 
erty there must be law, and there must be obe- 
dience and submission to the law, without regard 
to color. Liberty — and may I not call you my 
countrymen ? — liberty consists in the glorious 
privileges of freedom— consists in the glorious 
privileges of worth — of pursuing the ordinary 
avocations of peace with energy, with industry, 
and with economy ; and that being done, all 
those who have been industrious and economical 
are permitted to appropriate and enjoy the pro- 
ducts of their own labor. This is one of the 
great blessings of freedom ; and hence we mighl 
ask the question and answer it by stating that 
liberty means freedom to work and enjoy the 
products of your own labor. 

You will soon be mustered out of the ranks. 
It is for you to establish the great fact that you 
are fit and qualified to be free. Hence, freedom 
is not a mere idea, but it is something that ex- 
ists in fact. Freedom is not simply the principle 
to live in idleness. Liberty does not mean simply 
to resort to the low saloons and other places of 
disreputable character. Freedom and liberty do 
not mean that the people ought to live in licen- 
tiousness, but liberty means simply to be indus- 
trious and to be virtuous, to be upright in all 
our dealings and relations with men ; and to 
those now before me, members of the last regi- 
ment of colored volunteers from the District of 
Columbia, and the capital of the United States, 
I have to say, that a great deal depends upon 
yourselves ; j'ou must give evidence that you are 
competent for the rights that the government 
has guaranteed to you. 

Hence, each and all of you must be measured 
according to his merit. If one man is more 
meritorious than the other, they cannot ba 
equals, and he is the most exalted tliat is the 
most meritorious, without regard to color ; and 
the idea of having a law passed in the morning 
that will make a white man black before night 
and a black man a white man before day is ab- 
surd. I'hat is not the standard ; it is your own 
conduct ; it is your own merit ; it is the devel- 
opment of your own talents and of your intel- 
lectual and moral qualities. 

Let this, then, bo your course ; adopt systems 
of moyality ; abstain from all licentiousness ; 
and let mo say one thing here, for I am going 
to talk plainly. I have lived in a Southern 
State all ray life, and know what has too often 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



51 



^oen the case. There is one thing you should 

ef=tpem higher and raore supreme than almost all 
others, and that is the solemn contract with all 
the penalties in the association of married life. 
Tian and women should abstain from those qual- 
Hies and habits that too frequently follow a war. 
Inculcate among j'^our children and among your 
associates, notwithstanding you are just 'back 
from the army of the United States, that virtue, 
that merit, that intelligence are the standards to 
be oliserved, and those v/liich you are deter- 
mined to maintain during your future lives. He 
that is meritorious and virtuous, intellectual and 
Well informed, must stand highest, without re- 
gard to color. It is the very basis upon which 
heaven itself rests — each individual takes his 
degree in the sublimer and more exalted regions 
in proportion to his merits and his virtue. 

Tlien I shall say to you on this occasion, in 
returning to your homes and firesides, after feel- 
ing conscious and proud of having faithfully 
done your duty, return with the determination 
that }'ou will perform your duty ia the future 
as you have performed it in the past. Abstain 
from all those bickerings and jealousies and re- 
vengeful feelings which too often spring up be- 
tween different races. 

There is a great problem before us, and I may 
as well allude to it here in this connection, and 
that is, whether this race can be incorporated 
and mixed with the people of the United States 
— to be made a harmonious and piermanent ingre- 
dient in the population. This is a problem not 
yet settled, but we are in the right line to do so. 
Slavery raised its head against the Government, 
and the Government raised its strong arm and 
struck it to the ground ; hence, that part of the 
problem is settled. The institution of slavery 
is overthrown. But another part remains to be 
solved, and that is, can four millions of people, 
reared as they have been, with all their preju- 
dices of the whites — can they take their places 
in the community, and be made to work harmoni- 
ously and congruously in our system ? This is 
.1 problem to be considered. Are the digestive 
oowers of the American Government sutEcient 
:o receive this element in a new shap>e, and digest 
it and make it work healthfully upon the system 
that has incorporated it? 

This is the question to be determined. Let 
us make the experiment, and make it in good 
faith. If that cannot be done, there is another 
problem that is before us. If we have to be- 
come a separate and distinct people (although I 
trust , that the system can be made to work 
harmoniously, and that the great problem will 
be settled without going any further) — if it 
should be so that the two races cannot agree and 
live in peace and prosperity, and the laws of 
Providence require that they should be sepa- 
rated — in that event, looking to the far distant 
future, and trusting in God that it may never 
,come — if it should come. Providence, that works 
mysteriously, but unerringly and certainly, will 
point out the way, and the mode, and the man- 
ner by which these people are to be separated, 
and tney are to be taken to their land of inherit- 
ance and promise, for such a one is before them. 
Hence we are making the experiment. 

Hence, let me agaia impress upon you the 



importance of controlling your passions,' develop- 
ing your intellect, and of applying yourpliysivai 
powers to the industrial interests of the country ; 
and that is the true process by which this ques- 
tion can be settled. Be patient, persevering, 
and forbearing, and you will help to solve this 
problem. Make for yourselves a reputation in 
this cause, as you have won for yourscdves a 
reputation in the cause in which you have been 
engaged. In speaking to the membei's of this 
regiment, I want them to understand that, .■^■o 
far as I am concerned, I do not assume or pre- 
tend that I am stronger than the laws or course 
of nature, or that I am wiser than Providence 
itself. It is our duty to try and discover what 
these great laws are which are the foundation of 
all things, and, having discovered what they 
are, conform our action and conduct to them and 
to the will of God, who ruleth all things. He 
holds the destinies of nations in the palm of 
his hand, and He will solve the questions and 
rescue these people from the difficulties that 
have so long surrounded them. Then let us be 
patient, industrious, and persevering. Let us 
develop our intellectual and moral worth. 

I trust what I have said may be understood 
and appreciated. Go to your homes and lead 
peaceful, prosperous, and happy lives, in peace 
with all men. Give utterance to no word that 
would cause dissensions, but do that which will 
be creditable to yourselves and to your country. 
To the oiiicers who have led and so nobly com- 
manded you in the field I also return my thanks, 
for the compliment you and they have conferred 
upon me. 

Interview with Senator Dixon, of Connecticut. 

January 118, 186G— The following is the sub- 
stance of the conversation, as telegraphed that 
night over the country : 

The President said he doubted the propriety 
at this time of making further amendments to 
the Constitution. One great amendment had 
already been made, by which slavery had for- 
ever been abolished within the limits of the 
United States, and a national guarantee thus 
given that the institution should never exist in 
the land. Propositions to amend the Constitu- 
tion were becoming as numerous as preambles 
and resolutions at town meetings called to con- 
sider the most ordinary questions connected with 
the administration of local affairs. All this, in 
his opinion, had a tendency to diminish the dig- 
nity and prestige attached to the Constitution 
of the country, and to lessen the respect and 
confidence of the people in their great charter 
of freedom. If, however, amendments are to 
be made to the Constitution, changing the basis 
of representation and taxation, (and he did not 
deem them at all necessary at the present time,) 
he knew of none better than a simple proposi- 
tion, embraced in a few lines, making in each 
State the number of qualified voters the basis 
of representation, and the value of property the 
basis of direct taxation. Such a proposition 
could be embraced in the following terms : 

"Representatives shall be apportioned among 
the several States which may be included within 
this Union according to the number of qualified 
votsrs in each State. 



52 



POLITICAL MANUAL. 



" Direct taxes shall be apportioned among the 
Roveral States wliich may be included within 
Ibis Union according to the value of all taxable 
property in each State." 

An amendment of this kind would, in his 
opinion, place the basis of representation and 
direct taxation upon correct principles. The 
qualified voters were, for the most part, men 
who were subject to draft and enlistment when 
it was necessary to repel invasion, suppress re- 
bellion, and quell domestic violence and insur- 
rection. They risk their lives, shed their blood 
and peril their all to uphold the Government, 
and give protection, security, and value to 
firoperty. It seemed but just that propertj' 
should compensate for the benefits thus conferred, 
by defraying the expenses incident to its pro- 
tection and enjoyment. 

Such an amendment, the President also sug- 
gested, would remove from Congress all issues 
m reference to the political equality of the races. 
It would leave the States to determine absolute- 
ly the qualifications of their own voters with 
regard to color ; and thus the number of Repre- 
sentatives to which they would be entitled in 
Congress would depend upon the number upon 
whom they conferred the right of suffrage. 

The President, in this connection, expressed 
the opinion that the agitation of the negro 
franchise question in the District of Columbia 
oT this time was the mereentering-wedge to the 
agitation of the question throughout the States, 
and was ill-timed, uncalled-for, and calculated 
to do great harm. He believed that it would 
engender enmity, contention, and strife between 
the two races, and lead to a war between them, 
which would result in great injury to both, and 
the certain extermination of tlie negro popula- 
tion. Precedence, he thought, should be given 
to more important and urgent matters, legisla- 
tion upon which was essential to the restoration 
of the Union, the peace of the country, and the 
prosperity of the people. 

Interview with a Colored Delegation respecting 
Suffrai^e. 

February 7, 18G6 — The delegation of colored 
representatives from different States of the 
countr}', now in Washington, to urge the inter- 
ests of the colored people before the Govern- 
ment, had an interview with the President. 

The President shook hands kindly with each 
member of the delegation. 

ADDRESS OF GEOEGE T. DOWNING. 

Mr. George T. Downing then addressed the 
President as follows : 

We present ourselves to your Excellency, to 
make known with pleasure the respect which 
we are glad to cherisli for you — a respect which 
is your due, as our Chief Magistrate. It is our 
desire for you to know that we come feeling 
that we are friends meeting a friend. We 
should, liowever, have manifested our friend- 
ship by not coming to further tax your already 
much burdened and valuable time ; but we 
have another object in calling. We are in a 
p.assage to equality before the law. God hath 
made it by opening a Red Sea. We would liave 
your assistance tliroug!i the same. Wo come to 



you in the name of the colored people of fh« 
United States. We are delegated to --ome by 
some who have unjustly worn iron manacles on 
their bodies — by some whose minds have been 
manacled by class legislation in States called 
free. The colored people of the States of Illi- 
nois, Wisconsin, Alabama, Mississippi, Florida, 
South Carolina, North Carolina, Virginia, Maiy- 
land, Pennsylvania, New York, New England 
States, and District of Columbia have specially 
delegated us to come. 

Our coming is a marked circumstance, noting 
determined hope that we are not satisfied with 
an amendment prohibiting slavery, but that we 
wish it enforced with appropriate legislation. 
This is our desire. We ask for it intelligently, 
with the knowledge and conviction that the 
fathers of the Revolution intended freedom for 
every American ; that they should be protected 
in their rights as citizens, and be equal before the 
law. We are Americans, native born Americans. 
We are citizens ; we are glad to have it known 
to the world that you bear no doubtful re- 
cord on this point. On this fact, and with con- 
fidence in the triumph of justice, we base our 
hope. We see no recognition of color or race 
in the organic law of the land. It knows no 
privileged class, and therefore we cherish the 
hope that we may be fully enfranchised, not 
only here in this District, but throughout the 
land. We respectfully submit that rendering 
anything less than this will be rendering to ua 
less than our just due; that granting anything 
less than our full rights will be a disregard of 
our just rights and of due respect for our feelings. 
If the powers that be do so it will be used as a 
license, .is it were, or an apology, for any com- 
munity, or for individuals thus disposed, to 
outrage our rights and feelings. It has been 
shown in the present war that the Government 
may justly reach its strong arm into States, and 
demand from them, from those who owe it alle- 
giance, their assistance and support. May it not 
reach out a like arm to secure and protect ita 
subjects upon who it has a claim ? 

ADDRESS OF FRED. DOUGLASS. 

Following upon Mr. Downing, Mr. Fred. 
Douglass advanced and addressed the President, 
saying : 

Mr. President, we are not here to enlighten 
you, sir, as to your duties as the Chief Magis- 
trate of this Republic, but to show our respect, 
and to present in brief the claims of our race to 
your favorable consideration. In the order of 
Divine Providence you are placed in a position 
where you iiave the power to save or destroy us, 
to bless or blast us — I mean our whole race. 
Your noble and humane predecessor placed in 
our hands the sword to assist in saving the na- 
tion, and we do hope that you, bis able succes- 
sor, will favorably regard the placing in our 
hands the ballot with which to save ourselves. 

We shall submit no argument on that point. 
The fact that we are the subjects of Government, 
and subject to taxation, subject to volunteer in 
tlie service of the country, subject to being 
drafted, subject to bear the burdens of the State, 
makes it not improper that we should ask to 
share in the privileges of this condition. 



PRESIDENTIAL IXTERVILAVS AXD SPEECHES. 



53 



I hcve no speech to make on this occasion. 
I simply submit these observations as a limited 
expre.ision of the views and feelings of the dele- 
gation with which I have come. 

EESPONSE OF THE PEESIDENT. 

In repl}^ to some of your inquiries, not to 
make a speech about this thing, for it is always 
best to talk plainly and distiu.'^tly about such 
matters, I will say that if I have not given evi- 
dence in my course that I am a friend of hu- 
manity, and to that portion of it which consti- 
tutes the colored population, I can give no 
evidence here. Everything that I have had, 
both as regards life and property, has been per- 
illed in that cause, and I feel and think that I 
understand — not to be egotistic — what should 
be the true direction of this question, and what 
course of policy would result in the melioration 
and ultimate elevation, not only of the colored, 
but of the great mass of the people of the United 
States. I say that if I have not given evidence 
that I am a friend of humanity, and especially 
the friend of the colored man, in my past con- 
duct, there is nothing that I can now do that 
would. I repeat, all that I possessed, life, lib- 
erty, and property, have been put up in con- 
nection with that question, when I had every 
inducement held out to take the other course, 
by adopting which I would have accomplished 
perhaps all that the most ambitious might have 
desired. If I know myself, and the feelings of 
my own heart, they have been for the colored 
man. I have owned slaves and bought slaves, 
but I never sold one. I might say, however, 
that practically, so far as my connection with 
slaves has gone, I have been their slave instead 
of their being mine. Some have even followed 
me here, while others are occupying and enjoy- 
ing my property with my consent. For the 
colored race my means, my time, my all has 
been perilled; and now at this late day, after 
giving evidence that is tangible, that is practi- 
cal, I am free to say to you that I do not like 
to be arraigned by some who can get up hand- 
somely-rounded pjeriods and deal in rlietoric, 
and talk about abstract ideas of liberty, who 
never perilled life, liberty, or property. This 
kind of tlieoretical, hollow, unpractical friend- 
phip amounts to but very little. While I say 
that I am a friend of the colored man, I do not 
want to adopt a policy that I believe will end 
in a contest between the races, which if persisted 
in will result in the extermination of one or the 
other. God forbid that I should be engaj^ed in 
such a work ! 

Now, it is always best to talk about things 

Jractically and in a common sense way. Yes, 
have said, and I repeat here, that if the colored 
man in the United States could find no other 
Moses, or any Moses that would be more able 
and efficient than myself, I would be his Moses 
to lead him from bondage to freedom ; that I 
would pass him from a land where he had lived 
m slavery to a land (if it were in our reach) of 
freedom. Yes, I would be willing to pass with 
him through the Red sea to the Land of Promise, 
to the land of liberty ; but I am not willing, 
under either circumstance, to adopt a policy 
which I believe will only result in the sacrifice 



of his life and the shedding of his blood. I 
think I know what I say. I feel what I say ; 
and I feel well assured that if the policy urged 
by some be persisted in, it will result in great 
injury to the white as well as to the colored m,an. 
There is a great deal of talk about the sword in 
one hand accomplishing an end, and the ballot 
accomplisliiug another at the ballot-box. 

These things all do very well, and sometimes 
have forcible application. We talk about jus- 
tice ; we talk about right ; we say that the white 
man has been in the wrong in keeping the black 
man in slavery as long as ho has. That is all 
true. Again, we talk about the Declaration of 
Independence and equality before the law. You 
understand all that, and know hov/ to appreciate 
it. But, now, let us look each other in the face ; 
let us go to the great mass of colored men 
throughout the slave States ; let us take the 
condition in which they are at the present time — 
and it is bad enough, we all know — and suppose, 
by some magic touch you could say to every 
one, " you shall vote to-morrow;" how much 
would that ameliorate their condition at this 
time ? 

Now, let us get closer up to this subject, and 
talk about it. [The President liere approached 
very near to Mr. Douglass.] What relation has 
the colored man and the white man heretofore 
occupied in the South ? I opposed slavery upon 
two grounds. First, it was a great monopoly, 
enabUng those who controlled and owned it to 
constitute an aristocracy, enabling the few to 
derive great profits and rule the many with an 
iron rod, as it were. And this is one great ob- 
jection to it in a government, it being a mono- 
poly. I was opposed to it secondly upon the 
abstract principle of slavery. Hence, in getting 
clear of a monopoly, we are getting clear of 
slavery at the same time. So you see tliere were 
two right ends accomplished in the accomplish- 
ment of the one. 

Mr. Douglass. Mr. President, do you wish — 

The Peesidext. I am not quite through yet. 

Slavery has been abolished, A great national 
guarantee has been given, one that cannot be 
revoked. I was getting s.t the relation that sub- 
sisted between the white man and the colored 
men. A very small proportion of white per- 
sons compared with the whole number of such 
owned the colored people of the South. I might 
instance the State of Tennessee in illustration. 
There were there twenty-seven non-slaveholders 
to one slaveholder, and yet the slave power con- 
trolled the State. Let us talk about this matter 
as it is. Although the colored man was in slavery 
there, and owned as property in the sense and in 
the language of that locality and of that com- 
munity, yet, in comparing his condition and his 
position there with the non-slaveholder, he usu- 
ally estimated his importance just in proportion 
to the number of slaves that "his master owned 
with the non-slaveholder. 

Have you ever lived upon a plantation ? 

Mr. Douglass. I have, your excellency. 

The President. When you would look over 
and see a man who had a large family, strug- 
gling hard upon a poor piece of land, you thought 
a great deal less of him than you did of your 
own master's negro, didn't you? 



54 



POLrriCAL MANUAL. 



Mr. Douglass. Not I! 

The Presides!. Well, I know such was the 
0:1^50 with a large number of you in those sec- 
tions. Where such is the case we know there is 
an enmity, we know there is a hate. The poor 
white man, on tlie other hand, was opposed to 
the slave a-nd his master ; for the colored man 
and his master combined kept him in slavery, 
bv depriving him of a fair partici[Kxtion in the 
labor and productions of the rich land of the 
country. 

Don't you know that a colored man, in going 
to hunt a master ( ae they call it) for the next 
year, preferred hiring to a man who owned slaves 
rather than to a man who did not? I know the 
fact, at all events. They did not consider it quite 
a? respectable to hire to a man who did not own 
net^roes as to one who did. 

Mr. Douglass. Because he wouldn't be treated 
as well. 

The President. Then that is another argu- 
ment in favor of what I am going to say. It 
f hows that the colored man appreciated the slave 
owner more highly than he did the man who 
didn't own slaves. Hence the enmity between 
the colored man and the non-slaveholders. The 
white man was permitted to vote before — gov- 
ernment was derived from him. He is a part 
and parcel of the political machinery. 

Now, by the rebellion or revolution — and when 
you come back to the objects of this war, you 
"find that the abolition of slavery was not one of 
the objects; Congress and the President himself 
declared that it was waged on our part in order 
to suppress the rebellion — the abolition of sla- 
very has come as an incident to the suppression 
oi a great rebellion — as an incident, and as an 
incident we should give it the proper direction. 

The colored man went into this rebellion a 
slave ; by the operation of the rebellion became 
our a freedman — equal to a freeman in any 
other portion of the country. Then there is a 
groat deal done for him on this point. The non- 
slaveholder who was forced into the rebellion, 
w!io was as loyal as those that lived beyond the 
limits of the State, but was carried into it, lost 
kis propert}', and in a number of instances the 
lives of such were sacrificed, and he who has 
survived has come out of it v/iih nothing gained, 
but a great deal lost. 

Now, npon the principle of justice, should 
they bo placed in a condition different from 
wliat they were before? On the one liand, one 
lia« gained a great deal ; on the other hand, one 
has lost a great deal, and, in a political point of 
view, scarcely stands where he did before. 

Ivow, we are talking about where wo are going 
\o begin. Wo have got at the hate that existed 
li-itween the two races. The query comes up, 
v;hether these two races, situated as they were 
before, without preparation, without time for 
passion and excitement to be appeased, au'l with- 
oU time for the slightest improvement, whether 
the one should be turned loose upon the other, 
■j.:v\ bo thrown together at the ballot-box with 
this enmity and hate existing between them. 
Tiic query comes up right there, whether wo 
don't commence a war of races. I think I un- 
derstand this thing, and especially is this the case 
when you force it upon a people without their 
consent. 



You have spoken about government. Whore 
is power derived from ? We say it is derived 
from the people. Let us take it so, and refer to 
the District of Columbia by way of illustration. 
Suppose, for instance, here, in this political com- 
munity, which, to a certain extent, must have 
government, must have laws, and putting it now 
upon the broadest basis j'ou can put it — take 
into consideration the relation which the white 
has heretofore borne to the colored race — is it 
proper to force upon this community, without 
their consent, the elective franchise, without 
regard to color, making it universal? 

Now, where do you begin ? Government must 
have a controlling power — must have a lodg- 
ment. For instance, suppose Congress should 
pass a law authorizing an elec|ion to be held at 
which all over twenty-one years of age, without 
regard to color, should be allowed to vote, and 
a majority should decide at such election that 
the elective franchise should not be universal; 
what would you do about it? Who would set- 
tle it? Do you deny that first great principle of 
the right of the people to govern themselves ? 
Will you resort to an arbitrary power, and say 
a majority of the people shall receive a state of 
things they are opposed to ? 

Mr. Douglass. That was said before the war. 

The President. I am now talking about a 
principle ; not what somebody else said. 

Mr. Downing. Apply what you have said, 
Mr. President, to South Carolina, for instance, 
where a majority of the inhabitants are colored. 

The President. Suppose you go to South 
Carolina; suppose you go to Ohio. That doesn't 
change the principle at all. The query to which 
I have referred still comes up when govern- 
ment is undergoing a fundamental chan2;e. Gov- 
ernment commenced upon this principle; it has 
existed upon it ; and you propose now to incor- 
porate into it an elemo-nt that didn't exist be- 
fore. I say the query comes up in undertaking 
this thing whether we have a right to make a 
change in regard to the elective franchise ia 
Ohio, for instance: whether we shall not let the 
people in that State decide the matter for them- 
selves 

Each community is better prepared to deter- 
mine the depositary of its pclitical power than 
anybody else, and it is for the Legislature, for 
the people of Ohio to say who shall vote, and 
not for the Congress of the United States. I 
might go down here to the ballot-box to-morrow 
and vote directly for universal suffrage; but if 
a great majority of the people said no, I should 
consider it would be tyrannical in mo to attempt 
to force such upon them without their will. It 
is a fundamental tenet in my creed that the will 
of the people must be obeyed. Is there any- 
thing wrong or unfair in that? 

Mr. Douglass (smiling.) A great deal that is 
wrong, Mr. President, with all respect. 

The President. It is the people of the States 
that must for themselves determine this tiling. 
I do not want to bo engaged in a work that will 
commence a war of races. I want to begin the 
work of preparation, and tho States, or the peo- 
ple in each community, if a man demeans him- 
self well, and shows evidence that this new state 
of affairs will operate, will protect him in all hia 
rights, and give him every possible advautago 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



65 



V7hen they Lecome reconciled socially and politi- 
cally to this state of things. Then will this new 
order of things work harmoniously ; but forced 
tipon the people before they are prepared for it, 
it will be resisted, and work inharmoniously. I 
feel a conviction that driving this matter upon 
the people, upon the community, will result in 
the injury of both races, and the ruin of one or 
the other. God knows I have no desire but the 
good of the whole human race. I would it were 
so that all you advocate could be done in the 
twinkling of an eye; but it is not in the nature 
of things, and I do not assume or pretend to be 
vaser than Providence, or stronger than the laws 
of nature. 

Let us now seek to discover the laws govern- 
ing this thing. There is a great law controlling 
it ; let us endeavor to find out what that law is, 
'ind conform our actions to it. All the details 
will then properl)' adjust themselves and work 
out well in the end, 

God knows that anything I can do I will do. 
In the mighty process by which the great end 
is to be reached, anything I can do to elevate 
the races, to soften and ameliorate their condi- 
tion I will do, and to be able to do so is the sin- 
cere desire of my heart. 

I am glad to have met you, and thank you 
for the compliment you have paid me. 

Mr. Douglass. I have to return to you our 
thanks, Mr. President, for so kindly granting us 
this interview. We did not come here expect- 
ing to argue this question with your excellency, 
but simply to state what were our views and 
wishes m the premises. If we were disposed to 
argue the question, and you would grant us per- 
mission, of course we would endeavor to contro- 
vert some of the positions you have assumed. 

Mr. Dowsing. Mr. Douglass, I take it that 
the President, by his kind expressions and his 
verj' full treatment of the subject, must have 
contemplated some reply to the views which he 
has advanced, and in which we certainly do not 
concur, and I say this with due respect. 

The President. I thought you expected me 
to indicate to some extent what my views were 
on the subjects touched upon in your statement. 

Mr. Downing. We are very happy, indeed, 
to have heard them. 

Mr. Douglass. If the President will allow 
me, I would like to say one or two words in 
reply. You enfranchise your enemies and dis- 
franchise your friends. 

The President. All I have done is simply 
to indicate what my views are, as I supposed 
you expected me to, from your address. 

Mr. Douglass. My own impression is that 
the very thing that your excellency would avoid 
in the southern States can only be avoided by 
the very measure that we propose, and I would 
state to my brother delegates that because I 
perceive the President has taken strong grounds 
in favor of a given policy, and distrusting m}'- 
own ability to remove any of those impressions 
which he has expressed, I thought we had bet- 
ter end the interview with the expression of 
thanks. (Addressing the President.) But if 
your excellency will be pleased to hear, I would 
like to say a word or two in regard to that one 
matter ot the eufranclusemeut of the blacks as 



a means of preventing the very thing which 
your excellency seems to apprehend — that is a 
conflict of races. 

The President. I repeat, I merely wanted 
to indicate my views in reply to your address, 
and not to enter into any general controversy, 
as I could not well do so under the circum- 
stances. 

Your statement was a very frank one, and I 
thought it was due to you to meet it in the same 
spirit. 

Mr. Douglass. Thank you, sir. 

The President. I think you will find, so far 
as the South is concerned, that if you will all in- 
culcate there the idea in connection with the ono 
you urge, that the colored people can live and 
advance in civilization to better advantage else- 
where than crowded right down there in the 
South, it would be better for them. 

Mr. Douglass. But the masters have the 
making of the laws, and we cannot get away 
from the plantation. 

The President. What prevents you? 

Mr. Douglass. We have not the single right 
of locomotion through the Southern States now. 

The President. Why not ; the government 
furnishes you with every facility. 

Mr. Douglass. There are six days in the year 
that the negro is free in the South now, and his 
master then decides for him where he shall go, 
where he shall work, how much he shall work — 
in fact, he is divested of all political power. He 
is absolutely in the hands of those men. 

The President. If the master now controls 
him or his action, would he not control him in 
his vote ? 

Mr. Douglass. Let the negro once understand 
that he has an organic right to vote, and he will 
raise up a party in the Southern States among 
the poor, who will rally with him. There is 
this conflict that you speak of between the 
wealthy slaveholder and the poor man. 

The President. You touch right upon the 
point there. There is this conflict, and hence I 
suggest emigration. If he cannot get employ- 
ment in the South, he has it in his power to go 
where he can get it. 

In parting, the President said that they were 
both desirous of accomplishing the same ends, 
but proposed to do so by following different 
roads. 

Mr. Douglass, on turning to leave, remarked 
to his fellow delegates: "The President sends 
us to the people, and we go to the people." 

The President. Yes, sir ; I have great faith 
in the people. I believe they will do what is 
right. 

Reply of the Colored Delegation to the Presi- 
dent- 

To the Editor of the Chronicle: 

Will you do us the favor to insert in your 
columns the following reply of the colored dele- 
gation to the President of the United States ? 
Geo. T. Downing, 
In behalf of the Delegation. 

Mr. President : In consideration of a deli- 
cate sense of propriety, as well as your own re- 
peated intimations of indisposition to discuss or 
to listen to a reply to the views an i opinioaa 



56 



POLITICAL -MANUAL. 



you were pleased to express to ns in your elabo- 
rate speecli to-day, the undersigned would re- 
spectfully take this method of replying thereto. 
Relieving as we do tliat the views and opinions 
you expressed in tliat address are entirely un- 
sound and prejudicial to the highest interests of 
our race as well as our country at large, we 
cannot do other than expose the same, and, as 
far as mav be in our power, arrest their dan- 
gerous innuenee. It is not necessary at this 
time to call attention to more than two or three 
features of your remarkable address : 

1. The first point to which we feel especially 
bound to take exception is your attempt to 
found a policy opposed to our enfranchisement, 
upon the alleged ground of an existing hostilitj' 
on the part ol the Ibrrrer slaves toward the poor 
white people of tlie South. We admit the ex- 
istence of this hostility, and hold that it is en- 
tirely reciprocal. But you obviously commitau 
error by drawing an argument from an incident 
of a state of slavery, and making it a basis for 
a policy adapted to a state of freedom. The 
lostility between the whites and blacks of the 
South is easily explained. It has its root and 
Eap in the relation of slavery, and was incited 
on both sides by the cunning of the slave mas- 
ters. Those masters secured their ascendency 
over both the poor whites and the blacks by 
putting enmity between them. 

They divided both to conquer each. There 
was no earthly reason why the blacks should 
not hate and dread the poor whites when in a 
state of slavery, for it was from this class that 
their masters received their slave-catchers, slave- 
drivers, and overseers. They were the men 
called in upon all occasions by the masters when 
any fiendish outrage was to be committed upon 
the slave. Now, sir, you cannot but perceive 
that, the cause of this hatred removed, the effect 
must be removed also. Slavery is abolished. 
The cause of antagonism is removed, and you 
must see that it is altogether illogical (and "put- 
ting new wine into old bottles," " mending new 
garments with old cloth ") to legislate from slave- 
holding and slave-driving premises for a people 
whom you have repeatedly declared your pur- 
pose to maintain in freedom. 

2. Besides, even if it were true, as you allege, 
that the hostility of the blacks toward the poor 
whites must necessarily project itself into a 
state of freedom, and tliat this enmity between 
the two races is even more intense in a state of 
freedom than in a state of slavery, in the name 
©f Heaven, we reverently ask, how can you, in 
view of your professed desire to promote the 
welfare of the black man, deprive him of all 
means of defence, and clothe him whom you 
regard as his enemy in the panoidy of political 
power? Can it be that you would recommend 
a policy which would arm tlie strong and cast 
down the defenceless? Can you, by any po.ssi- 
oility of reasoning, regard this as just, fair, or 
wise? Experience proves that those are often- 
est abused who can oe abused with the greatest 
impunity. Men are whipped oftenest who are 
■whipped easiest. Peace oetwen races is not to 
be secured by degrading one race and exalting 
another, by giving power to one race and with- 
holding it from another ; but by maintaining a 



state of equal justice between all classes. First 
pure, then peaceable. 

3. On the colonization theory you were pleased 
to broach, very much could be said. It is im- 
possible to suppose, in view of the usefulness of 
the black man in time of peace as a laborer in 
the South, and in time of war as a soldier at 
the No/th, and the growing respect for his rights 
among the people, and his increasing adapta- 
tion to a high state of civilization in this his 
native land, there can ever come a time when 
he can be removed from this country without a 
terrible shock to its prosperity and peace. Be- 
sides, the worst enemy of the nation could not 
cast upon its fair name a greater infamy than 
to suppose that negroes could be tolerated among 
them in a state of the most degrading slavery 
and oppression, and must be cast away, driven 
into exile, for no other cause than having been 
freed from their chains. 

George T. Downing, 
John Jones, 
William Whipper. 
Frederick Douglass, 
Lewis H. Douglass, 

and others, 
Washington, February 7, 1866. 

Remarks at an Interview with the Committoe 
of the Legislature of Virginia. 

February 10, 1606 — A committee of the Sen- 
ate and House of Delegates of Virginia called 
upon the President, for the purpose of present- 
ing him with resolutions adopted by the General 
Assembly of Virginia. After some remarks by 
Mr. John B. Baldwin, chairman of the delega- 
tion, the President responded : 

In reply, gentlemen, to the resolutions you 
have just presented to me, and the clear and 
forcible and concise remarks which you have 
made in explanation of the position of Virginia, 
I shall not attempt to make a formal speech, but 
simply to enter into a plain conversation in re- 
gard to the condition of things in which we 
stand. 

As a premise to what I may say, permit ma 
first to tender you my thanks for this visit, and 
next to express the gratification I feel in meet- 
ing so many intelligent, responsible, and respect- 
able men of Virginia, bearing to me the senti- 
ments which have been expressed in the resolu- 
tions of your Legislature and the remarks ac- 
companying them. 

Thuy are, so far as they refer to the Constitu- 
tion of the country, the sentiments and the 
principles embraced in the charter of the Gov- 
ernment. The preservation of the Union has 
been, from my entrance into public life, one of 
my cardinal tenets. At the very incipiency of 
this rebellion I set my face against the dissolu- 
tion of the Union of the States. I do not make 
this allusion for the purj)Ose of bringing up any- 
thing which has transpii-ed which may be re- 
garded as of an unkind or un[ileasant character, 
but 1 believed then, as I believe now, and as 
you have most unmistakably indicated, that the 
security and the protection of the rights of all 
the people were to be found in the Union ; that 
we were certainly safer in the Union than wo 
were out of it. 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



67 



Upon this conviction I based my opposition 
to tlie efforts which were made to destroy tlie 
Union. I have continued those efforts, notwith- 
standing the perils througli which I have passed, 
and j^ou are not unaware that the trial has been 
a severe one. When opposition to tlie Govern- 
ment came from one section of the country, and 
that the section in which my life had been passed, 
and with which my interests were identified, I 
stood, as I stand now, contending for the Union, 
and asseverating that the best and surest way 
to obtain our rights and to protect our interests 
was to remain in the Union, under the protec- 
tion of the Constitution. 

The ordeal through which we have passed 
during the last four or five years demonstrates 
most conclusively that that opposition was 
right; and to-day, after the experiment has 
been made and has failed ; after the demonstra- 
tion has been most conclusively afforded that 
this Union cannot be dissolved, that it was not 
designed to be dissolved, it is extremely gratify- 
ing to me to meet gentlemen as intelligent and 
as responsible as yourselves, who are willing 
and anxious to accept and do accept the terms 
laid down in the Constitution and in obedience 
to the laws made in pursuance thereof. 

We were at one period separated ; the sepa- 
ration was to me painful in the extreme ; but now, 
after having gone through a struggle in which 
the powers of the Government have been tried, 
when we have swung around to a point at 
which we meet to agree and are willing to unite 
our efforts for the preservation of the Govern- 
ment, which I believe is the best in the world, 
it is exceedingly gratifying to me to meet you 
to-day, standing upon common ground, rallying 
around the Constitution and the Union of these 
States, the preservation of which, as I conscien- 
tiously and honestly believe, will result in the 
promotion and the advancement of this people. 

I repeat, I am gratified to meet you to-day, 
expressing the principles and announcing the 
sentiments to which you have given utterance, 
and I trust that the occasion will long be re- 
me:nbered. I have no doubt that your inten- 
tion is to carry out and comply with every 
single principle laid down in the resolutions you 
have submitted. I know thatsomeare distrust- 
ful ; but I am of those who have confidence 
in the judgment, in the integrity, in the intel- 
ligence, in the virtue of the great mass of the 
American people ; and having such confidence, 
I am willing to trust them, and I thank God 
that we have not yet reached that point where 
we have lost all confidence in each other. 

The spirit of the Government can only be 
preserved, we can only become prosperous and 
great as a people, by mutual forbearance and 
confidence. Upon that faith and confidence 
alone can the Government be successfully car- 
ried on. 

On the cardinal principle of representation to 
which you refer I will make a single remark. 
That principle is inherent; it constitutes one of 
the fundamental elements of this Government. 
The representatives of the States and of the 
people should have the qualifications prescribed 
Dy the Constitution of the United States, and 
those qualifications most unquestionably imply 



loyalty. He who comes as a representative, 
having the qualifications prescribed by the Con- 
stitution to fit him to take a seat in either of 
the deliberative bodies which constitute the na- 
tional legislature, must necessarily, according 
to the intendment of the Constitution, he a loyal 
man, willing to abide by and devoted to the 
Union and the Constitution of the States. He 
cannot be for the Constitution, he cannot be for 
the Union, he cannot acknowledge obedience to 
all the laws, unless he is loyal. When the peo- 
ple send such men in good faith, they are enti- 
ted to representation through them. 

In going into the recent rebellion or insurrec- 
tion against the Government of the United 
States we erred ; and in returning and resum- 
ing our relations with the Federal Government, 
I am free to say that all the responsible positions 
and places ought to be confined distinctly and 
clearly to men who are loyal. If there were 
only five thousand loyal men in a State, or a 
less number, but sufiicient to take charge of the 
political machinery of the State, those five thou- 
sand men, or the lesser number, are entitled to 
it, if all the rest should be otherwise inclined. 
I look upon it as being fundamental that the 
exercise of political power should be confined to 
loyal men ; and I regard that as implied in the 
doctrines laid down in these resolutions and in 
the eloquent address by which they have been 
accompanied. I may say, furthermore, that af- 
ter having passed through the great struggle in 
which we have been engaged, we should be 
placed upon much more acceptable ground in re- 
suming all our relations to the General Govern- 
ment if we presented men unmistakably and 
unquestionably loyal to fill the places of power. 
This bein^ done, I feel that the day is not far 
distant — I speak confidingly in reference to the 
great mass of the American people — when they 
will determine that this Union shall be made 
whole, and the great right of representation in 
the councils of the nation be acknowledged. 

Gentlemen, that is a fundamental principle. 
"No taxation without representation" was one 
of the principles which carried us through the 
Revolution. This great principle will hold good 
yet ; and if we but perform our duty, if we but 
comply with the spirit of the resolutions pre- 
sented to me to-day, the American people will 
maintain and sustain the great doctrines upon 
which the Government was inaugurated. It can 
be done, and it will be done ; and I think that 
if the effort be fairly and full}' made, with for- 
bearance and with prudence, and with discretion 
and wisdom, the end is not very far distant. 

It seems to me apparent that from every con- 
sideration the best policy which could be adopted 
at present would be a restoration of these States 
and of the Government upon correct principles. 
We have some foreign difficulties, but the moment 
it can be announced that the Union of the States 
is again complete, that we have resumed our 
career of prosperity and greatness, at that very 
instant, almost, all our foreign difficulties will be 
settled ; for there is no power upon the earth 
which will care to have a controversy or a rup- 
ture with the Government of the United States 
under such circumstances. 

If these States be fully restored, the area for 



58 



POLITICAL MANUAL. 



the circulation of the national currency, which 
is thought by some to be inflated to a very groat 
extent, will be enlarged, the number of persons 
through whose liauds it is to pass will be in- 
creasea, the quantity of commerce in which it is 
to be employed as a medium of exchange will be 
enlarged ; and then it will begin to approximate 
what we all desire, a specie standard. If all the 
States were restored — if peace and order reigned 
throughout the land, and all the industrial pur- 
suits — all the avocations of peace — were again 
resumed, the day would not be very far distant 
when we could put into the commerce of the 
world $250,000,000 or $300,000,000 worth of 
cotton and tobacco, and the various products of 
the Southern States, which would constitute, in 
part, a basis of this currency. 

Tlien, instead of the cone being inverted, we 
should reverse the position, and put the base at 
the bottom, as it ought to be ; and the currency 
of the country will rest on a sound and enduring 
basis ; and surely that is a result whicli is cal- 
culated to promote the interests not only of one 
section, but of the whole country, from one ex- 
tremity to the other. Indeed, I look upon the 
restoration of these States as being indispensable 
to all our greatness. 

Gentlemen, I know nothing further that I 
could say in the expression of my feelings on 
tliis occasion — and they are not atTected — more 
than to add, that I ^hall continue in the same 
line of policy which I have pursued from the 
commencement of the rebellion to the present 
period. My efforts have been to preserve the 
Union of the States. I never, for a single mo- 
ment, entertained the opinion that a State could 
withdraw from the Union of its own will. That 
attempt was made. It has failed. I continue 
to pursue tlie same line of policy which has been 
my constant guide. I was against dissolution. 
Dis.solution was attempted ; it has failed ; and 
now I cannot take the position that a State which 
attempted to secede is out of the Union, when I 
contended all the time that it could noU go out, 
and that it never has been out. I cannot be 
forced into that position. Hence, when the 
States and their people shall have complied with 
the requirements of the Government, I shall be 
in favor of their resuming their former relations 
to this Government in all respects. 

I do not intend to say anything personal, but 
you know as well as I do that at the beginning, 
and indeed before the beginning, of the recent 
gigantic struggle between the ditferent sections 
of the country, there were extreme men South 
and there were extreme men North. I miglit 
make use of a homely figure — which is sometimes 
aa good as any other, even in the illustrations 
of great and important questions — and say that 
it has been hammer at one end of the line and 
anvil at tlie other ; and. this great Government, 
the best the world ever saw, was kept upon the 
anvil and hammered before the rebellion, and it 
has been hammered since the rebellion ; and 
there seems to be a disposition to continue the 
hammering until the Government shall bo de- 
stroyed. I have opposed that system always, 
and I oppose it now. 

The Government, in the assertion of its powers 
and ia the mainteaanco of the principles of the 



constitution, has taken hold ot one extreme, find 
with the strong arm of physical power has put 
down the rebellion. Now, as we swing around 
the circle of the Union, with a fixed and unal- 
terable determination to stand by it, if we find 
the counterpart or the duplicate of the same 
spirit that played to this feeling and these per- 
sons in the South, this other extreme, which 
stands in the way must get out of it, and the 
Government must stand unshaken and unmoved 
on its basis. The Government must be pre- 
served. 

I will only say, in conclusion, that I hope all 
thepeopleof this country, in good faith and in the 
fullness of their hearts, will, upon the principles 
which you have enunciated here to-day, of the 
maintenance of the Constitution and the preser- 
vation of the Union, lay aside every other feel- 
ing for the good of our common country, and 
with uplifted faces to heaven swear that our 
gods and our altars and all shall sink in the dust 
together rather than that this glorious Union 
shall not be preserved. 

I am gratified to find the loyal sentiment of 
the country developing and manifesting itself in 
these expressions ; and now that the attempt to 
destroj' the government has failed at one end of 
the line, I trust we shall go on determined to 
preserve the Union in its original purity against 
all opposers. 

I thank you, gentlemen, for the compliment 
you have paid me, and I respond most cordially 
to what has been said in your resolutions and 
address, and I trust in God that the time will 
soon come when we can meet under more favor- 
able auspices than we do now. 

Speech of the 22d February, 18G6. 

[Beport of jVutiu)ial liitdli^mccr.'] 
After returning his thanks to the committee 
which had waited upon him and presented him 
with the resolutions which had been adopted, 
the President said : The resolutions, as I under- 
stand them, are complimentary of the policy 
which has been adopted and pursued by the Ad- 
ministration since it came into power. I am 
free to say to you on this occasion that it is ex- 
tremely gratifying to me to know that so large 
a portion of our fellow-citizens indorse the policy 
which has been adopted and which is intended 
to be carried out. 

This policy has been one which was intended 
to restore the glorious Union — to bring those 
great States, now the subject of controversj'-, to 
their original reh\tions to the Governmentof the 
United States. And this seems to be a day pe- 
culiarly appropriate for such a manifestation as 
this — the day that gave birth to him who founded 
the Government — that gave birth to the Father 
of our Countrj'- — that gave birth to him who 
stood at the portal when all these States entered 
into this glorious Confederacy. I say that the 
day is peculiarly appropriate to the indorse- 
ment of measures for the restoration of the Union 
that was founded by the Father of his Country. 
Washington, whose name this city bears, is em- 
balmed in the hearts of all who love their Gov- 
ernment. [A voice, "So is Andy Johnson."] 
Washington, in tlie language of his eulogists, 
I was first in peace, first in war, and first in the 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



59 



licarts of his countrymen. Ko people can claim 1 
him — no nation can appropriate hirn. His emi- | 
nence is acknowledged throughout the civilized 
world b}' all those who love free government. 
[ have had the pleasure of a visit from the asso- 
ciation which has been directing its efforts to- 
wards the completion of a monument erected to 
his name. I was prepared to meet them and 
give them my humble influence and countenance 
in aid of the work. Let the monument be 
erected to him who founded the Government, 
and that almost within the throw of a stone 
from the spot from which I now address you. 
Let it be completed. Let the pledges which all 
these States and corporations and associations 
have put in that monument be preserved as an 
earnest of our faith in and love of this Union, 
and let the monument be completed. And in 
connection with Washington, in speaking of the 
pledges that have been placed in that monu- 
ment, let me refer to one from my own State — • 
God bless her! — which has struggled for the 
preservation of this Union in the field and in the 
councils of the nation. Let me repeat, that she 
is now struggling in consequence of an innova- 
tion that has taken place in regard to her rela- 
tion with the Federal Government growing out 
of the rebellion — she is now struggling to renew 
ner relations with this Government and take the 
stand which she has occupied since 1796. Let 
me repeat the sentiment which that State in- 
scribed upon her stone that is deposited within 
the monument of freedom and in commemoration 
of Washington; she is struggling to stand by 
the sentiment inscribed on that stone, and she 
is now willing to maintain that sentiment. And 
what is the sentiment? It is the sentiment 
which was enunciated by the immortai and the 
illustrious Jackson — " The Federal Union, it 
must be preserved." 

Were it possible for that old man, who in 
statue is before me and in portrait behind me, 
to be called forth — were it possible to communi- 
cate with the illustrious dead, and he could be 
informed of the progress in the work of faction, 
and rebellion, and treason — that old man would 
turn over in his cofEn, he would rise, shake off 
the habiliments of the tomb, and again extend 
that long arm and finger and reiterate the senti- 
ment before enunciated, "the Federal Union, it 
must be preserved." But we witness what has 
transpired since his day. We remember what 
he said in 1833. When treason and treachery 
and infidelity to the Government and the Con- 
stitution of the United States stalked forth, it 
was his power and influence that went forth 
and crushed it in its incipiency. It was then 
stopped. But it was only stopped for a time, 
and the spirit continued. There were men dis- 
affected towards the Government in both the 
North and South. There were peculiar institu- 
tions in the country to which some were adverse 
and others attached. We find that one portion 
of our countrymen advocated an institution in 
the South which others opposed in the North. 
This resulted in two extremes. That in the 
South reached a point at which the people there 
were disposed to dissolve the Government of the 
United States, and they sought to preserve their 
peculiar institutions. (What I say on this oc- 



casion I want to be understood.) There was a 
portion of our countrymen opposed to this, and 
they went to that extreme tliat they were will- 
ing to break up the Government to destroy thia 
peculiar institution of the South. 

I assume nothing here to-day but the citizen — 
oae of you — who has been pleading for hia 
country and the preservation of the Constitu- 
tion. These two parties have been arrayed 
against each other, and I stand before you as I 
did in the Senate of the United States in 1860. 
I denounced there those who wanted to disrupt 
the Government, and I portrayed their true 
character. I told them that those who were en- 
gaged in the effort to break up the Government 
were traitors. I have not ceased to repeat that, 
and, as far as endeavor could accomplish it, to 
carry out the sentiment. I remarked, though, 
that there were two parties. One would des- 
troy the Government to preserve slavery ; the 
other would break up the Government to des- 
troy slavery. The objects to be accomplished 
were different, it is true, so far as slavery was 
concerned ; but they agreed in one thing — the 
destruction of tlie Government, precisely what 
I was always opjposed to ; and whether the dis- 
uiiionistscame from the South or from the North, 
I stand now where I did then, vindicating the 
Union of these States and the Constitution oi 
our country. The rebellion manifested itself in 
the South. I stood by the Government. I said 
I was for the Union with slavery. I said I was 
for the Union without slavery. In either alter- 
native I was for the Government and the Con- 
stitution. The Government has stretched forth 
its strong arm, and with its physical power it 
has put down treason in the field. That is, the 
section of CQuntry that arrayed itself against 
the Government has been conquered by the force 
of the Government itself. Now, what had we 
said to those people? We said: "No compro- 
mise ; we can settle this question with the South 
in eight and forty hours." 

I have said it again and again, and I repeat 
it now, " disband your armies, acknowledge the 
supremacy of the Constitution of the United 
States, give obedience to the law, and the whole 
question is settled." 

What has been done since ? Their armief 
have been disbanded. They come now to meet 
us in a spirit of magnanimity and say, " Wc 
were mistaken ; we made the effort to carry out 
the doctrine of secession and dissolve this Union, 
and having traced this thing to its logical and 
physical results, we now acknowledge the flag oi 
our country, and promise obedience to the Con- 
stitution and the supremacy of the law." 

I say, then, when you comply with the Con- 
stitution, when you yield to the law, when you 
acknowledge allegiance to the Government — I 
say let the door of the Union be opened, and 
the relation be restored to those that had erred 
and had strayed from the fold of our fathers. 

Who has suffered more than I have? I ask 
the question. I shall not recount the wrongs 
and the sufferings inflicted upon rne. It is not 
the course to deal with a whole neople in a 
spirit of revenge. I know there nas been a 
great deal said about the exercise of thr pardon 
power, as regards the Exeoutive ; and there is 



60 



POLITICAL MANUAL. 



no Olio -R-lio has labored harder than I to have 
the principals, the intelligent and conscious 
offenders, brought to justice and have the prin- 
ciple vlndicaled that " treason is a crime." 

But, while conscious and intelligent traitors 
are to be punished, should whole communities 
and States be made to submit to the penalty of 
death ? I have quite as much asperity, and per- 
haps as much resentment, as a man ought to have; 
but we must reason regarding man as he is, and 
must conform our action and our conduct to the 
example of Him who founded our holy reli- 
gion. 

I came into power under the Constitution of 
the country, and with the approbation of the peo- 
ple, and what did I find ? 1 found eight millions 
of jieople who were convicted, condemned under 
the law, and the penalty was death ; and, through 
revenge and resentment, were they all to be an- 
nihilated? Oh! may I not exclaim, how differ- 
ent would this be from the example set by the 
Founder of our holy religion, whose divine arch 
rests its extremities on the horizon while its span 
embraces the universe ! Yes, He that founded 
this great scheme came into the world and saw 
men condemned under the law, and the sentence 
wag death. What was his example? Instead 
of putting the world or a nation to death. He 
went forth on the cross and testified with His 
wounds that He would die and let the world 
lire. Let them repent; let them acknowledge 
their rashness ; let them become loyal, and let 
them be supjiorters of our glorious stripes and 
stars, and the Constitution of our country. I 
Bay let the leaders, the conscious, intelligent trai- 
tors, meet the penalties of the law. But as for 
the great mass, who have been forced into the 
rebellion — misled in other instances — let there be 
clemency and kindness, and a trust and a confi- 
dence in them. But, my countrymen, after hav- 
ing passed through this rebellion, and having 
given as much evidence of enmity to it as some 
who croak a great deal about the matter — 
when I look back over tho battle-field and 
see many of those brave men in whose com- 
fiany I was, in localities of the rebellion where 
the contest was most difficult and doubtful, and 
who yet were patient; when I look back over 
these fields, and where tlie smoke has scarcelj^ 
passed away ; where the blood that has been 
shed has scarcely been absorbed — before their 
bodies have passed through the stages of decom- 
yiosition — what do I find? The rebellion is put 
down by the strong arm of the Government in 
the field. But is this the only way in which we 
can have rebellions? This was a struggle against 
a change and a revolution of the Government, 
and before we fully get from the battle-fields — 
when our brave men have scarcely returned to 
their homes and renewed the ties of aff'ection 
and love to their wives and their children — we 
are now almost inaugurated into another re- 
bellion. 

One rebellion was the effort of States to se- 
cede, and the war on thepartof thoGovernment 
,vas to prevent them from accomf)lishing that, 
and ttiereby changing the character of our Gov- 
ernment and weakening its power. When the 
Government has succeeded, there is an attempt 
now to concentrate all power in the hands of a 



few at the federal head, and thereby bring about 
a consolidation of the Republic, which is equally 
objectionable with its dissolution. We find a 
power assumed and attempted to be exercised of 
a most extraordinary character. We see now 
that governments can be revolutionized without 
going into the battle-field; and sometimes the 
revolutions most distressing to a people are ef 
fected without the shedding of blood. That is, 
the substance of your Government may be taxen 
away, while there is held out to j'ou the form 
and the shadow. And now, what are the at- 
tempts, and what is being jiroposed? We find 
that by an irresponsible central directory nearly 
all the powers of Congress are assumed, without 
even consulting the legislative and executive 
departments of the Government. By a resolution 
reported by a committee, upon whom and in 
whom the legislative power of the Government 
has been lodged, that great principle in the Con- 
stitution which authorizes and empowers the 
legislative department, the Senate and House of 
Representatives, to be the judges of elections, 
returns, and qualifications of its own members, 
has been virtually taken away from the two 
respective branches of the national legislature, 
and conferred upon a committee, who must report 
before the body can act on the question nf the 
admission of members to their seats. By this 
rule they assume a State is out of the Union, 
and to have its practical relations restored by 
that rule, before the House can judge of the 
qualifications of its own members. What posi- 
tion is that? You have been struggling for four 
years to put down a rebellion. You contended 
at the beginningof that struggle that a State h;td 
not a right to go out. You said it im I neitt:' : 
the right nor the powe-, nnd it ha.-^ n .-ettled 
that the States had Beither the right nor the 
power to go out of the I nion. An" "vi.en .'ou 
determine by the executive, by the military, aLd 
by the public judgment, that these States cannot 
have any right to gr out, this committee turns 
around and assume*- that they are out, and that 
they shall not come \:\ 

I am free to say to yon, as your Executive. 
that I am notpreyiared to take any such position. 
I said in the Senate, in the very inception of 
this rebellion, that the States had no right to 
secede. That question has been settled. Thus 
determined, I cannot turn round and give tho 
lie direct to all that I profess to have done during 
the last four years. 1 say that when the States 
that attempted to secede comply with the Con- 
stitution, and give sufficient evidence of loyalty. 
I shall extend to them the right hand of fellow- 
ship, and let peace and union be restored. I am 
opposed to the Davises, the Toombses, the Slidells, 
and the long list of such. But wiien I perceive, 
on the other hand, men — [A vome, 'Call them 
off"] — I care not by what name you call them — 
still opposed to the Union, I ■mi iree to say to 
you that I am still with the people. I arn still 
for the preservation of these States, for the 
preservation of this Union, and in favor off,hi« 
great Government accomplishing its destiny. 

[Here the President was called upon to give 
the names of three of the members of Congress 
to whom he had alluded as being opposed to the 
Union.] 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



61 



Tho genllcmau calls for three names. I am 
.talking to my friends and fellow-citizens here. 
Suppose I should name to you those whom I 
look upon as being opposed to the fundamental 
principles of this Government, and as now labor- 
ing to destroy them. I say Thaddeus Stevens, 
of Pennsylvania; I say Charles Sumner, of 
Massachusetts ; I say Wendell Phillips, of Mas- 
sachusetts. [A voice, " Forney !"] 

I do not v/aste my fire on dead ducks. I stand 
for the country, and though my enemies may 
traduce, slander, and vituperate, I may say, that 
has no force. 

In addition to this, I do not intend to be gov- 
erned by real or pretended friends, nor do I in- 
tend to be bullied by my enemies. An honest 
conviction is my sustenance, the Constitution my 
guide. I know, my countrymen, that it has been 
insinuated — nay, said directly, in high places — 
that if such a usurpation of power had been ex- 
ercised two hundred years ago, in particular 
reigns, it would have cost an individual his head. 
What usurpation has Andrew Johnson been 
guilty of? [Cries of " None."] My onl}'- usur- 
pation has been committed by standing between 
tlie people and the encroachments of power. 
And because I dared say in a conversation with 
a. fellovz-citizen and a Senator too, that I thought 
amendments to the constitution ought not to be 
io frequent, lest the instrument lose all its sanc- 
tity and dignity, and be wholly lost sight of in 
a short time, and because I happened to say in 
conversation that I thought that such and such 
an amendment was all that ought to be adopted, 
it was said that I had suggested such a usurpa- 
tion of power as would have cost a king his head 
in a certain period ! In connection with this 
subject, one has exclaimed that we are in the 
" midst of eartliquakes and he trembled." Yes, 
there is an earthquake approaching, there is a 
groundswell coming, of popular judgment and 
indignation. The American people will speak, 
and by their instinct, if in no other way, know 
who are their friends, when and whore and in 
whatever position I stand — and I have occupied 
many positions in the government, going through 
both branches of the legislature. Some gen- 
tleman here behind me says, " And was a tailor." 
Now, that don't affect me in the least. When 
I was a tailor I always made a close fit, and was 
always punctual to my customers, and did good 
work. 
[A voice. No patchwork.] 
The President. No, I did not want any 
patchwork. But we pass by this digression. 
Intimations have been thrown out — and when 
principles are involved and the existence of my 
country imperiled, I will, as on, former occa- 
sions, speak what I think. Yes ! Cost him his 
head ! Usurpation ! When and where have I 
been guilty of this ? Where is the man in all 
the positions I have occupied, from that of alder- 
man to the Vice Presidency, who can say that 
Andrew Johnson ever made a pledge that he did 
not redeem, or ever made a promise that he vio- 
lated, or that he acted with falsity to the people! 
They may talk about beheading; but when I 
am beheaded I want the American people to be 
the witness. I do not want by inuendoes of 
a-n indirect character in high places to have one 



say to a man v;ho has assassination broiling in 
his heart, "there is a fit subject," and also ex- 
claim that the "presidential obstacle" must be 
got out of the way, when possibly the intention 
was to institute assassination. Are those who 
want to destroy our institutions and change the 
character of the Government not satisfied with 
the blood that has been shed? Are they not 
satisfied with one martyr ? Does not the blood 
of Lincoln appease the vengeance and wrath of 
the opponents of this Government? Is their 
thirst still unslaked ? Do they want more blood ? 
Have they not honor and courage enough to 
eti'ect the removal of the presidential obstacle 
otherwise than through the hands of the assas- 
sin? I am not afraid of assassins; but if it 
must be, I would wish to be encountered wliero 
one brave man can oppose another. I hold hira 
in dread only who strikes cowardly. But if 
they have courage enough. to strike like men, 
(I know they are willing to wound, but they 
are afraid to strike ;) if my blood is to be shed 
because I vindicate the Union and the preserva- 
tion of this Government in its original purity 
and character, let it be so; but when it is done, 
let an altar of the Union be erected, and tlien, 
if necessary, lay me upon it, and the blood tbat 
now warms and animates my frame shall be 
poured out in a last libation as a tribute to the 
Union ; and let the opponents of this Govern- 
ment remember that when it is poured out the 
blood of the martyr will be the seed of the 
church. The Union will grow. It will continue 
to increase in strength and power, though it 
may be cemented and cleansed with blood. 

I have talked longer, my countrymen, th.in 
I intended. Witli many acknowledgments for 
the honor you have done me, I will say one 
word in reference to the amendments to the 
Constitution of the United States. Shortly 
after I reached Washington, for the purpose of 
being inaugurated Vice President, I had a 
conversation with Mr. Lincoln. We were 
talking about the condition of affairs, and in 
reference to matters in my own State. I said 
we had called a convention and demanded a 
constitution abolishing slavery in the State, 
which provision was not contained in the Presi- 
dent's proclamation. This met with his appro- 
bation, and he gave me encouragement. In 
talking upon the subject of amendments to the 
Constitution, he said, " when the amendment 
to the Constitution now proposed is adopted by 
three-fourths of the States, I shall be pretty 
nearly or quite done as regards forming amend- 
ments to the Constitution if there should 
be one other adopted." I asked what that 
other amendment suggested was, and he replied, 
" I have labored to preserve this Union. I have 
toiled four years. I have been subjected to 
calumny and misrepresentation, and my great 
and sole desire has been to preserve these States 
intact under the Constitution, as they were be- 
fore ; and there should be an amendment to the 
Constitution which would compel the States to 
send their Senators and Representatives to the 
Congress of the United States." He saw, as 
part of the doctrine of secession, that the States 
could, if they were prepared, withdrav/ their 
Senators and Representatives ; and he wished to 



62 



POLITICAL MANUAL. 



remo'ly this evil by the adoption of the amend- 
mfiit9iig'g>3sted. Even that jiortion of the Con- 
stitutio '^\ hich differs from other organic law says 
that no State shall be deprived of its represen- 
tation. We now find the position taken that 
States shall not be recognized ; that we will 
impose taxation; and where taxes are to be 
imposed the Representatives elect from thence 
are rnet at the door, and told: " No ; you must 
pay taxes, but you cannot participate in a Gov- 
ernment which is to aflect you for all time." Is 
this just? [Voices — "No! No!"] We see, 
then, where we are going. I repeat, that I am 
for the Union. I am for preserving all the 
States. They may havo erred, but let us admit 
those into the counsels of the nation who are 
unmistakably loyal. Let the man who acknowl- 
edges allegiance to the Government, and swears 
to support the Constitution, (he cannot do this 
in good faith unless he is loyal ; no amplification 
of the oath can make anj'' difference ; it is mere 
detail, which I care nothing about;) let him be 
unquestionably loyal to the Constitution of the 
United States and its Government, and willing 
to support it in its peril, and I am willing to 
trust him. I know that some do not attach so 
much importance to the principle as I do. One 
principle that carried us through the revolution 
was, that there should be no taxation with- 
out representation. I hold that that principle, 
which was laid down by our fathers for the 
country's good then, is important to its good 
now. If it was worth battling for then, it is 
worth battling for now. It is fundamental, and 
should be preserved so long as our Government 
lasts. I know it was said by sume during the 
rebellion that the Constitution had been rolled 
up as a piece of parchment, and should be put 
away, and that in time of rebellion there was 
no constitution. But it is now unfolding ; it 
must now be read and adjusted and understood 
by the American people. 

I come here to-day to vindicate, in so far as I 
can in these remarks, the Constitution ; to save 
it, as I believe ; for it does seem that encroach- 
ment after encroachment is to be pressed ; and as 
I resist encroachments on the Government, I 
stand to-day prepared to resist encroachments on 
the C-onstitution, and thereby preserve the 
Government. It is now peace, and let us have 

fieace. Let us enforce the Constitution. Let us 
,ive under and by its provisions. Let it be 
published in blazoned characters, as though it 
were in the heavens, so that all may read and 
all may understand it. Let us consult that in- 
etrument, and, understanding its principles, let 
us apply them. I tell the opponents of this 
Government, and I care not from what quarter 
they ("ome — East or West, North or South — " you 
that are engaged in the work of breaking up 
this Government are mistaken. The Constitu- 
tion and tlie princii)le3 of free government are 
deefily rooted in the American heart." All the 
powers combined, I care not of what character 
they are, cannot destroy the image of freedom. 
They may succeed for a time, but their attempts 
will bo futile. They may as well attempt to 
lock up the winds or chain the waves. Yes, 
they may as well attempt to repeal it, (as it 
would seem the Constitution can be,) by a con- 



current resolution ; but when it is submitted to 
the popular judgment, they will find it just aa 
well to introduce a resolution repealing the law 
of gra\ itation ; and the idea of preventing the 
restoration of the Union is as about as feasible 
as resistance to the great law of gra\it}' which 
binds all to a common centre. This great law 
of gravitation will bring back those States to 
harmony and their relations to the Federal Gov- 
ernment, and all machinations North and South 
cannot prevent it. All that is wanting is time, 
until the American people can understand what 
is going oa, and be ready to accept the view 
just as it appears to me. I would to God that 
the whole American people could be assem- 
bled here to-day as you are. I could wish to 
have an amphitheatre large enough to con- 
tain the whole thirty millions, that they could 
be here and witness the great struggle to pre- 
serve the Constitution of our fathers. Ihey 
could at once see what it is, and how it is, and 
what kind of spirit is manifested in the attempt 
to destroy the great principles of free govern- 
ment ; and they could understand who is for 
them and who is against them, and who was for 
ameliorating their condition. Their opposers 
could be placed before them, and there might be 
a regular contest, and in the first tilt the ene- 
mies of the country would be crushed. I have 
detained you longer than I intended ; but in 
this struggle I am your instrument. Where is 
the man or woman, in private or public life, that 
has not always received my attention and my 
time? Sometimes it is said, "that man John- 
son is a lucky man." I will tell you what con- 
stitutes good fortune. Doing right and being 
for the people. The people in some particular 
or other, notwithstanding their sagacity and 
judgment, are frequently underrated or under- 
estimated ; but somehow or other the great mass 
of the people will find out who is for them and 
who is against them. You must indulge me in 
this allusion, when I say I can lay my hand on 
my bosom and say that in all the positions in 
which I have been placed — many of them as 
trying as any in which mortal man could be put 
— so far, thank God, I have not deserted the 
people, nor do I believe they will desert me. 
What sentiment have I swerved from ? Can 
my calumniators put their finger on it? Can 
they dare indicate a discrepancy or a deviation 
from principle ? 

Have you heard them at any time quote my 
predecessor, who fell a martyr to his course, as 
coming in controversy with anything I advo- 
cated ? An inscrutable Providence saw proper 
to remove him to, I trust, a better world than 
this, and I came into power. Where is there 
one principle in reference to this restoration that 
I have departed from? Then the war is not 
simply upon me, but it is upon my predecessor. 
I have tried to do my duty. I know some ara 
jealous in view of the White House, and I say 
all that flummery has as little influence on me 
as it had heretofore. The conscious satisfaction 
of having performed my duty to my country, 
my children, and my God, is all the reward 
which I shall ask. 

In concUu-ion of what I have to say, let me 
ask this vast concourse, this sea of upturned 



PRESIDENTIAL INTERVIEWS AND SPEECHES. 



63 



faces, to go with me — or I will go with you — 
AD 'i stand around the Constitution of our country ; 
it is a^ain unfolded, and the people are invited 
to read and understand it, and to maintain its 
provisions. Let us stand by the principles of 
our fathers, though the heavens fall; and then, 
though factions array their transient forces to 
give vituperation after vituperation in the most 
virulent manner, I intend to stand by the Con- 
stitution as the chief ark of our safety, as the 
palladium of our civil and religious liberty. 
Yes, let us cling to it as the mariner clings to 
the last plank when the night and the tempest 
close around him. 

Accept my thanks, gentlemen, for the indul- 
gence you have given me in my extemporaneous 
remarks. Let us go on, forgetting the past and 
looking only upon the future, and trusting in 
Him that can control all that is on high and 
here below, aud hoping that hereafter our Union 
will be restored, and that we will have peace on 
earth and good will towards man. 

Speech to the Colored People of the District of 
Columbia, Celebrating the Third Anniversary 
of their Emancipation. 

April 19, 1866 — I have nothing more to say 
to you on this occasion than to thank you for 
this compliment you have paid me in presenting 
yourselves before me on this your day of cele- 
bration. I come forward for the purpose of in- 
dicating my approbation and manifesting my 
appreciation of the respect thus ofi'ered or con- 
ferred. 

I thank you for the compliment, and I mean 
what I say. And I will remark in this connec- 
tion to this vast concourse that the time will 
come, and that, too, before a great while, when 
the colored population of the United States will 
find out who have selected them as a hobby and 
a pretence by which they can be successful in 
obtaining and maintaining power, and who have 
been their true friends, and wanted them to 
participate in and enjoy the blessings of freedom. 

The time will come when it will be made 
known who contributed as much as any other 
man, and who, without being considered egotis- 
tic, I may say contributed more, in procuring 
the great national guarantee of the abolition of 
slavery in all the States, by the ratification of 
the amendment to the Constitution of the United 
States — giving a national guarantee that slavery 
shall no longer be permitted to exist or be re- 
established in any State or jurisdiction of the 
United States. 

I know how easy it is to cater to prejudices, 
and how easy it is to excite feelings of prejudice 
and unkindness. I care not for that. I have 
been engaged in this work in which my all has 
been periled. I was not engaged in it as a 



hobby, nor did I ride the colored man for tho 
sake of gaining power. What I did wa-s for 
the purpose of esta!)lishing the great principles 
of freedom, And, thank God, I feel and know 
it to be so, that my efforts liave contributed as 
much, if not more, in accomplishing this great 
national guarantee, than those of any other 
living man in the United States. 

It, is very easy for colored men to have pre- 
tended friends, ensconced in high places, and far 
removed from danger, whose eyes have only 
abstractly gazed on freedom ; who have never 
exposed their limbs or property, and who never 
contributed a sixjience in furtherance of the 
great cause, while another periled his all, and 
put up everything sacred and dear to man, and 
those whom he raised and who lived with him 
now enjoy his property with his consent, and 
receive his aid and assistance; yet some who as- 
sume, and others who have done nothing, are 
considered the great defenders and protectors of 
the colored man. 

I repeat, my colored friends, here to-day, the 
time will come, and that not far distant, when it 
will be proved wiio is practically your best 
friend. 

My friendship, so far as it has gone, has not 
been for place or power, for I had these already. 
It has been a principle with me, and I thank 
God the great I'nnciple has been established, that 
wherever any individual, in the language of a 
distinguished orator and statesman, treads Amer- 
ican soil, his soul swells within him beyond the 
power of chains to bind him, in appreciation of 
the great truth that he stands forth redeemed, 
regenerated, and disenthralled by the genius of 
universal emancipation! 

Then let me mingle with you in celebration 
of the day which commenced your freedom. I 
do it in sincerity and truth, and trust in God the 
blessings which have been conferred may be en- 
joyed and appreciated by you, and that you may 
give them a proper direction. 

There is something for all to do. You have 
high and solemn duties to perform, and you 
ought to remember that freedom is not a mere 
idea. It must be reduced to practical reality. 
Men in being free have to deny themselves many 
things which seem to be embraced in the idea of 
universal freedom. 

It is with you to give evidence to the world 
and the people of the United States, whether 
you are going to appreciate this great boon as it 
should be, and that you are worthy of being 
freemen. Then let me thank you with sincerity 
for the compliment you have paid me by passing 
through here to-day and paying your respects 
to me. I repeat again, the time will come when 
you will know who has been your best friend, 
and who has not been your friend from merce- 
nary considerations. Accept my thanks. 



"VI. 



SPECIAL AND VETO MESSAGES OF PRESIDENT JOHNSON, 

■WITH THE 

VOTES IN CONGRESS ON THE PASSAGE OF THE VETOED BILLS. 



The Annual Message, December 4, 1865. 

The following extracts relate to reconstruc- 
tion : 

I found the States suffering from the effects of 
a civil war. Eesistance to the General Gov- 
ernment appeared to have exhausted itself. The 
United States had recovered possession of their 
forts and arsenals, and their armies were in 
the occupation of every State vrhioh had at- 
tempted to secede. Whether the territory within 
the limits of those States should he held as 
conquered territory, under military authority 
emanating from the President as the head of the 
army, was the first question that presented itself 
for aecislon. 

Now, military governments, established for 
an indefinite period, would have offered no se- 
curity for the early suppression of discontent ; 
would have divided the people into the van- 
quishers and the vanquished ; and would have 
envenomed hatred, rather than have restored 
affection. Once established, no precise limit to 
their continuance was conceivable. They would 
have occasioned an incalculable and exhausting 
expense. Peaceful emigration to and from that 
portion of the country is one of the best means 
that can be thought of for the restoration of 
harmony, and that emigration would have been 
prevented ; for what emigrant from abroad, 
what industrious citizen at home, would place 
himself willingly under military rule? The 
chief persons who have followed in the train of 
the army would have been dependents on the 
General Government, or men who expected 
profit from the miseries of their erring fellow- 
citizens. The powers of patronage and rule 
which would have been exercised, under the 
President, over a vast and populous and natu- 
rally wealthy region, are greater than, unless 
uncfer extreme necessity, I should be willing to 
intrust to any one man ; they are such as, for 
myself, I could never, unless on occasions of 
great emergency, consent to exercise. The wil- 
ful use of such powers, if continued through a 
period of years, would have endangered the 
purity of the general administration and the 
liberties of tlie States which remained loyal. 

Besides, the policy of military rule over a 
conquered territory would have implied that 
the States whose inhabitants may have taken 
part in the rebellion had, by the act of those 
inhabitants, ceased to exist. But the true theory 
i.s, that all pretended acts of secession wore, 



from the beginning, null and void. The States 
cannot commit treason, nor screen the individ- 
ual citizens who may have committed treason, 
any more than they could make valid treaties or 
engage in lawful commerce with any foreign 
po7'er. The States attempting to secede placed 
themselves in a condition where their vitality 
was impaired, but not extinguished — their func- 
tions suspended, but not destroyed. 

But if any State neglects or refuses to perfoi-in 
its offices, there is the more need tliat the General 
Government should maintain all its nutliority, 
and, as soon as practicable, resume the exorcise 
of all its functions. On this principle I liave 
acted, and have gradually and quietly, and by 
almost imperceptibe steps, sought to restore the 
rightful energy of the General Government and 
of the States. To that end, provisional gov- 
ernors have been appointed for the States, con- 
ventions called, governors elected, legislatures 
assembled, and Senators and Representatives 
chosen to the Congress of the United States. At 
the same time, the Courts of the United States, 
as far as could be done, have been reopened, so 
that the laws of the United States may be en- 
forced through their agency. The blockade has 
been removed and the custom-houses re-estab- 
lished in yiorts of entry, so that tlie revenue of 
the United States may be collected. The Post 
Office Department renews its ceaseless activity, 
and the General Government is thereby enabl-^d 
to communicate promptly with its ofiicers and 
agents. The courts bring security to persons 
and yiroperty ; the opening of the ports invites 
the restoration of industry and commerce ; the 
post office renews the facilities of social inter- 
course and of business. And is it not hap[>y lor 
us all, that the restoration of each one of theso 
functions of the General Government brings 
with it a blessing to the States over which they 
are extended? Is it not a sure promise of har- 
mony and renewed attachment to the Union 
that, after all that has happened, the return of 
the General Government is known only as a 
ben'^'ficence ? 

I know very well that this policy is attended 
with some risk ; that for its success it requires 
at least the acquiescence of the States which it 
concerns; that it implies an invitation to thoso 
States, by renewing their allegiance to the United 
States, to resume their functions as States of tho 
Union. But it is a risk that must be taken ; in 
the choice of difficulties, it is the smallest risk; 
and to diminish, and, if possible, to remove all 

64 



VETOES AND VOTES. 



65 



danf;;er, I nave felt it incumbent on me to assert 
one other pov/er of the General Government — 
the power of pardon. As no State can throw a 
defence over the crime of treason, the power of 
pardon is exclusively vested in the executive 
government of the United States. In exercising 
that power, I have taken every precaution to 
connect it with the clearest recognition of the 
binding force of the laws of the United States, 
and an unqualitied acknowledgment of the great 
social cliange of condition in regard to slavery 
which has grown out of the war. 

The next step which I have taken to restore 
the constitutional relations of the States, has been 
ftn invitation to them to participate in the high 
office of amending the Constitution. Every pa- 
triot must wish for a general amnesty at the 
earliest epoch consistent with public safety. For 
this great end there is a need of a concurrence 
of all opinions, and the spirit of mutual concil- 
iation. All parties in the late terrible conflict 
must work together in harmony. It is not too 
much to ask, m the name of the whole people, 
that, on the one side, ihe plan of restoration 
shall proceed in conformity with a willingness 
to cast the disorders of the past into oblivion ; 
and that, on the other, the evidence of sincerity 
in the future maintenance of the Union shall be 
put beyond any doubt by the ratification of the 
propo.-^ed amendment to the Constitution, which 
provides for the abolition of slavery forever 
within the limits of our country. So long as the 
adoption of this amendment is delayed, so long 
will doubt and jealousy and uncertainty pre- 
vail. This is the measure which will efface the 
sad memory of the jast; this is the measure 
which will most certainly call population and 
capital and security to those parts of the Union 
that need them most. Indeed, it is not too much 
to ask of the States which are now resuming 
their places in the family of the Union to give 
this pledge of perpetual loyalty and peace. 
Until it is done, the past, however much we may 
desire it, will not be forgotten. The adoption 
of the amendment reunites us beyond all power 
of disruption. It heals the wound tliat is im- 
perfectly closed ; it removes slavery, the element 
which has so long perplexed anci divided the 
country ; it makes of us once more a united 
people, renewed and strengthened, bound more 
than ever to mutual ati'ection and support. 

The amendment to the Constitution being 
adopted, it would remain for the States, whose 
powers have been so long in abeyance, to re- 
sume their places in the two branches of the na- 
tional legislature, and thereby complete the 
work of restoration. Here it is for you, fellow- 
citizens of the Senate, and for you, fellow-citi- 
zens of the House of Representatives, to judge, 
each of you for yourselves, of the elections, re- 
turns, and qualiiKations of your own members. 

The full assertion of the powers of the Gene- 
ral Government requires the holding of circuit 
courts of the United States within the districts 
where their authority has been interrupted. In 
the present posture of our public affairs, strong 
objections have been urged to holding those 
courts in any of the States where the rebellion 
has existed ; and it was ascertained, by inquiry, 
that the circuit court of the United States would 
no*- bo held within the district of Virginia dur- 



ing the autumn or early winter, nor until Con- 
gress should have " an opportunity to consider 
and act on the whole subject." To your delib- 
erations the restoration of this brancli of the 
civil authority of the United States is therefore 
necessarily referred, with the hope that early 
provision will be made for the resumption of all 
its functions. It is manifest that treason, most 
flagrant in character, has been committed. 
Persons who are charged with its commission 
should have fair and impartial trials in the 
highest civil tribunals of the country, in order 
that the Constitution and the laws may be fully 
vindicated ; the truth clearly established and 
affirmed that treason is a crime, that traitors 
should be punished and the offence made infa- 
mous ; and, at the same time, that the question 
be judicially settled, finally and forever, that no 
State of its own will has the right to renounce 
its place in the Union. 

The relations of the General Government to- 
wards the four millions of inhabitants whom 
the war has called into freedom Lave engaged 
my most serious consideration. On the pro- 
priety of attempting to make the freedmen elec- 
tors by the proclamation of the Executive, I 
took for my counsel the Constitution itself, the 
interpretations of that instrument by its au- 
thors and their contemporaries, and recent legis- 
lation by Congress. When, at the first move- 
ment towards independence, the Congress of the 
United States instructed the several States to 
institute governments of their own, they left each 
State to decide for itself the conditions for the 
enjoyment of the elective franchise. During 
the period of the confederacy, there continued 
to exist a very great diversity in the qualifica- 
tions of electors in the several States ; and even 
within a State a distinction of quajification pre 
vailed with regard to the officers who were to 
be chosen. The Constitution of the United 
States recognises the diversities when it enjoins 
that, in the choice of members of the House of 
Representatives of the United States, " the elec- 
tors in each State shall have the qualifications 
requisite for electors of the most numerous 
branch of the State legislature." After the 
formation of the Constitution, it remained, as 
before, the, uniform usage for each State to en- 
large the body of its electors, according to its 
own judgment; and, under this system, one 
State after another has proceeded to increase 
the number of its electors, until now universal 
suffrage, or something very near it, is the gene- 
ral rule. So fixed was this reservation of power 
in the habits of the people, and so unquestioned 
has been the interpretation of the Constitution, 
that during the civil war the late President never 
harbored the purpose — certainly never avowed 
the purpose — of disregarding it ; and in the acts; 
of Congress, during that period, nothing can be- 
found which during the continuance of hostili- 
ties, much less after their close, would have sanc- 
tioned any departure by the Executive from a 
policy which has so uniformly obtained. More- 
over, a concession of the elective franchise to 
the freedmen, by act of the President of the 
United States, must have been extended to all 
colored men, wherever found, and so mast have 
established a change of suffrage in the Northern, 
Middle, and Western States, not less than in the 



66 



POLITICAL MANUAL. 



Soutlicm and Southwestern. Such an act would 
have created a new class of voters, and would 
havf been an assumption of power by the Presi- 
dent which notliing in the Constitution or laws 
of the- United States would have warranted. 

On the other hand, ever\' danger of conflict is 
avoided when the settlement of the question is 
referred to the several States. They can, each 
for itself, decide on the measure, and wliether it 
is to be adopted at once and abi^olutel3^ or intro- 
duced gradually and with conditions. In my 
judgment, the freedmcn, if they sliow patience 
and manly virtues, will sooner obtain a partici- 
pation in the elective franchise through ti)e 
States than through the General Government, 
even if it had power to intervene. When tlie 
tumult of emotions that have been raised by the 
suddenness of the social change shall have sub- 
sided, it may prove that they will receive the 
kindliest usage from some of those on whom 
they have heretofore most closely depended. 

But while I have no doubt that now, after the 
close of the war, it is not competent for the 
General Government to extend the elective fran- 
chise in the several States, it is equally clear 
that good faith requires the security of the freed- 
msn in their liberty and in their property, their 
right to labor, and their right to claim the just 
return of their labor. I cannot too strongly 
urge a dispassionate treatment of this subject, 
which should be carefully kept aloof from all 
party strife. We must equally avoid hasty as- 
nimptions of any natural impossibility for the 
two races to live side by side, in a state of mu- 
tual benefit and good will. The experiment 
involves us in no inconsistency; let us, then, go 
on and make that experiment in good faith, and 
not be too easily disheartened. The country is 
in need of labor, and the freedmen are in need 
of employment, culture, and protection. Wiiile 
their right of voluntary raij^ration and expatria- 
tion is not to be questioned, I would not advise 
their forced removal and colonization. Let us 
rather encourage them to honorable and useful 
industry, where it may be beneficial to them- 
selves and to the country; and, instead of hasty 
anticipations of the certainty of failure, let there 
1)6 nothing wanting to the fair trial of the ex- 
periment. The change in their condition is the 
eubstitution of labor by contract for tlie status 
of slavery. The freeduian cannot fairly be ac- 
cused of unwillingness to work, so long as a 
doubt remains about his freedom of choice in 
his pursuits, and the certainty of his recovering 
his stipulated wages. In this the interests of 
the employer and the employed coincide. The 
employer desires in his workmen spirit and alac- 
rity, and these can be permanently secured in 
no other way. And if the one ouglit to be able 
to enforce the contract, so ought the other. The 
public interest will be best promoted if the sev- 
eral States will provide adequate protection and 
remedies for the freedmen. Until this is in 
some way accomplished, there is no chance lor 
the advantageous use of their labor ; and the 
blame of ill success will not rest on them. 

I know that sincere philanthropy is earnest 
for the immcdiato realization of its remotest 
aims ; but time is always an element in reform. 
It is one of tlie greatest acts on record to have 
brought four mulions of people into freedom. 



The career of free industry must be fairly opened 
to them : and then their future prosperity and 
condition must, after all, rest mainly on "them- 
selves. If they fail, and so perish away, let u* 
be careful that the failure shall not be attribu- 
table to any denial of justice. In all that re- 
lates to the destiny of the freedmen, we need 
not be too anxious to read the future; many in- 
cidents which, from a speculative point of vietr, 
might raise alarm, will quietly settle themselves. 
Now that slavery is at an end or near its end, 
the greatness of its evil, in the point of view of 
public economy, becomes more and more appar- 
ent. Slavery was essentially a monopoly of 
labor, and as such locked the States where it 
prevailed against the incoming of free industry. 
Where labor was the property of the capitalist, 
the white man was excluded from employment, 
or had but the second best chance of finding it ; 
and the foreign emigrant turned away from the 
region where his condition would be so precari- 
ous. With the destruction of the monopoly, 
free labor will hasten from all parts of the civil- 
ized world to assist in developing various and im- 
measurable resources which have hitherto lain 
dormant. Tlie eight or nine States nearest tlie 
Gulf of Mexico have a soil of exuberant fertility, 
a climate friendly to long life, and can sustain a 
denser population than is found as yet in any 
part of our country. And the future influx of 
population to them will be mainly from the 
North, or from the most cultivated nations in 
Europe. From the suS'erings that have attend- 
ed them during our late struggle, let us look 
away to the future, which is sure to be laden 
for them with greater prosperity than has ever 
before been known. The removal of the mo- 
nopoly of slave labor is a pledge that tho§e re- 
gions will be peopled by a numerous and enter- 
prising population, which will vie with any in 
the Union in compactness, inventive genius, 
wealth, and industry. 

Message on the late Insurrectionary States. 

To the Senrnte of the United States : 

In reply to the resolution adopted by the Sen- 
ate on the 12th instant, I have the honor to 
state that the rebellion waged by a portion 
of the people against the properly-constituted 
authorities of the Government of the United 
States has been suppressed ; that the United 
States are in possession of every State in which 
the insurrection existed ; and that, as far as 
could be done, the courts of the United States 
have been restored, post offices re-established, 
and steps taken to put into effective operation 
the revenue laws of the country. 

As the result of the measures instituted by 
the Executive, with the view of inducing a 
resumption of the functions of the States com- 
prehended in the inquiry of the Senate, the 
people in North Carolina, South Carolina, Geor- 
gia, Alabama, Mississippi, Lonisiana, Arkansas, 
and Tennessee, have reorganized their re^-pect- 
ive State governments, and " are yielding obe- 
dience to the laws and Government of the Uni- 
ted States" with more willingness and greater 
promptitude than under the circumstances could 
reasonably have been anticipated. The pro 
posed amendment to the Constitution, provid- 
ing for the abolition of slavery forever within 



VETOES AND VOTES. 



67 



the limits of the coiintrj', has heen ratified by 
each one of those States, with the oxception of 
Mississippi, from which no oiScial information 
has yet been received ; and in nearly all of 
them measures have been adopted or are now 
pending, to confer upon freedmsn rights and 
privileges which are essential to their comfort, 
protection, and security. In Florida and Texas 
the people are making commendable progress 
in restoring their State governments, and no 
doubt is entertained that they will at an early 
period be in a condition to resume all of their 
practical relations to the Federal Government. 

In " that portion of the Union lately in re- 
bellion" the aspect of affairs is more promising 
than, in view of all the circumstances, could 
well have been expected. The people through- 
out the entire South evince a laudable desire to 
renew their allegiance to the Government, and 
to repair the devastations of war by a prompt 
and cheerful return to peaceful pursuits. An 
abiding faith is entertained that their actions 
vill conform to their professions, and that, in 
acknowledging the supremacy of the Constitu- 
tion and the laws of the United States, their 
loyalty will be unreservedly given to the Gov- 
ment, whose leniency they cannot fail to ap- 
preciate, and whose fostering care will soon 
restore them to a condition of prosperity. 

It is true that in some of the States the de- 
moralizing effects of the war are to be seen in 
occasional disorders; but these are local in 
character, not frequent in occurrence, and are 
rapidly disappearing as the authority of civil law 
is extended and sustained. Perplexing ques- 
tions were naturally to be expected from the 
great and sudden change in the relations be- 
tween the two races; but systems are gradually 
developing themselves under which the freed- 
man will receive the protection to which he is 
justly entitled, and by means of his labor make 
himself a useful and independent member of 
the community in which ho has his home. 
Fr.im all the information in my possession, and 
from that which I have recently derived from 
the most reliable authority, I am induced to 
cherish the belief that sectional animosity is 
surely and rapidly merging itself into a spirit 
of nationality, and that representation, con- 
nected with a properly-adjusted system of tax- 
ation, will result in a harmonious restoration 
of the relations of the States to the national 
Union. 

The report of Carl Schurz is herewith trans- 
mitted, as requested by the Senate. No reports 
from Hon. John Covode have been received by 
the President. The attention of the Senate is 
invited to the accompanying report of Lieuten- 
ant General Grant, who recently made a tour of 
inspection through several of the States whose 
inhabitants participated in the rebellion. 

AsDREW Johnson. 

Washington, D. C, December IS, 1865. 

Accompanying Report of General Grant. 

Headquarters Armies of the U. S., 
Washington, D. C, December 18, 1865. 
Sir : In reply to your note of the 16th inst., 
requesting a report from me giving such infor- 
mation as I may be possessed of, coming within 



the scope of the inquiries made by the Senate 
of the United States in their resolution of th-^ 
12th instant, I have the honor to submit the fol- 
lowing ; 

With your approval, and also that of the hon- 
orable Secretary of War, I left Washington citv 
on the 27th of last month for the purpose of 
making a tour of inspection through some of the 
Southern States, or States lately in rebellion, 
and to see what changes were necessary to be 
made in the disposition of the military forces o( 
the country ; how these forces could be reduced 
and expenses curtailed, &c.; and to learn, as far 
as possible, the feelings and intentions of the 
citizens of those States toward the General 
Government 

The State of Virginia being so accessible to 
Washington city, and information from this 
quarter therefore being readily obtained, I has- 
tened through the State wuthout conversing or 
meeting with any of its citizens. In Raleigh, 
North Carolina, t spent one day ; in Charleston, 
South Carolina, two days ; Savannah and Au- 
gusta, Georgia, each one day. Both in traveling 
and while stopping, I saw much and conversed 
freely with the citizens of those States, as well 
as with officers of the army who have been sta- 
tioned among them. The following are the con- 
clusions come to by me : 

I am satisfied that the mass of thinking men 
of the South accept the present situation of af- 
fairs in good faith. The questions which have 
heretofore divided the sentiments of the people 
of the two sections — slavery and States rights, 
or the right of a State to secede from the Union 
— they regard as having been settled forever by 
the highest tribunal — arms — that man can resort 
to. I was pleased to learn from the leading men 
whom I met, that they not only accepted the de- 
cision arrived at as final, but, now that the 
smoke of battle has cleared away and time has 
been given for reflection, that this decision has 
been a fortunate one for the whole country, they 
receiving like benefits from it with those who 
opposed them in the field and in council. 

Four years of war, during which law was ex- 
ecuted only at the pointof the bayonet through- 
out the States in rebellion, have left the people 
possibly in a condition not to yield that ready 
obedience to civil authority the American people 
have generally been in the habit of yielding. 
This would render the presence of small garri- 
sons throughout those States necessary until such 
time as labor returns to its proper channels, and 
civil authority is fully established. I did not 
meet any one, either those holding places under 
the Government or citizens of the Southern 
States, who think it practicable to withdraw the 
military from the South at present. The white 
and the black mutually require the protection 
of the General Government. 

There is such universal acquiescence in the au- 
thority of the General Government throughout 
the portions of the country visited by me, that 
the mere presence of a military force, without 
regard to numbers, is sufficient to maintain order. 
The good of the country and economy require 
that the force kept in the interior, where there 
are many freedmen, (elsewhere in the Southern 
States than at forts upon the sea-coast no forca 



68 



POLITICAL JMAXUAL. 



is necessary,) should all be white troops. Tlie 
reasons for lliis are olivious without mentioning 
many of them. Tlie presence of black troops, 
lately slaves, demoralizes labor both by their ad- 
vice and by I'urnishing in their camps a resort 
for the froedmeu for long distances around. 
White troops generally excite no opposition, and 
therefore a small number of them can maintain 
order in a given district. Colored troops must 
be kept in bodies sufEcient to defend themselves. 
It 13 notthe thinking men who would use violence 
toward any class of troops sent among them by 
the General Government, but the ignorant in 
some cases might, find the late slave seems to be 
imbued v^ith the idoa that the property of his 
late master should by right belong to him, or at 
least should have no protection from the colored 
Boldier. There is danger of collisions being 
brought on by such causes. 

My observations lead me to the conclusion 
that the citizens of the Southern States are anx- 
ious to return to self-government within the 
Union as soon as possible ; that while recon- 
ttructing, they want and require protection from 
the Government ; that they are in earnest in 
wishing to do what they think is required by 
the Government, not humiliating to them as 
citizens, and that if such a course was pointed 
out they would pursue it in good faith. It is to 
be regretted that there cannot be a greater 
commingling at this time between the citizens of 
the two sections, and particularly of those in- 
trusted with the law-making power. 

I did not give the operations of the Freed- 
men's Bureau that attention I would have done 
if more time had been at my disposal. Conversa- 
tions on the subject, however, with officers con- 
nected with the bureau lead me to think that in 
some of the States its affairs have not been conduct- 
ed with good judgment or economy, and that the 
belief, widely spread among the freedmen of the 
Southern States, that the lands of their former 
owners will, at least in part, be divided among 
them, has come from the agents of this bureau. 
This belief is seriously interfering with the will- 
ingness of the freedmen to make contracts for the 
coming year. In some form the Freedmen's 
Bureau is an absolute necessity until civil law 
is established and enforced, securing to the freed- 
men their rights and full protection. At present, 
however, it is independent of the military es- 
tablishment of the country, and seems to be 
operated by the different agents of the bureau 
according lo their individual notions. Every- 
where General Howard, the able head of the 
bureau, made friends by the just and fair instruc- 
tions and advice he gave ; but the complaint in 
South Carolina was, that when he left things 
went on as before. Many, perhaps the majority, 
of the agerts of the Freedmen's Bureau advise 
the freedmen that by their own industry they 
mupt expect to live. To this end they encleavor 
to cecure employment for them, and to see that 
bni,h contracting parties comply with their cn- 
gf^-gements. lu .sumo instances, I am sorry to 
pay, the freedman's mind does not seem to be 
•lisabused of the idea that a freedman has the 
right to live withaut care or provision for the 
fuluro. Tlio effect of the belief in division of 
lands is idleness and accumulation in camps, 



towns, and cities. In 9uch cases I think it will 
be found tliat vice and disease will tond to the 
extermination, or great reduction of the colored 
race. It cannot be expected that the oinnions 
held by men at the South for years can be 
changed in a day ; and therefore the freedmen 
require for a few years not only laws to protect 
them, but the fostering care of those who will 
give ihem good counsel, and in whom they can 
rely. 

The Freedmen's Bureau, being separated 
from the military establishment of the country, 
requires all the expense of a separate organiza- 
tion. One does not necessarily know what the 
other is doing, or what orders they are acting 
under. It seems to me this could be corrected 
by regarding every officer on duty with troops 
in the Southern States as agents of the Freed- 
men's Bureau, and then have all orders from 
the head of the bureau sent through department 
commanders. This would create a responsibility 
that would secure uniformity of action through- 
out all the South; would insure the orders and 
instructions from the head of the bureau bein^ 
carried out ; and would relieve from duty and 
pay a large number of employes of the Govern- 
ment. 

I have the honor to be, very respectfully, your 
obedient servant, U. S. Geaut, 

Lieutenant General. 

His Excellency A. JonNsoN, 

President of the United States. 

Veto of the Freedmen'o Bureau Bill, February 
19, 1866. 

To the Senate of the United States : 

I have examined with care the bill which 
originated in the Senate, and has been passed by 
the two Houses of Congress, to amend an act 
entitled " An act to establish a Bureau for the 
relief of Freedmen and Refugees," and for other 
purposes. Having, with much regret, come to 
the conclusion that it would not be consistent 
with the public welfare to give my approval to 
the measure, I return the bill to the Senate with 
my objections to its becoming a law. 

I might call to mind, in advance of these ob- 
jections, that there is no immediate necessity for 
tlie proposed measure. The act to establish a 
bureau for the relief of freedmen and rel'ugees, 
which was approved in the month of March 
last, has not yet expired. It was thought strin- 
gent and extensive enough for the purpose in 
view in time of war. Before it ceases to have 
effect, further experience may assist to guide ua 
to a wise conclusion as to the policy to be adopted 
in time of peace. 

I share with Congress the strongest desire to 
secure to the freedmen the full enjoyment of 
tlieir freedom and property, and their entire 
independence and equality in making contracts 
for their labor ; but the bill before me contains 
provisions which, in my opinion, are not war- 
ranted by the Constitution, and are not well 
suited to accomplish the end in view. 

The bill jiroposes to establish, by authority of 
Congress, military jurisdiction over all parts of 
the United States containing refugees and freed- 
men. It would, by its very nature, apply with 
most force to those parts of the Un'ted States in 



VETOES AND VOTES. 



69 



which the freedmen mDst ahound ; and it ex- 
pressly oxteii'ls the existing temporary jurisdic- 
tion of tlie freedmen's bureau, with greatly 
enlarged powers, over those States "in which 
the ordinary course of judicial proceedings has 
been interrupted by the rebellion." The source 
from which this military iuriridiction is to eman- 
ate is none other than the President of the United 
States, acting through the War Department and 
the Commissioner of the Freedmen's Bureau. 
The agents to carry out this military jurisdiction 
are to be selected either from the armj^ or from 
civil life ; the country is to be divided into dis- 
tricts and sub-districts, and the number of salaried 
ageuts to be employed may be equal to the num- 
ber of counties or parishes in all the United States 
where freedmen and refugees are to be found. 

The subjects over which tliis mililary juris- 
diction is to extend in every part of the United 
States include protection to "all employes, 
agents, and officers of this bureau in the exercise 
of the duties imposed " upon them by the bill. 
In eleven States it is further to extend over all 
cases affecting freedmen and refugees discrimin- 
ated against" by local law, custom, or prejudice." 
In those eleven States, the bill subjects any white 
y>erson who may be charged v.'ith depriving a 
freedman of " any civil rights or immunities be- 
longing to white persons " to imprisonment or 
fine, or both, without, however, defining the 
" civil rights and immunities" which are thus to 
be secured to the freedmen by military law. 
Tliis military jurisdiction also extends to all 
questions that may arise respecting contracts. 
The agent who is thus to exercise the office of a 
military judge may be a stranger, entirely igno- 
rant of the laws of the place, and exposed to the 
errors of judgment to which all men are liable. 
The exercise of power, over which there is no 
legal supervision, by so vast a number of agents 
as is contemplated by the bill, must, by the very 
nature of man, be attended by acts of caprice, 
injustice, and passion. 

The trials, having their origin under this bill, 
are to take place without the intervention of a 
jury, and without any fixed rules of law or 
evidence. The rules on which offences are to be 
" heard and determined " by the numerous agents 
are such rules and regulations as the President, 
through the War Department, shall prescribe. 
No previous presentment is required, nor any 
indictment charging the commission of a crime 
against the laws; but the trial must proceed on 
charges and specifications. The punishment 
will be — not what the law declares, but such as 
a court-martial may think proper; and from 
these arbitrary tribunals there lies no appeal, 
no writ of error to any of the courts in which 
the Constitution of the United States vests exclu- 
sively the judicial power of the country. 

while the territory and the classes of actions 
and oflfences that are made subject to the measure 
are so extensive, the bill itself, should it become 
a law, will have no limitation in point of time, 
but will form a part of the permanent legisla- 
tion oi the country. I cannot reconcile a sys- 
tem ot military jurisdiction of this kind with 
the words of the Constitution, which declare 
that " no person shall be held to answer for a 
C'vpital or otherwise infamous crime unless upon 



a presentment or indictment of a grand jury, 
except in cases arising in the land anrl naval 
forces, or in the militia when in actual service 
in time of war or public danger;" and that "in 
all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an 
impartial jury of the State or district wherein 
tiie crime shall have been committed." Tlie 
safeguards which the experience and wisdom of 
ages taught our fathers to establish as securities 
for the protection of the innocent, the punish- 
ment of the guilty, and the equal administra- 
tion of justice, are to be set aside, and, for the 
sake of a more vigorous interposition in behalf 
of justice, we are to take the risks of the many 
acts of injustice that would necessarily follow 
from an almost countless number of agents, es- 
tablished in every parish or county, in nearly 
a third of the States of the Union, over who^e 
decisions there is to be no supervision or control 
by the federal courts. The power that would 
be thus placed in the hands of the President is 
such as in time of peace certainly ought never 
to be intrusted to any one man. 

If it be asked whether the creation of such a 
tribunal within a State is warranted as a meas- 
ure of war, the question immediately presents 
itself whether we are still engaged in war. Let 
us not unnecessarily disturb the commerce, and 
credit, and industry of the country, by declar- 
ing to the American people and to the world 
that the United States are still in a condition of 
civil war. At present there is no part of our 
country in which the authority of the United 
States is disputed. Ofl'ences that may be com- 
mitted by individuals should not work a for- 
feiture of the rights of whole communities. 
The country has returned or is returning to a 
state of peace and industry, and the rebellion 
is, in fact, at an end. The measure, therefore, 
seems to be as inconsistent with the actual con- 
dition of the country as it is at variance with 
the Constitution of the United States. 

If, passing from general considerations, we ex- 
amine the bill in detail, it is open to weighty 
objections. 

In time of war it was eminently proper that 
we should provide for those who were passing 
suddenly from a condition of bondage to a state 
of freedom.* But this bill proposes to make the 



*I h-we obtained from an official source the fnllnw'ng 
Btatement, not of tlie iiuml>er of persons relieved, but 
of the number of rations issued by the Freedmen's Kii- 
rfiau, in each State, from June 1, 1S65, to April 1, 18G6— ten 
months: 

Refurfff. FrecAmen. Tnfal. 

Virginia 4'635 1,676,127 1,680,762 

North Carolina 4,474 902,776 907,450 

South Carolina and Georgia 21,974 801,653 886,627 

Alabama 879,053 304,215 1,243,568 

Louisiana 4,330 296,431 300,761 

Texas 1C6 3.521 3.6S7 • 

Mississippi 33,489 308,391 3tl,8S0 

Arkansas 1,004,S62 715,572 1,720,434 

Kentucky and Tennessee.... 87.180 306,960 394.140 
District of Columbia 3,834 440,626 444,460 



2,047.297 5,876,272 7,923,560 
Total number of rations issued to freedmen for 

ten mouths 5,376,272 

Total number of rations issued to refugees i,fti7,297 



Total number of rations issued to whites and 
bl.acks for ten months, from June 1, 1865, t(» 
April i; 1866 7,92^,569 



70 



POLITICAL MANUAL. 



Freedmen's Bureau, established b}'- the act of 
18G5, as one of many great and extraordinary 
military measures to suppress a formidable re- 
bellion, a permanent branch of the public admin- 
istrati'^n, v.'iih its powers greatly enlarged. I 
\.^,t3 no reason to suppose, and I do not under- 
stand it to be alleged, that the act of March, 1865, 
has proved deficient for the purpose for which it 
was passed, although at tliat lime, and lor a con- 
Biderable period thereafter, tlie Government of 
the United Slates remained unacknowledged in 
most of the States whose inhabitants had been 
involved in the rebellion. The institution of 
elavery, for the military destruction of which the 
Freedmen's Bureau was called into existence as 
an auxiliar)'-, has been already effectually and 
finally abrogated througiiout the whole country 
by an amendment of the Constitution of the 
Unil«d Stater, and practically its eradication has 
received the assent and concurrence of most of 
those States in which it at any time had an exist- 
ence. I am not, therefore, able to discern in the 
condition of the country anything to justify an 
apprehension that the powers and agencies of the 
Freedmen's Bureau, wiiich were effective for the 
protection of freedraen and refugees during the 
actual continuance of hostilities and of African 
servitude, will now, in a time of peace, and after 
the abolition of slavery, prove inadequate to the 
same proper ends. If I am correct in these views 
there can be no necessity for the enlargement of 
the powers of the bureau for which provision is 
made in the bill. 

The third section of the bill authorizes a gen- 
eral and unlimited grant of support to the des- 
titute and suffering refugees and freedmen, their 
u-ives and children. Succeeding sections make 
provision for the rent or purchase of landed es- 
tates for freedmen, an^l for the erection for liieir 
benefit of suitable buildings for asylums and 
Schools — the expenses to be defrayed from the 
treasury of the whole people. Tiie Congress of 
the United States has never heretofore thought 
itself empowered to establish asylums bevmid 
tiie limits of the District of Columbia, excejk for 
tiie benefit of our disabled soldiers and sailors 
It has never founded schools for any class of 
our 'own people; not even for the orphans of 
tliose who have fallen in the defence of the 
Union, but has left the care of education to the 
mucli more competent and efficient control of 
the States, of communities, of private associa- 
tions, and of individuals. It has never deemed 
itself authorized (o expend the public money for 
the rent or purchase of homes for the thousands, 
not to say millions, of the white race who are 
honestly toiling from day to day for their sub- 
sistence. A system for the support of indigent 
])ersons in the United States was never contem- 
plated by the authors of the Constitution; nor 
can any good reason be advanced wliy, as a per- 
manent establishment, it should be founded for 
one class or color of our people more than an- 
other. Pending the war many refugee's and 
freedmen received support from theCovernment. 
but it was never intended tliat they siiould 
thenceforth be fed, clothed, educated, and siiel- 
tered by the United Slates. The idea on which 
the slaves were assisted to freedom was, that on 
becoming free they would be a self-sustaining 



population. Any legislation that shall imply 
that they are not expected to attain a self-sus- 
taining condition must have a tendency injuri- 
ous alike to their character and their prospects. 

The appointment of an agent for every county 
and parish will create an immense patronage; 
and the expense of the numerous otiicers and 
their clerks, to be appointed by the President, 
will be great in the beginning, with a tendency 
steadily to increase. The appropriations asked 
by the Freedmen's Bureau, as now established 
for the year 1866, amount to $ll,7-ir),00.'J it 
may be safely estimated that the cost to b(! in- 
curred under the pending bill will require double 
that amount — more than the entire sum expend^ 
in any one year under the administration of I lie 
second Adams. If the presence of agents in 
every parish and county is to be considered as a 
war measure, opposition, or even resistance, 
might be provoked ; so that, to give effect to 
their jurisdiction, troops would have to be sta- 
tioned within reach of every one of them, and 
thus a large standing force be rendered neces- 
sary. Large appropriations would, therefore, 
be required to sustain and enforce military ju- 
risdiction in every county or parish from the 
Potomac to the Puo Grande. The condition of 
our fiscal affairs is encouraging; but, in order to 
sustain the present measure of public confulence, 
it is necessary that we practice, not merely cus- 
tomary economy, but, as far as possible, severe 
retrenchment. 

In addition to the objections already stated, 
the fifth section of the bill proposes to take 
away land from its former owners without any 
legal proceedings being first had, contrary to 
that provision of the Constitution which declares 
that no person shall "be deprived of life, liberty, 
or property without due process of law." It 
does not appear that a part of the lands to 
which this section refers may not be owned by 
minors, or persons of unsound mind, or by those 
who have been faithful to all their obligations 
as citizens of the United States. If any por- 
tion of the land is held by such persons, it is n<}t 
competent for any authority to deprive them of 
it. If, on the other hand, it be found that the 
property is liable to confiscation, even tlien it 
cannot be appropriated to public purposes until, 
by due process of law, it shall have been de- 
clared forfeited to the Government. 

There is still further objection to the bill on 
grounds seriously affecting the class of persons 
to whom it is designed to bring relief. It v/ill 
tend to keep the mind of the freedman in a 
state of uncertain expectation and restlessness, 
while to those among whom he lives it will be 
a source of constant and vague apprehension. 

Undoubtedly the freedman should be protected, 
but he should be protected by the civil authorities, 
especially by the exercise of all the constitutional 
powers of the courts of the United States and of 
the States. His condition is not so exposed as inaj- 
at first be imagined. He is in a portion of the 
country where his labor caiiAOt well be spared. 
Competition for his services from planters, from 
those who are constructing or repairing rail- 
roads, and from capitalists in his vicinage, or 
from other States, will enable him to com.mand 
almost his own terms. He also possesses a p?r- 



VETOES AND VOTES- 



71 



feet right to change his place of abode ; and if, 
therefore, he does not find in one community or 
State a mode of life suited to his desires, or 
proper remuneration for his labor, he can move 
to another, where that labor is more esteemed 
and better rewarded. In truth, however, each 
State, induced by its own wants and interests, 
will do what is necessary and proper to retain 
within its borders all the labor that is needed 
for the development of its resources. The laws 
that regulate supply and demand will maintain 
their force, and the wages of the laborer will 
be regulated thereby. There is no danger that 
ihe exceedingly great demand for labor will 
not operate in favor of the laborer. 

Neither is sufScient consideration given to the 
ability of the freedmen to protect and take care 
of themselves. It is nomorethan justice to them 
to believe that as they have received their free- 
dom with moderation and forbearance, so they 
will distinguish themselves by their industry and 
thrift, and soon show the world that in a condi- 
tion of freedom they are self-sustaining, capable 
of selecting their own employment and their own 
places of abode, of insisting for themselves on a 
proper remuneration, and of establishing and 
maintaining their own asylums and schools. It 
is earnestly hoped that, instead of wasting away, 
tliey will, by their own efforts, establish for them- 
selves a condition of respectability and prosperity. 
It is certain that they can attain to that condition 
only through their own merits and exertions. 

In this connexion the query presents itself 
whether the system proposed by the bill will not, 
when put into complete operation, practically 
transfer the entire care, support, and control of 
four millions of emancipated slaves to agents, 
overseers, or task-masters, who, appointed at 
Washington, are to be located in every county 
and parish throughout the United States contain- 
ing freedmen and refugees ? Such a system would 
injH'itably tend to a concentration of power in the 
Executive, which would enable him, if so disposed, 
to control the action of this numerous class, and 
use them for the attainment of his own political 
ends. 

I cannot but add another very grave objection 
to this bill. The Constitution imperatively de- 
clares, in connection with taxation, that each 
State SHALL have at least one Representative, 
and fixes the rule for the number to which, in 
future times, each State shall be entitled. It 
also provides that the Senate of the United 
States SHALL be composed of two Senators from 
each State; and adds, with peculiar force, "that 
no State, without its consent, shall be deprived 
of its equal suffrage in the Senate." The origi- 
nal act was necessarily passed in the absence of 
the States chietiy to be afl'ected, because their 
people were then contumaciously engaged in the 
rebellion. Now the case is changed, and some, 
at leasts of those States are attending Congress 
by loyal representatives, soliciting the allow- 
ance of the constitutional right of representa- 
tion. At the time, however, of the considera- 
tion and the passage of this bill, there was no 
Senator or Representative in Congress from the 
eleven States which are to be mainly affected 
by its provisions. The very fact that reports 
77ere and are made against tue good disposition 



of the people of that portion of the country i? 
an additional reason vihj they need, and should 
have. Representatives of their own in Congress, 
to explain their condition, reply to accusations, 
and assist, by their local knowledge, in the per- 
fecting of measures immediately ati'ecti) g them- 
selves. While the liberty of deliberatii a would 
then be free, and Congress would hoive full 
power to decide according to its judgment, 
there could be no objection urged that the States 
most interested had not been permitted to be 
heard. The principle is firmly fixed in the 
minds of the American people, that there should 
be no taxation without representation. Great 
burdens have now to be borne by all the coun- 
try, and we may best demand that they shall be 
borne without murmur when they are voted by 
a majority of the representatives of all the peo- 
ple. I would not interfere with the uuques- 
tionable right of Congress to judge, each house 
for itself, "of the elections, returns, and qualifi- 
cations of its own members." But that author- 
ity cannot be construed as including the right 
to shut out, in time of peace, any State from the 
representation to wliicb it is entitled by the 
Constitution. At present all the people of eleven 
States are excluded — those who were most faith- 
ful during the war not less than others. The 
State of Tennessee, for instance, whose authori- 
ties engaged in rebellion, was restored to all her 
constitutional relations to the Union by the pa- 
triotism and energy other injured and betrayed 
people. Before the war was brought to a ter- 
mination they had placed themselves in rela- 
tions with the General Government, had es<tab- 
lished a State government of their own, and, as 
they were not included in the emancipation proc- 
lamation, they, by their own act, had amended 
their constitution so as to abolish slavery within 
the limits of their State. I know no reason why 
the State of Tennessee, for example, should not 
fully enjoy " all her constitutional relations to 
the United States." 

The President of the United States stands to- 
wards the country in a somewhat different atti- 
tude from that of any member of Congress. 
Each member of Congress is chosen from a sin- 
gle district or State ; the President is chosen by 
the people of all the States. As eleven States 
are not at this time represented in either branch 
of Congress, it would seem to be his duty, on 
all proper occasions, to present their just claims 
to Congress. There always will be differences 
of opinion in the community, and individuals 
may be guilty of transgressions of the law, but 
these do not constitute valid objections against 
the right of a State to representation. I would 
in nowise interfere with the discretion of Con- 
gress with regard to the qualifications of mem- 
bers ; but I hold it my duty to recommend to 
you, in the interests of peace and in the interests 
of Union, the admission of every State to its 
share in public legislation, when, however in- 
subordinate, insurgent, or rebellious its people 
may have been, it presents itself not only in an 
attitude of loyalty and harmony, but in the 
persons of representatives whose loyalty can- 
not be questioned under any existing constitu- 
tional or legal test. It is plain that an indefinite 
or permanent exclusion of any part of the 



72 



POLITICAL MANUAL. 



country from representation nuf?t be attended 
by a spirit of disquiet and complaint. It is un- 
wise and dangerous to pursue a course of meas- 
ures which will unite a very large section of the 
country against another section of the country, 
however much the latter may preponderate. 
The course of emigration, the development of 
industry and business, and natural causes, will 
raise up at the South men as devoted to the 
Union as those of any other part of the land. 
But if thej^ are all excluded from Congress; if, 
in a permanent statute, they are declared not 
to be in full constitutional relations to the 
country, they may think they have cause to be- 
come a unit in feeling and sentiment against the 
Government. Under the political education of 
the American people, the idea is inherent and 
and ineradicable, that the consentof the majority 
of the whole people is necessary to secure a 
willing acquiescence in legislation. 

The bill under consideration refers to certain 
of the States as though they had not " been 
fully restored in all their constitutional relations 
to the United States." If they have not, let us 
at once act together to secure that desirable end 
at the earliest possible moment. It is hardly 
necessary for me to inform Congress that, in my 
own judgment, most of those States, so far, at 
least, as depends upon their own action, have 
already been fully restored, and are to be deemed 
as entitled to enjoy their constitutional rights 
as members of the Union.* Reasoninc; from the 



* In response to this suggestion, tliis action took place in 
Tongress : 

"When Representatives shall bo Admitted from 
States declared in Insurrection, 

In House. 

February 20, 1866— Mr. Stevens, from the 
!)ommittee on Reconstruction, reported this 
-concurrent resolution : 

Resolved by the Souse of Representatives, 
(the Senate concurring,) That, in order to close 
agitation upon a question which seems likely to 
disturb the action of the Government, as well 
as to quiet the uncertainty which is agitating 
the minds of the people of the eleven States 
which have been declared to be in insurrection, 
no Senator or E.epre?entative shall be admitted 
into either branch of Congress from any of said 
States until Congress shall have declared such 
State entitled to such representation. 

Which was agreed to — yeas 109, nays 40, as 
follow : 

Yea.s — Messrs. Allison, Anderson, James M. Ashley, Baker, 
Baldwin, Banks. Baxter, Boanian, Benjamin, Bidwell, liiiig- 
hnm. lllaincs Boutwell, Brandegee, Bromwell, Brooniall. 
Ciieklaiid, Sidney Clarke, Cobb, Conkling, Cook, Culioin, 
Dawes. LieCrceK, IJeniing, Donntlly, Diiggji, Eckley. Ki^gles- 
ton, Kliot, Fanisworth, Farquhar, Ferry, Oarticld, Giiiincll, 
Griswold. Abuer C. Harding, Hart, Hayes. llcinlcrKon, 
Iligby. IIolniiH, Hooper, Hotclikiss, Asaliel VV. IliiMpard, 
ClicstiT n. Hubbard, DemasHubliard.jr,. John ll.Ilubbanl, 
James R. Hubbell, Hulbiird, liigersoll, JencUcs, .Julian, 
Kelley, KelKO, Ketcham, Lafliu, tieorge V. Lawrence. Wil- 
li.ani iiawrence, Loan, Lonpyear, l,yncb, Marston, .McClniK, 
Mclndoe. McKee, McUuar, .Mercnr. Muurhead. .Morrill, 
M'Tris, .Moiilton, Myers, O'Neill. Ortli, Paine, I'aiterson, 
Perliam, Pike, Plants, Pomeroy, Price. William H.Uandall, 
John H. Rico, Sawyer, Schenck, Scolield, Sliellabarger, 
Sloan, Spalding, Starr, Stevens. Thayer, .lohn L. Thomas, 
jr., Tro'vbridge. Uiison, A'an Aernani, Bnrt Van Horn, 
Ward, VV/irner, Kllibu B. AVashbiinie, William B. Washburn, 
Welker, Wentwoi th, Williams, James F. Wilson, Stejdien 
F. Wilson, Wiudoni, Wood briage— 109. 



Constitution itself, and from the actual situation 
of the country, I feel not only entitled, but bound 
to assume that, with the federal courts restored, 
and those of the several States in the full exer- 
cise o'f their functions, the rights and interests of 
all classes of the people will, with the aid of the 
military in cases of resistance to the laws, be 
essentially protected against unconstitutional 
infringement or violation. Should this expec- 
tation unhappily fail, which I do not anticipate, 
then the Executive is already fully armed with 
the powers conferred by the act of March, 1865, 
establishing the Freedmen's Bureau, and here- 
after, as heretofore, he can employ the land and 
naval forces of the country to stippress insurrec- 
tion or to overcome obstructions to the laws. 

In accordance with the Constitution I return 
the bill to the Senate, in the earnest hope that a 
measure involving questions and interests so 
important to the country will not become a law, 
unless, upon deliberate consideration by the peo- 
ple, it shall receive the sanction of an enlightened 
public judgment. Andrew Johnson. 

Washington, February 19, 1866. 

Copy of the Bill Vetoed. 

An Act to amend an act entitled " An act to 
establish a Bureau for the relief of Freedmeu 
and Refugees," and for other purposes. 
Be it enacted, &c., That the act to establish a 



Nats — Messrs. Ber/jen, Boyer, Brooks, Clianler, CoiTroili, 
Dawsmt, Eldridge, find:, Glosshrenner, Gomlyear, Grider, 
Hale, Aaron Harding, Hoitan, Humphrey. Kerr, Latham, 
Marshall, McCuUouijk, Newell, Kiblack, Nicholaon, Phelps, 
Jiddftird, S-imuel J. Randall, Raymond, lUltir, Rogers, 
Ross, Rousseau, ShaiikUn, Sitgreaves, Smith, Taher, Taylor, 
TliornUm, Trimble, Voorhees, Whaley, Wright — 40. 

February 21 — A motion to reconsider the 
above vote having been entered, Mr. Stevens 
moved to lay it on the table ; which was agreed 
to — yeas 108, naj^s 38, as follow : 

Yeas — Messrs. Allison, Anderson, Delos R. Ashley. .lamea 
M. Ashley, Baker, Baldwin, Banks. Cai'ker, Baxter, Beaman, 
Benjamin, Bidwell, Bingham, Blaine, Boutwill, Brande- 
gee, Brom\vell.BroomaU,Buckland, Reader W.Clarke, Cobb, 
Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, 
Driggs,l)umont, Eckley, Eggleston, Eliot, F;irquhar, Ferry, 
Garlield, GrimielhGriswoUl, A bner C.Harding, Hart, Hayes, 
Henderson, lligby, Holiiies, Hooper, As.ahel W. Hubbard, 
Denias Hubbard, jr., John H. Hubbard, James R. Hubbell, 
Hulburd, Ingorsoll, Jenckes. .luliaii. Kelley, Ketcham, Laf- 
lin, Georse V. Lawrence, William Lawrence, Loan. Longvear, 
Lynch, M irston, Marvin, McClurg, Mclndoe, McRucr, Jler- 
cur, Mooi'head, Morrill, Morris. Moulton, O'Neill, Orth, Paine, 
Perham, Pike, Plants, Pomeroy, Price, William H. Randall, 
Ale.\ander H. Rice, John H. Rice. Rollins, Sawyer, Schenck, 
Scoheld, Shellabarger, Sloan, Sl)alding, Starr, Stevens, 
Thayer. Francis Tluimas, John L. Thomas, jr., Trowbridge, 
Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu 
1!. Washbiirne, William B. Washburn, Welker, Wentworth, 
Williams, James F. Wilson, Stephen F. Wilson, Wiudum — 
IIJ.S. 

Nays — Jlessrs. Ancona, Bergen, Boye.r, Brooks, Cofl'roth, 
Dawson, Delano, J>eii>!:im, £lrlridgi\ Finck, Glossbrmner, 
Goodyear. Grider, RcdiertS. Hale, Uogan, Kdwin N. Hubbell, 
.huiKS M. Uiiitijihrey. K:rr, Latham. Marshall, McCidloiif/h._ 
Newell, ?i"ihlark, i\ic!ioho)i, Koell, Phelps, Radford, Ritier, 
Ji'iyrs. Jiciss. Rousseau, Shanklin, Silgreaves, Slrouse, Taber, 
Taylor, Trimble, Whaley— 3S. 

March 2 — The Senate passed the resolution — 
yeas 29, nays 18, as follow : 

Yeas — Messrs. Anthony, Brown, Chandler, Clark, Coi> 
ness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, 
Henderson, Ilowe, Kirkwood, Lane of Indiana, Morrill. Nye, 
Pi 'land, Pomeroy, Ramsey, Sherman, Sprague. Sumner, 
Trumbull, W'ade, Willey, Williams, Wilson. Yates — 29. 

Nays — Messrs. Buekatew, Cowan, Z'avws, Dixon, Doolittle, 
Gtillirie, J fendrirks. Johnson, hnnn of Kansas, McDougall, 
.Morgan, Ae-smilh. Norton, Riddle, Haulshury, Stewart, 
Stockton, Viiu Winkle — 18. 



VETOES AND VOTES. 



73 



bureau foi- the relief of freedmen and refugees, 
approved March three, eighteen hundred and 
Bixty-five, shall continue in force until otherwise 
provided by law, and shall extend to refugees 
and freedmen in all parts of the United IStatss ; 
and the President may divide the section of coun- 
try containing such refugees and freedmen into 
districts, each containing one or more States, 
not to exceed twelve in number, and, by and 
with the advice and consent of the Senate, ap- 
point an assistant commissioner for each of said 
districts, who shall give like bond, receive the 
compensation, and perform the duties prescribed 
by this and the act to which this is an amend- 
ment , or said bureau may, in the discretion of 
the President, be placed under a commissioner 
and assistant commissioners, to be detailed from 
the armjr ; in which event each officer so assigned 
to duty shall serve without increase of pay or 
allowanceci. 

Sec. 2. That the commissioner, with the ap- 
proval of the President, and_ when the same 
shall be necessary for the operations of the bu- 
reau, may divide each district into a number of 
sub-districts, not to exceed the number of coun- 
ties or parishes in such district, and shall assign 
to each sub-district at least one agent, either a 
citizen, oiEcer of the army, or enlisted man, 
who, if an officer, shall serve without additional 
compensation or allowance, and if a citizen or 
enlisted man, shall receive a salary of not less 
than five hundred dollars nor more than twelve 
hundred dollars annually, according to the ser- 
vices rendered, in full compensation for such 
services ; and such agent shall, before entering 
on the duties of his office, take the oath pre- 
scribed in the first section of the act to which 
this is an amendment. And the commissioner 
may, when the same shall be necessary, assign 
to each assistant commissioner not exceeding 
three clerks, and to each of said agents one 
clerk, at an annual salary not exceeding one 
thousand dollars each, provided suitable clerks 
cannot be detailed from the army. And the 
President of the United States, through the War 
Department and the commissioner, shall extend 
military jurisdiction and protection over all em- 
ployes, agents, and officers of this bureau in the 
exercise of the duties imposed or authorized by 
this act or the act to which this is additional. 

Sec. 3. That the Secretary of War may direct 
such issues of provisions, clothing, fuel, and 
other supplies, including medical stores and 
transportation, and afi'ord such aid, medical or 
otherwise, as he may deem needful for the im- 
mediate and temporary shelter and supply of 
destitute and suffering refugees and freedmen, 
their wives and children, under such rules and 
regulations as he may direct : Provided, That 
no person shall be deemed " destitute," "suffer- 
ing," or " dependent upon the Government for 
support," within the meaning of this a-ct, who, 
being able to find employment, could by proper 
industry and exertion avoid such destitution, 
suffering, or dependence. 

Sec. 4. That the President is hereby author- 
ized to resorve from sale, or from settlement, 
itnder the homestead or pre-emption laws, and to 
set apart for the use of freedmen and loyal refu- 
gees, male or female, unoccupied public lands in 



Florida, Mississippi, Alabama, Louisiana, and 
Arkansas, not exceeding in all three millions of 
acres of good land ; and the commissioner, under 
the direction of the President, shall cause the 
same from time to time to be allotted and as- 
signed, in parcels not exceeding fortj' acres each, 
to the loyal refugees and freedmen, who shall be 
protected in the use and enjoyment thereof for 
such term of time and at such annual rent as 
may be agreed on between the commissioner and 
such refugees or freedmen. The rental shall be 
based upon a valuation of the land, to be ascer- 
tained in such manner as the commissioner may, 
under the direction of the President, by regulation 
prescribe. At the end of such term, or sooner, 
if the commissioner shall assent thereto, the 
occupants of any parcels so assigned, their heirs 
and assigns, may purchase the land and receive 
a title thereto from the United States in fee, upon 
paying therefor the value of the land ascertained 
as aforesaid. 

Sec. 5. That the occupants of land under 
Major General Sherman's special field order, 
dated at Savannah, January sixteen, eighteen 
hundred and sixty-five, are hereby confirmed in 
their possession for the period of three years 
from the date of said order, and no person shall 
be disturbed in or ousted from said possession 
during said three years, unless a settlement shall 
be made with said occupant, by the former 
owner, his heirs or assigns, satisfactory to the 
commissioner of the Freedmen's Bureau : Pro- 
vided, That whenever the former owners of lands 
occupied under General Sherman's field order 
shall make application for restoration of said 
lands, the commissioner is hereby authorized, 
upon the agreement and with the written con- 
sent of said occupants, to procure other lands 
for them by rent or purchase, not exceeding forty 
acres for each occupant, upon the terms and con- 
ditions named in section four of this act, or to 
set apart for them, out of the public lands as- 
signed for that purpose in section four of this 
act, forty acres each, upon the same terms and 
conditions. 

Sec. 6. That the commissioner shall, under the 
direction of the President, procure in the name 
of the United States, by grant or purchase, such 
lands within the districts aforesaid as may be 
required for refugees and freedmen dependent on 
the Government for support; and he shall pro- 
vide or cause to be erected suitable buildings for 
asylums and schools. But no such purchase 
shall be made, nor contract for the same entered 
into, nor other expense incurred, until after ap- 
propriations shall have been provided by Con- 
gress for such purposes. And no payment shall 
be made for lands purchased under this section, 
except for asylums and schools, from any moneys 
not specifically appropriated therefor. And the 
commissioner shall cause such lands from time 
to time to be valued, allotted, assigned, and sold 
in manner and form provided in the fourth sec- 
tion of this act, at a price not less than the cost 
thereof to the United States. 

Sec. 7. That whenever in any State or district 
in which the ordinary course of judicial pro- 
ceedings has been interrupted by the rebellion, 
and wherein, in consequence of any State or 
local law, ordinance, police or other regulation, 



74 



POLITICAL MANUAL. 



custom, or prejudice, any of the civil rights or 
immunities belonging to white persons, inclu- 
ding the right to make and enforce contracts, to 
sue, be parties, and give evidence, to inherit, 
purchase, lease, sell, hold and convey real and 

t>ersonal property, and to have full and equal 
)enetit of all laws and proceedings for the 
security of person aid estate, including the 
constitutional right of bearing arms, are refused 
or denied to negroes, mulattoes, freedmen, refu- 
gees, or any other persons, on account of race, 
color, or any previous condition of slavery or 
involuntary servitude, or wherein they or any 
of thorn are subjected to any other or different 
punishment, pains, or penalties, for the commis- 
sion of any act or offence than are prescribed 
for white persons -committing like acts or offen- 
ces, it shall be the duty of the President of the 
United States, through the commissioner, to ex- 
tend military protection and jurisdiction over 
all cases affecting such persons so discriminated 
against. 

iSEC. 8. That any person who, under color of 
any State or local law, ordinance, police, or other 
regulation or custom, shall, in any State or dis- 
trict' in which the ordinary course of judicial 
proceedings has been interrupted by the rebel- 
lion, subject, or cause to be subjected, any negro, 
inulatto, freedman, refugee, or other person, on 
account of race or color, or any previous con- 
dition of slavery or involuntary servitude, or 
for any other cause, to the deprivation of any 
civil right secured to white persons, or to any 
other or different punislinient than white per- 
sons are subject to for the commission of like 
acts or offences, shall be deemed guilty of a 
misdemeanor, and be punished by fine liot ex- 
ceeding one thousand dollars, or imiirisonment 
not exceeding one year, or both ; a,nd it shall be 
the duty of the officers and agents of this bu- 
reau to take jurisdiction of, and hear and deter- 
mine all offences committed against the provi- 
sions of this section, and also of all cases affect- 
ing negroes, mulattoes, freedmen, refugees, or 
other persons who are discriminated against in 
any of the particulars mentioned in the prece- 
ding section of this act, under such rules and 
regulations as the President of the United States, 
through the War Department, shall prescribe. 
The jurisdiction conferred by this and the pre- 
ceding section on the officers and agents of this 
bureau shall cease and determine whenever the 
discrimination on account of which it is con- 
ferred ceases, and in no event to bo exercised in 
any State in which the ordinary course of judi- 
cial proceedings has not been interrupted by the 
rebellion, nor in any such State after said State 
shall have been fully restored in all its constitu- 
tional relations to the United States, and the 
courts of the State and of the United States 
within the same are not disturbed or stopped in 
the peaceable course of justice. 

Sec. 9. That all acts, or parts of acts, incon- 
eistent with the provisions of this act, are here- 
by repealed. 

The votes on passing this bill were: , 
Ik Senate. 

1866, January 25 — The bill passed — yeas 37, 
nays 10, as follow : 

Yeas — MesRis. Anthony, Brown, Cliandler, Clark, Con- 
DQB8, Cragiu, Creswell, Dixuu, Doolittle, jressenUon, Foot, 



Fester, Grimes, Harris, Henderson, Howard, Howe. Kirt 
wood, Lime of Indiaua, Lane of Kansas, Morgan. Morrill, 
Nortou, Nye, Poland, Poiaerov, Ramsey, Shermun, S])ragno, 
Stewart. Sumner, Trumbull, Van Winkle, Wada, Williams, 
Wilson, Yates— 37. 

Nay.-s — Messrs. Bucl-aUw, Davis, Guthrie, Hendricks, 
Johnson, McDougall, Riddle, Saulshury, Stockton, Wright— 

In House. 
February 6 — The bill passed — yeas 137, nays 
33, as follow : 

Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R, 
Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, 
Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, 
BoutWfU, Brandegee, Broniwell, Broomall, Bundy, Reader 
W. Clarke, Sidney Clarke, Cobb, Coukling, Cook, Culloni, 
Darlini;, Davis, Biiwes, Defrees, Delano, Deming, Dixon, 
Donnelly, Driggs, Dumout, Eckley, Eggleston, Eliot, Farns- 
wurth, Farquhar. Kerry, Garfield, Grinnell, Griswold, Uale, 
-A hner C. Harding, Hart, Hayes, Henderson, Uigby. Hill, 
Holmes, Hoo|]er, Hotehkigs, Asalicl W. Hubbard, Chester 
D. Hubbard, Demas Hubbard, John H. Hubbard, James R. 
Hubbell, James Humphrey, Iiige soil, Joiickes, Julian, Kas- 
son, Kelley, Kelso, Keteluuii, Kuykeudall, Lallin. Latham, 
George V. Lawrence. William hawrencp. Loan, Longyear, 
Lyn>h, Marston, Marvin, McClurg. Mcludoe, JlcKee, 
SIcRuer, Mei cur. Miller, Moorhead, Morrill, Morris, Moiil- < 
ton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, 
I'helps, Pike, Plants, Pomeroy, Price, William U.Randall, 
Baymuiid, Alexander H. Rice, Juhu II. Rice, Rollins, Saw- 
yer, Scheuck, Scutield, Shellabarger, Sloan, Smith. Spald 
ing. Starr, Stevens, Stilwell, Thayer, Francis Thomas, John 
L. Thomas. Trowbridge, Upson, Van Aernam. Burt Van Horn, 
Robert T. Van Horn, Ward, Warner, Ellihu li. Washburne, 
William li. Washburn, Welker, Wentworth. Whaley, Wil- 
liams, James F. Wilson, Stephen F. Wilson, Windom, Wood- 
bridge— 137. 

Nays — Messrs. Bayer, Brooks, Chanler, Dawson, Ehlridge, 
Finck, G!ossbrenne); Grider, Aaron Hardinp, Harris, Ho- 
pan, Edwin N. Hubbdl, James M. Humphrey, Kerr, Le Blond_ 
Marshall, McCulloutjh, Nihlack. jVicholson, Noell, Samuel 
J. Randall, Rilter, Rogers, Ross. Rousseau, Shanklin, 
Sitgrcaves, Strouse, Taber, Taylor, Tiiorfiton, Trimble, 
Wright— SZ. 

February 21 — In Senate, the vote on passing 
the bill, notwithstanding the objections of the 
President, was — yeas 30, nays 18, as follow : 

Yeas — Messrs. Anthony, Brown, Chandler, Clark, Conness, 
Cragiu, Crcswcll, Fessenden, Foster, Grimes, Ilariis, Hen- 
derson, Howard, Howe, Kirkwood, Lane of Indiana, Lane 
of Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey. Sher- 
man, Sprague, Sumner, Trumbull, Wade, Williams, Wilson, 
Yates— 3U. 

Nats — Messrs. Buckaletv, Cowan, Davis, Dixon, Doolittle, 
Guthrie, Hendricks, Johnson, McDougall. Morgan, JVesmitli, 
Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle, 
Willey— 18. 

Two-thirds not having voted therefor, the bill 

failed. 

Veto of the Civil Rights Bill, March 27, 1866. 

To the Senate of the United States : 

I regret that the bill which has passed both 
Houses of Congress, entitled " An act to protect 
all persons in the United States in their civil 
rights, and furnish the means of their vindica- 
tion," contains provisions which I cannot ap- 
prove, consistently with my sense of dut}' to the 
whole people, and. my obligations to the Consti- 
tution of the United States. I am therefore con- 
strained to return it to the Senate, the house in 
which it originated, with my objections to its 
becoming a law. 

By the first section of the bill all persons born 
in the United States, and not subject to any for- 
eign power, excluding Indians not taxed, arc de- 
clared to be citizena of the United States. This 
jirovision comprehondu the Ciiinese of the Pa- 
cific States, Indians subject to taxation, the peo- 
ple called Gipsies, as well as the entire race des- 
ignated as black.'*, people of color, negroes, mu 
lattoes, and persons of African blood Every 
individual ol these races, born in the United 



VETOES AND VOTES. 



76 



States, is by the bill made a citizen of the United 
States. It does not purport to declare or confer 
any other right of citizenship than federal citi- 
zenship. It does not purport to give these classes 
of persons any status as citizens of States, ex- 
cept that which may result from their status as 
citizens of the United States. The power to con- 
fer the right of State citizenship is just as ex- 
clusively with the several States as the power to 
confer the right of federal citizenship is with 
Congress. 

The right of federal citizenship thus to be con- 
ferred on the several excepted races before men- 
tioned, is now, for the first time, proposed to be 
given by law. If, as is claimed by many, all 
persons who are native-born already are, by virtue 
of the Constitution, citizens of the United States, 
the passage of the pending bill cannot be neces- 
sary to make them such. If, on the other hand, 
such persons are not citizens, as may be assumed 
from the proposed legislation to make them such, 
the grave question presents itself, whether, when 
eleven of the thirty-six litates are unrepresented 
in Congress at the present time, it is sound policy 
to make our entire colored population and all 
other excepted classes citizens of the United 
States? Four millions of them have just 
emerged from slavery into freedom. Can it be 
reasonably supposed that they possess therequi- 
eite qualifications to entitle them to all the priv- 
ileges and immunities of citizens of the United 
States ? Have the people of the several States 
expressed such a conviction ? It may also be 
asked whether it is necessary that they should 
be declared citizens, in order that they may be 
secured in the enjoyment of the civil rights pro- 
posed to be conferred by the bill ? Those rights 
are, by federal as well as State laws, secured to 
all domiciled aliens and foreigners, even before 
the completion of the process of naturalization ; 
and it may safely be assumed that the same 
enactments are sufficient to give like protection 
and benefits to those for whom this bill provides 
special legislation. Besides, the policy of the 
Government, from its origin to the present time, 
seems to have been that persons who are stran- 
gers to and unfamiliar with our institutions and 
our laws should pass through a certain proba- 
tion, at the end of which, before attaining the 
coveted prize, they must give evidence of their 
fitness to receive and to exercise the rights of cit- 
izens, as contemplated by the Constitution of the 
United States. The bill, in effect, proposes a 
discrimination against large numbers of intelli- 
gent, worthy, and patriotic foreigners, and in 
favor of the negro, to whom, after long j^ears of 
bondage, the avenues to freedom and intelligence 
have just now been suddenly opened. He must, 
of necessity, from his previous unfortunate con- 
dition of servitude, be less informed as to the 
nature and character of our institutions than he 
who, coming from abroad, has to some extent, 
at least, familiarized himself with the principles 
of a government to which he voluntarily in- 
trusts "life, liberty, and the pursuit of happi- 
ness." Yet it is now proposed, by a single leg- 
islative enactment, to confer the rights of citi- 
zens upon all persons of African descent born 
within the extended limits of the United States, 
while persons of foreign birth, who make our 



land their home, must undergo a probation of five 
years, and can only then become citizens upon 
proof that they are "of good moral character, 
attached to the principles of the Constitution of 
the United States, and well disposed to the good 
order and happiness of the same." 

The first section of the bill also contains an 
enumeration of the rights to be enjoyed by these 
classes, so made citizens, "in every State and 
Territory in the United States." These rights 
are, " to make and enforce contracts, to sue, be 
parties, and give evidence ; to inherit, purchase, 
lease, sell, hold, and convey real and personal 
property ;" and to have "full and equal benefit of 
alUaws and proceedings for the security of person 
and property as is enjoyed by white citizens." 
So, too, they are made subject to the same punish- 
ments, pains, and penalties in common with v/hite 
citizens, and to none other. Thus a perfect 
equality of the white and colored races is at- 
tempted to be fixed by federal law in every State 
of the Union, over the vast field of State j urisdic- 
tion covered by these enumerated rights. In no 
one of these can any State ever exercise any 
power of discrimination between the different 
races. In the exercise of State policy over mat- 
ters exclusively affecting the people of each State, 
it has frequently been thought expedient to dis- 
criminate between the two races. By the stat- 
utes of some of the States, northern well as south- 
ren, it is enacted, for instance, that no white 
person shall intermarry with a negro or mulatto. 
Chancellor Kent says, speaking of the blacks, that 
" marriages between them and the whites are for- 
bidden in some of the States where slavery doea 
not exist, and they are prohibited in all the slave- 
holding States ; and when not absolutely contrary 
to law, they are revolting, and regarded as an 
offence against public decorum." 

I do not say that this bill repeals State laws 
on the subj ect of marriage between the two races ; 
for, as the whites are forbidden to intermarry 
with the blacks, the blacks can only make such 
contracts as the whites themselves are allowed to 
make, and therefore connot, under this bill, enter 
into the marriage contract with the whites. I 
cite this discrimination, however, as an instance 
of the State policy as to discrimination, and to in- 
quire whether, if Congress can abrogate all State 
laws of discrimination between the two races in 
the matter of real estate, of suits, and of contracts 
generally, Congress may not also repeal the State 
laws as to the contract of marriage between 
the two races ? Hitherto every subject embraced 
in the enumeration of rights contained in this 
bill has been considered as exclusively belonging 
to the States. They all relate to the internal 
police and economy of the respective States. They 
are matters which in each State concern the do- 
mestic condition of its people, varying in each 
according to its own peculiar circumstances and 
the safety and well-being of its own citizens. I 
do not mean to say that upon all these subjects 
there are not federal restraints — as, for instance, 
in the State power of legislation over contracts, 
there is a federal limitation that no State shall 
pass a law impairing the obligations of contracts ; 
and, as to crimes, that no State shall pass an ex 
post facto law ; and, as to money, that no State 
shall make anything but gold and silver a legal 



76 



POLITICAL MANUAL. 



tendi;r. But where can we find a federal prohi- 
bitioa against the power of any State to discrimi- 
nate, as do most of them, between aliens and 
citizeas, between artificial persons called corpora- 
tions and natural persons, in the right to hold 
real estate ? If it be granted that Congress can 
rei)eal all State laws discriminating oetween 
whites and blacks in the subjects covered by tliis 
bill, why, it may be asked, may not Congress re- 
peal, in' the same way, all State laws discrimi- 
nating between the two races on the subjects of 
suffrage and office? If Congress can declare by 
law \vlio shall hold lands, who shall testify, who 
phall have capacity to make a contract in a State, 
then Congress can by law also declar-e who, 
without regard to color or race, shall have the 
right to sit as a juror or as a judge, to hold any 
ofhce, and, finally, to vote, "in every State and 
Terrkory of the "United States." As respects the 
Territories, they come within the power of Con- 
gress, for as to them the law-making power is the 
federal power; but as to the States no similar 
provision exists vesting in Congress the power 
" to make rules and regulations " for them. 

The object of the second section of the bill is 
to afford discriminating protection to colored 
j)ersons in the full enjoyment of all the rights 
Becuredto thembj' the preceding section. It de- 
clares " that any person who, under color of 
any law, statute, ordinance, regulation, or cus- 
tom, shall subject, or cause to be subjected, any 
inhabitant of any State or Territory to the de- 
privation of any right secured or protected by 
thi= fict, or to different punishment, pains, or 
penalties, on account of such person having at 
any time been held in a condition of slavery or 
involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly 
convicted, or by reason of his color or race, than 
is prescribed for the punishment of white per- 
Bons, shall be deemed guilty of a misdemeanor, 
and, on conviction, shall be punished by a fine 
not exceeding one thousand dollars, or impris- 
onment not exceeding one year, or both, in the 
discretion of the court." this section seems to 
be designed to apply to some existing or future 
law of a State or Territory which may conflict 
with the provisions of the bill now under con- 
sideration. It provides for counteracting such 
forbidden legislation by imposing fine and im- 
prisonment upon the legisiAtors who maj' pass 
Buch conflicting laws, or upon the officers or 
agents who shall put or attempt to put them into 
execution. It means an ofiicial offence — not a 
common crime committed against law upon tlie 
persons or property of the black race. Such an 
act may deprive the black man of his property, 
but not of tlie right to hold property. It means 
a deprivation of the right itself, either by the 
State judiciary or the State legislature. It is 
therefore assumed that under this section mem- 
bers of State legislatures who should vote for 
laws conflicting with the provisions of the bill, 
that judges of the State courts who should ren- 
der judgments in antagonism with its terms, and 
that marshals and sheriffs who should, as minis- 
terial officers, execute processes sanctioned by 
State laws and issued by State judges in execu- 
tion of their judgments, could be brought before 
other tribunals, and there subje«ted to fine and 



imprisonment for tn.- performance of the duties 
which such State laws might impose. The leg- 
islation thus proposed invades the judicial power 
of the State. It says to every fetate court or 
judge, if you decide that this act is unconstitu- 
tional ; if you refuse, under the prohibition of a 
State law, to allow a negro to testify ; if you 
hold that over such a subject-matter the State 
law is paramount, and " under color" of a State 
law refuse the exercise of the right to the negro, 
your error of judgment, however conscientious, 
shall subject you to fine and imprisonment ! I 
do not apprehend that the conflicting legislation 
which tire bill seems to contemplate is so likely 
to occur as to render it necessary at this time to 
adopt a measure of such doubtful constitution- 
ality. 

in the next place, this provision of the bill 
seems to be unnecessary, as adequate judicial 
remedies could be adopted to secure the desired 
end, without invading the immunities of legis- 
lators, always important to be preserved in the 
interest of public liberty ; without assailing the 
independence of the judiciaiy, always essential 
to the preservation of individual rights ; and 
without impairing the efliciency of ministerial 
oflicers, always necessary for the maintenance of 
public peace and order. The remedy proposed 
by this section seems to be, in this respect, not 
only anomalous, but unconstitutional ; for the 
Constitution guarantees nothing with certainty 
if it does not insure to the several States the 
right of making and executing laws in regard 
to all matters arising within their jurisdiction, 
subject only to the restriction that, in cases of 
conflict with the Constitution and constitutional 
laws of the United States, the latter should be 
held to be the supreme law of the land. 

The third section gives the district courts of 
the United States exclusive " cognizance of all 
crimes and offences committed against the pro- 
visions of this act," and concurrent jurisdiction 
with the circuit courts of the United States of 
all civil and criminal cases " affecting persons 
who are denied, or cannot enforce in the courts 
or judicial tribunals of the State or locality 
where thej^ may be, any of the rights secured to 
them by the first section." The construction 
which I have given to the second section is 
strengthened bj- this third section, for it makes 
clear what kind of denial or deprivation of the 
rights secured by the first section was in con- 
templation. It is a denial or deprivation of such 
rights " in the courts or judicial tribunals of the 
State." It stands, therefore, clear of doubt that 
the offence and the penalties provided in the 
second section are intended for the State judge, 
who, in the clear exercise of his functions as a 
judge, not acting ministerially but judicially, 
shall decide contrary to this federal law. in 
other words, when a State judge, acting upon a 
question involving a conflict between a State lav/ 
and a federal law, and bound, according to his 
own judgment and responsibility, to give an 
impartial decision between the two, comes to the 
conclusion that the State law is valid and the 
federal law is invalid, he must not follow the 
dictates of his own judgment, at the peril of fine 
and imprisonment. The legislative department 
of the Government of the United States thus 



TETOES AND VOTES. 



77 



takes from the judicial department of the States 
the sacred aud eAclusive duty of judicial decision, 
and converts the State judye into a mere minis- 
terial (liBcer, bound to decide according to the 
will of Congress. 

It is clear that, in States which deny to per- 
sons whose rights are secured by the first section 
of the bill any one of those rights, all criminal 
and civil cases affecting them will, by tlie pro- 
visions of the third section, come under the ex- 
clusive cognizance of the federal tribunals. It 
follows that if, in any State which denies to a 
colored person any one of all those rights, thai 
person snould commit a crime against the laws 
of a State — murder, arson, rape, or anj'' other 
crime — all protection and punishment through 
the courts of the State are taken away, and he 
can only be tried and punished in the federal 
courts. Hov.' is the criminal to be tried ? If 
the offence is provided for and punished by fed- 
eral law, that law, and not the State law, is to 
govern. It is only when the offence does not 
happen to be within the purview of federal law 
that the federal courts are to trj' and punish 
him under any other law. Then resort is to be 
had to the " common law, as modified and 
changed" by State legislation, "so far as the 
same is not inconsistent with the Constitution 
aud laws of the Uoited States." So that over 
this vast domain of criminal jurisprudence pro- 
vided by each State for the protection of its own 
citizens, and for the punishment of all persons 
who violate its criminal laws, federal law, when- 
ever it can be made to apply, displaces State law. 
The question here naturally arises, from what 
source Congress derives the power to transfer to 
federal tribunals certain classes of cases embraced 
in this section ? The Constitution expressly de- 
clares that the judicial power of the United 
States "sh>ll extend to all cases in law and 
equity arising under this Constitution, the laws 
of the United States, and treaties made, or which 
shall be made under their authority ; to all cases 
affecting ambassadors, other public ministers and 
con.'iuls ; to all cases of admiraltj^ and maritime 
jurisdiction ; to controversies to which the 
United States shall be a party ; to controversies 
between two or more States, between a State 
and citizens of another State, between citizens 
of different States, between citizens of the same 
State claiming land under grants of different 
States, and between a State, or the citizens there- 
of, and foreign States, citizens, or subjects," 
Here the judicial power of the United States is 
expressly set forth and defined ; and the act of 
September 24, 1789, establishing the judicial 
courts of the United States, in conferring upon 
the federal courts jurisdiction over cases origi- 
nating iu State tribunals, is careful to confine 
them to the classes enumerated in the above- 
recited clause of the Constitution. This section 
of the bill undoubtedly comprehends cases and 
authorizes the exercise of powers that are not, 
by the Constitution, within the jurisdiction of 
the courts of the United States. To transfer 
them to those courts would be an exercise of 
authority well calculated to excite distrust and 
alarm on the part of all the States ; for the bill 
applies alike to all of them — as well to those 
that have as to those that have not beea engaged 
in rebellion. 



It may be assumed tliat this authority i? in- 
cident to the power granted to Congress by t-ho 
Constitution, as recently amended, to enfcrco, 
by appropriate legislation, the article declaring 
that " neither slavery nor involuntary servitude,, 
except as a punishment for crime whereof tho 
party shall have been duly convicted, shall exist 
within the United States, or any place subject 
to their jurisdiction." It cannot, however, be 
justl}' claimed that, with a view to the enforce- 
ment of this article of the Constitution, there ia 
at present any necessity for the exercise of all 
the powers which this bill confers. Slavery has 
been abolished, and at present nowhere existg 
within the jurisdiction of the United States ; nor 
has there been, nor is it likely there will be, any 
attempt to revive it bj^ the people or the States. 
If, however, any sucii attempt shall be made, it 
will then become the duty of the General Gov- 
ernment to exercise any and all incidental 
powers necessary and proper to maintain invio- 
late this great constitutional law of freedom. 

The fourth section of the bill provides that 
oiScers and agents of the Freedmen's Bureau 
shall be empowered to make arrests, and also 
that other officers may be specially commissioned 
for that purpose by the President of the United 
States. It also authorizes circuit courts of the 
United States and the superior courts of the 
Territories to appoint, without limitation, com- 
missioners, who are to be charged with the per- 
formance of quasi judicial duties. The fifth 
section empowers the commissioners so to hh 
selected by the courts to appoint in writing, 
under their hands, one or more suitable persona 
from time to time to execute warrants and other 
processes described by the bill. These numeroua 
ofiicial agents are made to constitute a sort of 
police, in addition to the military, and are au- 
thorized to summon a, posse comitatus, and even 
to call to their aid such portion of the land and 
naval forces of the United States, or of the mili- 
tia, " as may be necessary to the performance of 
the duty with which they are charged." This 
extraordinary power is to be conferred upon 
agents irresponsible to the Government and to 
the people, to whose number the discretion of 
the commissioners is the only limit, and in whose 
hands such authority might be made a terrible 
engine of wrong, oppression, and fraud. The 
general statutes regulating the land and naval 
forces of the United States, the militia, and the 
execution of the laws, are believed to be ade- 
quate for every emergency which can occur in 
time of peace. If it should prove otherwise 
Congress can at any time amend those laws in 
such a manner as, while subserving the public 
welfare, not to jeopard the rights, interests, and 
liberties of the people. 

The seventh section provides that a fee of ten 
dollars shall be paid to each commissioner in 
every case lirought before him, and a fee of fiva 
dollars to his deputy, or deputies, " for each per- 
son he or they may arrest and take before any 
such commissioner," "with such other fees aa 
maybe deemed reasonable by such commission," 
" in general for performing such other dutie-? as 
may be required in the premises." All these 
foes are to be " paid out of the Treasury of the 
United States," whether there is a conviction or 
not ; but in case of conviction they are to be 



POLITICAL MANUAL, 



recoverable from the defendant. It seems to 
me that under the influence of such temptations 
bad men might convert any la^v, however bene- 
ficent, into an instrument of persecution and 
fraud. 

By the eighth section of the bill the United 
States courts, which sit only in one place for 
white citizens, must migrate, with the marshal 
and district attorney, (and necessarily with the 
clerk, although he is not mentioned,) to any 
part of the district upon the order of the Presi- 
dent, and there holci a court " for the purpose 
of the more speedy arrest and trial of persons 
charged with a violation of this act," and there 
the judge and officers of the court must remain, 
upon the order of the President, " for the time 
therein designated." 

Tlie ninth section authorizes the President, or 
such person as ho may empower for that pur- 
pose, " to employ such part of the land or naval 
forces of the United iStates or of the militia as 
bhall be necessary to prevent the violation and 
enforce to due execution of this act." This 
language seems to imply a permanent military 
force, that is to be always at hand, and whose 
only business is to be the enforcement of this 
measure over the vast region where it is intended 
to ojierate. 

I d5 not propose to consider the policy of this 
bill To me the details of the bill seem fraught 
with evil. The white race and the black race 
of the South have hitherto lived together under 
the relation of master and slave — capital own- 
ing labor. Now, suddenly, that relation is 
changed, and, as to ownership, capital and 
labor are divorced. They stand now each mas- 
ter of itself In this new relation, one being 
necessary to the other, there will be a new ad- 
justment, which both are deeply intere.sted in 
making harmonious. Each has equal power in 
settling the terms, and, if left to the laws that 
regu'ate capital and labor, it is confidently be- 
lieved that they will satisfactorily work out the 
problem. Capital, it is true, has more intelli- 
gence, but labor is never so ignorant as not to 
understand its own interests, not to know its 
own value, and not to see that capital must pay 
th.'it value. 

This bill frustrates this adjustment. It inter- 
venes between capital and labor, and attempts 
to settle questions of political economy through 
the agency of numerous officials, whose interest 
it will be to foment discord between the two 
races ; for as the breach widens their employment 
will continue, and when it is closed their occu- 
pation will terminate. 

In all our history, in all our experience as a 
people, living under federal and State law, no 
Buch system as that contemplated by the details 
of this bill has ever before been proposed or 
jvdopted. They establish for the security of the 
colored race safeguards which go infinitely be- 
yond anv that the General Government has ever 
provided for the white race. In fact, the dis- 
tinction of race and color is, by the bill, made to 
operate in favor of the colored and against the 
white race. They interfere with the municipal 
legislation of the States, with the relations 
existing exclusively between a State and it.a 
CitizeQs, or between iahabitaata of the same 



State— an absorption and assuinplion of pover 
by the General Government which, if acquiesced 
in, must sap and destrov our federative system 
of limited powers, and break down the ba'rriera 
which preserve the rights of the States. It is 
another step, or rather stride, towards central- 
ization, and the concentration of all legislative 
powers in the national Government. The ten- 
dency of the bill must be to resuscitate the 
spirit of rebellion, and to arrest the progress 
of those influences which are more closety draw- 
ing around the States the bonds of union and 
peace. 

lily lamented predecessor, in his proclamation 
of the 1st of January, 1863, ordered and de- 
clared that all persons held as slaves within 
certain States and parts of States therein desig- 
nated were, and thenceforward should be free, 
and, further, that the executive government of 
the United Statea, including the military and 
naval authorities thereof, would recognize and 
maintain the freedom of such persons. Thia 
guarantee has been rendered especially obliga- 
tory and sacred by the amendment of the Con- 
stitution abolishing slavery throughout the 
United States. I, therefore, fully recognize the 
obligation to protect and dei'end that class of 
our people, whenever and wherever it shall 
become necessary, and to the full extent com- 
patible with the Constitution of the United 
States. 

Entertaining these sentiments, it only re- 
mains for me to say, that I will cheerfully co-op- 
erate with Congress in any measure that may 
be necessary for the protection of the civil rights 
of the freedmen, as well as those of all other 
classes of persons throughout the United States, 
by judicial process, under equal and impartial 
laws, in ccuformity with the provisions of tKe 
Federal Constitution. ' 

I now return the bill to the Senate, and ite- 
gret that, in considering the bills and joi'nt 
resolutions — forty-two in number — which have 
been thus far submitted for my approval, I am 
compelled to withhold my assent from a second 
measure that has received the sanction of both 
Houses of Congress. 

Andrew Johksok. 

Washington, D. C, March 27, 1866. 

Copy of the Bill Vetoed. " 

An Act to protect all persons in the United 
States in their civil rights, and furnish the 
means of their vindication. 
Be it enacted, <&c., That all persons b(<rn in 
the United States and not subject to any f6'^eigu 
power, excluding Indians, not taxed, are b'ireby 
declared to be citizens of the United States ; 
and such citizens of every race and color, vitb- 
out regard to any previous condition of s .ivery 
or involuntary servitude, except as a 
ment for crime whereof the party shall h 
duly convicte<i, shall have the same 
every State and Territory in the Unitea 
make and enforce contracts ; to sue, b« 
and give evidence ; to inherit, purcha.se, lease, 
sell, hold, and convey real and personal property; 
and to full and equal benefit of all laws and 
proceedings for the security of person and prop- 
erty as ia enjoyed by white citizens, and aliall 



,'unish- 

ebeen 

'it in 

tes to 

parties. 



VETOES AND VOTES, 



79 



be subject to like p mishment, pains, and penal- 
ties, and to none other, any law, statute ordi- 
nance, regulation, or custom, to the contrary 

notwithstanding. 

Sec. 2. That any person who, under color of 
any law, statute, ordinance, regulation, or 
custom, shall subject, or cause to be subjected, 
any inhabitant of any State or Territory to the 
deprivation of any right secured or protected 
by this act, or to different punishment, pains, or 
penalties on account of such person having at 
any time been held in a condition of slavery or 
involuntary servitude, except as a punishment 
for crime whereof the party shall have been 
duly convicted, or by reason of his color or 
race, than is prescribed for the punishment of 
white persons, shall be deemed guilty of a mis- 
demeanor, and, on conviction, shall be punished 
by fine not exceeding one thousand dollars, or 
imprisonment not exceeding one year, or both, 
in the discretion of the court. 

Sec. 3. That the district courts of the United 
States, within their respective districts, shall 
have, exclusively of the courts of the several 
States, cognizance of all crimes and offences 
committed against the provisions of this act, 
and also, concurrently with the circuit courts of 
the United States, of all causes, civil and crimi- 
nal, affecting persons who are denied or cannot 
enforce in the courts or judicial tribunals of the 
State or locality where they may be any of the 
rights secured to them by the first section of this 
act ; and if any suit or prosecution, civil or crim- 
inal, has been or shall be commenced in any 
State court against any such person, for any 
cause whatsoever, or against any officer, civil or 
military, or other person, for any arrest or im- 
prisonment, trespasses, or wrongs done or com- 
mitted by virtue or under color of authority 
derived from this act or the act establishing a 
bureau for the relief of freedmen and refugees, 
ani all acts amendatory thereof, or for refusing 
to do any act upon the ground that it would be 
inconsistent with this act, such defendant shall 
have the right to remove such cause for trial to 
the proper district or circuit court in the manner 
prescribed by the "Act relating to habeas corpus 
and regulating judicial proceedings in certain 
cases," approved March three, eighteen hundred 
and sixty-three, and all acts amendatory thereof. 
The jurisdiction in civil and criminal matters 
hereby conferred on the district and circuit courts 
of the United States shall be exercised and en- 
forced in conformity with the laws of the United 
State ', so far as such laws are suitable to larry 
the Same into effect ; but in all cases where such 
laws >ire not adapted to the object, or are defi- 
cient (in the provisions necessary to furnish suit- 
able ■ emedies and punish offences against law, 
the c,;,nmon law, as modified and changed by 
the COL, titution and statutes of the State wherein 
the cov.'r having jurisdiction of the cause, civil 
or cr' ; , lal, is held, so far as the same is not 
incou mt with the Constitution and laws of 
Unitea ^ates, shall be extended to and govern 
said courts in the trial and disposition of such 
cause, and, if of a criminal nature, in the inflic- 
tion of punishment on the party found guilty. 

Sec. 4. That the district attorneys, marshals, 
and deputy marshals of the Unitea States, the 
commissioners appointed by the circuit court and 



territorial courts of the United States, with pow- 
ers of arresting, imprisoning, or bailing offenders 
against the laws of the United States, the officers 
and agents of the Freedmen's Bureau, and every 
other officer who may be specially empowered 
by the President of the United States, shall bo, 
and they are hereby, specially authorized and 
required, at the expense of the United States, to 
institute proceedings against all and every per- 
son who shall violate the provisions of this act, 
and cause him or them to be arrested and im- 
prisoned, or bailed, as the case may be, for trial 
before such court of the United States or terri- 
torial court as by this act has cognizance of the 
offence. And with a view to affording reason- 
able protection to all persons in their constitu- 
tional rights of equality before the law, without 
distinction of race or color, or previous condi- 
tion of slavery or involuntary servitude, except 
as a punishment for crime, whereof the party 
shall have been duly convicted, and to the prompt 
discharge of the duties of this act, it shall be the 
duty of the circuit courts of the United States 
and the superior courts of the Territories of the 
United States, from time to time, to increase the 
number of commissioners, so as to afford a speedy 
and convenient means for the arrest and exami- 
nation of persons charged with a violation cf 
this act. And such commissioners are hereby 
authorized and required to exercise and discharge 
all the powers and duties conferred on them by 
this act, and the same duties with regard to of- 
fences created by this act, as they are authorized 
by law to exercise with regard to other offences 
against the laws of the United States. 

Sec. 5. That it shall be the duty of all mar- 
shals and deputy marshals to obey and execute 
all warrants and precepts issued under the pro- 
visions of this act, when to them directed ; and 
should any marshal or deputy marshal refuse to 
receive such warrantor other process when ten- 
dered, or to use all proper means diligently to 
execute the same, he shall, on conviction thereof, 
be fined in the sum of one thousand dollars, to 
the use of the person upon whom the accused is 
alleged to have committed the offence. And the 
better to enable the said commissioners to exe- 
cute their duties faithfully and efficiently, in 
conformity with the Constitution of the United 
States and the requirements of this act, they are 
hereby authorized and empowered, within their 
counties respectively, to appoint, in writing, 
under their hands, any one or more suitable per- 
sons, from time to time, to execute all such war- 
rant.* and other process that may be issued by 
them in the lawful performance of their respect- 
ive duties; and the persons so appointed to exe- 
cute any warrant or process as aforesaid shaD 
have authority to summon and call to their aid 
the bystanders or the posse comitatus of the 
proper county, or su-ch portion of the land and 
naval forces of the United States, or of the mjli- 
tia, as may be necessary to the performance of 
the duty with which they are charged, and to 
insure a faithful observance of the clause of the 
Constitution which prohibits slavery, in con- 
formity with the provisions of thjs act ; and said 
warrants shall run and be executed by said 
officers anywhere in the State or Terrritory 
within which they are issued. 
Seo. 6. That any person who shall knowingly 



80 



POLITICAL MANUAL, 



and wilfully obstruct, hinder or prevent any 
officer, or other person charged with the execu- 
tion of any warrant or process issued under the 
provisioEs of this act, or any person or persons 
lawfully assisting him or them, from arresting 
any person for whose apprehension such warrant 
or process may have been issued, or shall rescue 
or attempt to rescue such person from the custody 
of the otficer, other person or persons, or those 
lawfully assisting as aforesaid, when so arrested 
pursuant to the autliority herein given and de- 
clared, or shall aid, abet, or assist any person bo 
arrested as aforesaid, directly or indirecily. U' 
escape from the custody of the officer or other 

Iierson legally authorized as aforesaid, or sliall 
larbor or conceal any person for whose arrest 
a warrant or process shall have been issued as 
aforesaid, so as to prevent his discovery and 
arrest after notice or knowledge of the fact that 
a warrant has been issued for the apprehension 
of such person, shall, for either of said offences, 
be subject to a fine not exceeding one thousand 
dollars, and imprisonment not exceeding six 
months, by indictment and conviction before 
the district court of the United States for the 
district in which said offence may have been 
committed, or before the proper court of criminal 
jurisdiction, if committed within any one of the 
organized Territories of the United States. 

Sec 7- That the district attorneys, tlie mar- 
shals, their deputies, and the clerks of the said 
district and territorial courts shall be paid for 
their services the like fees as may be allowed to 
them for similar services in other cases ; and in 
all cases where the proceedings are before a 
commissioner, he shall be entitled to a fee of ten 
dollars in full for liis services in each case, inclu- 
sive of all services incident to such arrest and 
examination. Tlie person or persons authorized 
to execute the process to be issued by such com- 
missioners for the arrest of offenders against the 
provisions of this act shall be entitled to a fee 
of five dollars for each person he or they may 
arrest and take before any such commissioner as 
aforesaid, with such other fees as may be deemed 
reasonable by such commissioner for such other 
additional services as may be necessarily per- 
formed by him or them, such as attending at the 
examination, keeping the prisoner in custody, 
and providing him with food and lodging dur- 
ing his detention, and until the final determina- 
tion of such commissioner, and in general for 
performing such other duties as may be required 
in the premises; such fees to be made up in con- 
formity with the fees usually chargecl by the 
officers of the courts of justice v/ithin the proper 
district or county, as near as may be practica- 
ble and paid out of the treasury of the United 
States on the certificate of the judge of the-.dis- 
trict within which the arrest is' made, and to be 
recoverable from tlie defendant as part of tlie 
judgment in case of conviction. 

Sec. 8. That whenever the President of the 
United States shall have reason to believe that 
offences have been, or arc likely to be commit- 
ted against the provisions of this act within any 
judicial district, it shall be lawful for liim, in his 
discretion, to direct the judge, marshal, and dis- 
trict attorney of sucii district to attend at such 
lace within the district, ajid for sucli time as 
6 may designate, for the purpose of the more 



E 



speedy arrest and trial of persons charged with 
a violation of this act ; and it shall be the duty 
of every judge or other officer, when any sucn 
requisition shall be received by him, to attend 
at the place and for the time therein designated. 

Sec. 9. That it shall be lawful for the Presi- 
dent of the United States, or such person as he 
may empower for that purpose, to employ such 
part of the land or naval forces of the United 
States, or of the militia, as shall be necessary to 
prevent the violation and enforce the due exe- 
cution of this act. 

Sec. 10. That upon all questions of law arising 
in any cause under the provisions of this act, a 
final appeal may be taken to the Supreme Court 
of the United States. 

The votes on this bill were : 

1866, February 2 — The Senate passed the bill 
— yeas 33, nays 12, as follow : 

Ye.\s — Messrs. Anthony, Brown, Cliamll er, Clark, Connesa, 
Cragin, Dixon, Fessenilen, Foot, Foster, Harris, Ilen^lerson, 
Howard, Howe, Kirkwood. Lane of Indiana, Lane of Kansas, 
Morgan, Morrill, Nye, Poland, Ponieroy, Ramsey. Sherman, 
Sprague, Stewart, Sumder, Trumbull, Wade, Willey, AVil- 
liams, Wilson, Yates — 33. 

N.\YS — Messrs. Bitckalew. Cowan, Davis, Guthrie. Hcnd- 
ricls, McDougall, Nesmith, Norton, Riddle:, Sauhbury, Slock- 
tern. Van Winkle — 12. 

March 9 — The bill being before the House, 
Mr. Eldeidge moved that it lie on the table ; 

which was disagreed to — yeas 32, nays 118, as 

follow : 

Yeas — Messrs. Ancona, Boyer, Brooks, Chanler, Cnffroth, 
Dawson, Denison, Eldridge, Glossurevner, Goodyear, Grider, 
Aaron Ilarding, Harris, Hogan, Edivin N. Huhhdl, Kerr, 
Le Blond, Marshall, Kiblack, Nicholson, liadford, Rilter, 
Rogers, Ross, Rousseau, Shanklin, Sitgreaves, 2'aber, Taylor, 
Tliornton, Trimble, ^YinfLeld.—Z2. 

Nats— Mi'ssrs. Alley, Allison, Ames, Anderson, D. R. Ash- 
ley, J.ames M. Ashley, Baker, Baldwin, Banks, Baxter, Bea- 
man, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwell, 
Broomall, Buokland, Bundy, f^iduey Clarke, Cobb, Coukling, 
Cook,Cnlloni,Darling. Davis. Dcfrees, Delano, Beming.Dixou, 
Donnelly, Drig(;s, Duniont, Eliot, Farnsworth. Farqnliar, Fer- 
ry, Grinnell, Abner C. liardiue, Hart, Haves, llendtrson, 
Higby, Hill, Holmes, Hooper, As'ahelW. Hubbard, Chester D. 
Hubbard, Dcmas Hubbard, jr., John l\. Hubbard, Hulburd, 
.James Humphrey, Ingersoll.Jenckes, Julian, Kelley, Kelso, 
Ketch.am, Kuykendall, Latham, George V. Lawrence William 
Lawrence, Loan, Longyear, Lynch, Slarston. Marvin, McOlurg, 
SleKee, McRuer, Mercur, Jliller, Moorhead, Morrill. Morris, 
Monlton, Myers, O'Neill, Orth, Paine, Perham, Phelps. Pike, 
Plants. Price, Raymond, Alexander H. Rice, John H. Rice, 
Sawyer, Schcnck, Scofield, Shellabargei", Sloan. Spalding, 
Slarr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., 
Trowbridge, Upson, Van Aernam.Burt Van Horn, RoliertT. 
Van Horn, Ward, Warner, Ellihu B. Washburne, Henrv D. 
Washburn, William B. Washburn, Welker, Wcntwoith, 
Whaley, Williams, James F.Wilson, Stephen F. Wil.-ou, Win- 
dom, Woodbridge. — 118. 

March 13 — The bill passed — yeas 111, nays 38, 
as follow : 

Ye.^s — Messrs. Alley, Allison, Ames, Anderson, James M. 
Ashley, Baker, Baldwin, Banks, Baxter. Beaman, Eidwoll, 
Blaino, Blow, Bontwcll, Bromwell, Broomall, Buckland, 
Bundy, Sidney Clai ke, Cobb, Conkling, Cook, Cullom, D;ir- 
ling. Davis, Dawes, Delano, Deming, Dixon, Donnelly, Dnggs, 
Dumont, Eliot, Farnsworth, Farquhar, Ferry, OartiiM.drin- 
nell, Abner C. Harding, Hart, Hayes, Higby, Hill. Holmes, 
Hooper, Asahel W. Hulibard, Chester D. Hubbard. Dcmas 
Hubbard, John H. Hubbard, Hulburd, James ilnmidirey, 
Ingersoll, J<'nckea, Julian, Kelley, Kelso, Ketcham, Kuj'. 
kcndall, Lafiin, Georgo V. Lawrence, William Lawrence, 
Loan, Longyear, Lynch, Marston, Marvin, .McClnrg, Mc- 
Ruer, Merc\ir, Miller, .Moorhead, Morrill, Morris, Monlton, 
Myers, Newell, O'Neill, Orth, Paine. Perham, Pike, Plants, 
Price, Alexander H. Rice, Sawyer, Schenck, Scofield, Shel- 
labarger, Sloan, Spalding. Starr, Stevens, Thayer, Francis 
Thomas, John L. Thomas, Trowl)ridge, Upson, Van Aernam, 
Buit Van Horn, Ward, Warner, Ellihu B. Washburne, Wil- 
liumB Wa-shburn, Welker, Wentworth, Whaley, W'illiams, 
James F. Wilson, Stephen F. Wilson, Windom, Wood- 
bridge — 111. 

Nats — Messrs. Ancona, Bergen, Bingham, Boyer, Brooks, 



VETOES AND VOTES. 



81 



Cbffrrith, Oajosfwi, Deniscn, Gloscbrenner, Goodyear. Grider, 
Asron Harding, Harris, Hor/an, Edvjtn jX. Hubbdl, Jofie:, 
fCerr, Latham.'ie Blond. MLinhall. McOullough, Xidtolson, 
Phelps, Ridjord. S^imuel J. Rannall, ^Villiam II. Kandall, 
Hitter, Rnrjns, Koss, Rousseau. Shonldin. Sitftreaves, Smith, 
Taber, Taylor, Thornion, Trimble, \VinfuJd—5%. 

March 15 — The Senate concurred in the House 
aroenrlments. 

March 27 — The bill was vetoed. 

April 6 — The Senate passed the bill, notwith- 
etanding the objections of the President, by a 
vote of 33 yeas to 15 nays, as follow : 

Ye.is — Messrs. Anthony. Bi-own, Chandler, Clark, Con- 
ness, Craniii, Creswell. Edmuiul.s, Fessenden, Foster, Grimes, 
Harris, Henderson, Howard, Howe. Kirliwood, Lane of In- 
diana, Morgan, Morrill; Nye, toland, Pomeroy. Ramsey, 
Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, 
WiPey, Williams, Wilson, Yates— 03. 

Nays — Messrs. Buckalew, Cowan, Davis, Doolittle, Guth- 
rie, Hendricks, Johnson, Lane of Kansas, McDouijail. Kcs- 
rnith, Norton, Riddle, Saulsbury, Van Winkle, Wright — 15. 

April 9 — The House of Repeesentatives 
again passed it — yeas 122, nays 41, as follow : 

Yeas — Messrs. Alley, Allison, Delos R. Ashley, James M. 
Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, 
Benjamin, Bidwell, Boutw^U, Brandegee, Bromwell, Broom- 
all, Buekland, Bundy, Reader W. Clarke, Sidney Clarke, 
Colib, Colfax. Conkling, Cook, Culh m. Darling, Davis, Dawes, 
Defrees, Delano, Demiug, Dixon, Dodge, Donnelly, Eckley, 
Eggleston, Kliot, F.irnsworth, Farquhar, Ferry, Garfield, 
Grinnell, Griswold, ILale, Abner Harding, Hart, Hayes, 
Henderson, Higby, Hill, Holmes, Hooper, Ilotcbkiss. Asahel 
W. Hubbard, Chester D. Ilubb.ird. John H. Hubbaid, James 
R. Hubbell, Ilulburd, James Humphrey, Ingersoll^Jenckes, 
Kasson, Kelley, Kelso, Ketcham, Latlin, George V. Law- 
rence, William Lawrence, Loan, Longyear, Lynch, Marston, 
Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, Mil- 
ler, Moorhead, Murrill, Morris, Moulton, Myers, Newell, 
O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pom- 
eroy, Price, Alexander H. Rice, John H. Rice, Rollins, 
Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, 
Stevens, Thayer, Francis Thomas, John L. Thomas, j r., Trow- 
bridge, Up*uii, Van Aernam. Burt Van Horn, Robert T. 
Van Horn. Ward, Ellihn B. Washbume, Henry D. Wash- 
burn, William B. Washburn, Welker, Wentworth, James 
F. Wilson, Stephen F. Wilson, Windom, Woodbridge. — 122. 

Nats — Messrs. Ancona, Bergen, Boyer, Coffroih, Dawson, 
Denison, Eldridge, Finck, Glosshremter, Aaron Harding, 
Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, 
Lath.am, Le Blond, ilarsliall, McCullougli, JS'iblack, JVichol- 
scm, \oell,Vhi;\ps, Radfiril. Samud J. Randall, William 
H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, 
Shanklin, Sitgreai":s, Smith. Strouse, Taber, Taylor, Thorn- 
ton, Tnmble, Whaley, Winfidd, Wright.— 41. 

Whereupon the Speaker of the House declared 
the bill a law. 

Veto of the Colorado Bill, May 15, 1866 

To the Senate of the United States : 

I return to the Senate, in which house it 
originated, the bill which has passed both Houses 
of Congress, entitled " An act for the admission 
of the State of Colorado into the Union," with 
my objections to its becoming a law at this time. 

First. From the best information which I 
have been able to obtain, I do not consider the 
establishment of a State government at present 
necessary for the welfare of the people of Colo- 
rado. Under the existing Territorial govern- 
ment all the rights, privileges, and interests of 
the citizens are protected and secured. The 
qualified voters choose their own legislators and 
tlteir own local officers, and are represented in 
Congress by a delegate of their own selection. 
They make and execute their own municipal 
laws, subject only to revision by Congress — an 
authority not likely to be exercised, unless in 
extreme or extraordinary cases. The population 
is small, some estimating it so low as twenty- 
five thousand, while advocates of the bill reckon 



the number at from thirty-five thousaxid to 
forty thousand souls. The people are princi- 
pally recent settlers, many of whom are under- 
stood to be ready for removal to other mining 
districts beyond tlie limits of the Territory, if 
circumstances shall render them more inviting. 
Such a population cannot but find relief from 
excessive taxation if the territorial system, 
which devolves the expenses of the executive, 
legislative, and judicial departments upon the 
United States, is for the present continued. 
They cannot but find the security of person ano 
property increased by their reliance upon tht 
national executive pjower for the maintenance 
of law and order against the disturbances neces- 
sarily incident to all newly organized commu- 
nities. 

Second. It is not satisfactorily established 
that a majority of the citizens of Colorado de- 
sire, or are prepared for an exchange of a terri- 
torial for a State government. In September, 
1864, under the authority of Congress, an election 
was lawfully appointed and held, for the purpose 
of ascertaining the views of the people upon 
this particular question. 6,192 votes were cast, 
and of this number a majority of 3,152 was 
given against the proposed change. In Sep- 
tember, 1865, without any legal authority, the 
question was again presented to the people of 
tne Territory, with a view of obtaining a recon- 
sideration of the result of the election held in 
compliance with the act of Congress approved 
March 21, 1864. At this second' election 5,905 
votes were polled, and a majority of 155 was 
given in favor of a State organization. It does 
not seem to me entirely safe to receive this, the 
last mentioned result, so irregularly obtained, 
as sufficient to outweigh the one which had been 
legally obtained in the first election. Regular- 
ity and conformity to law are essential to the 
preservation of order and stable government, 
and should, as far as practicable, always be 
observed in the formation of new States. 

Third. The admission of Colorado, at thi» 
time, as a State into the federal Union, appears 
to me to be incompatible with the public inter- 
ests of the country. While it is desirable that 
territories, when sufficiently matured, should be 
organized as States, yet the spirit of the Consti- 
tution seems to require that there should be an 
approximation towards equality among the sev- 
eral States comprising the Union. No State can 
have less or more than two Senators in Congress. 
The largest State has a population of four mil- 
lions ; several of the States have a population 
exceeding two millions ; and many others have 
a population exceeding one million. A popula- 
tion of 127,000 is the ratio of apportionment 
of representatives among the several States. 

If this bill should become a law, the people 
of Colorado, thirty thousand in number, would 
have in the House of Representatives one mem- 
ber, while New York, with a population of four 
millions, has but thirty-one ; Colorado would 
have in the electoral college three votes, while 
New York has only thirty-rhree ; Colorado would 
have in the Senate two votes, while New York 
has no more. 

Inequalities of this character have already 
occurred, but it is believed that none have hap- 



«2 



POLITICAL MANUAL. 



pened where the inequality was so great. When 
such inequality has been allowed, Congress is 
supjiOPed to have pennitted it on the ground of 
Fome high public necessity, and under circum- 
fitances wliich promised that it would rapidly 
disappear through the growth and development 
of the newly admitted State. Thus, in regard 
to the several States in what was formerly called 
the " northwest territory," lying east of the Mis- 
Bissippi, their rapid advancement in popula- 
tion rendered it certain that States admitted with 
only one or two representatives in Congress, 
would, in a very short period, be entitled to a 

f;reat increase of representation. So, when Cali- 
ornia was admitted on the ground of commer- 
cial and political exigencies, it was well foreseen 
that that State was destinsd rapidly to become 
a great, prosperous, and important mining and 
commercial commanity. In the case of Colo- 
rado, I am not aware that any national exigency, 
either of a political or commercial nature, re- 
quires a departure from the law of equality, 
which has been so generally adhered to in our 
history. 

If information submitted in connection with 
this bill is reliable, Colorado, instead of increas- 
ing, has declined in population. At an election 
for members of a tei-ritorial legislature held in 
1861, 10,530 votes were cast. At the election 
before mentioned, in 18G4, the number of votes 
cast was 6,192 ; wliile at the irregular election 
held in 1865, which is assumed as a basis for 
legislative action at this time, the aggregate 
of votes was 5,905. Sincerely anxious for the 
welfare and prosperity of every Territory and 
State, as well as for the prosperity and welfare 
of the whole Union, I regret this apparent de- 
cline of population in Colorado ; but it is mani- 
fest that it is due to emigration which is going 
on from that Territory into other regions within 
the United States, which either are in fact, or 
are believed by the inhabitants of Colorado to 
be, richer in mineral wealth and agricultural re- 
Bources. If, however, Colorado has not really 
declined in population, another census, or 
another election under the authority of Con- 
gress, would place the question beyond doubt, 
and cause but little dulay in the ultimate ad- 
mission of the Territory as a State, if desired by 
the people. 

The tenor of these objections furnishes the 
reply which may hn expected to an argument 
in favor of the measure derived from the ena- 
bling act 'vhich was passed by Congress on the 
2l8t day of March, 1864. Although Congress 
then supposed that the condition of the Terri- 
tory was such as to warrant its admission as a 
State, the result of two years' experience shows 
that every reasou which existed for the institu- 
tion of a territorial instead of a State gov- 
ernment in Colorado, at its first organization, 
still continues in force. 

The condition of the Union at the present mo- 
ment is calculated to inspire caution in regard to 
the admission of now States. Eleven of the old 
States have been for some time, and still remain, 
unrepresented in Congress. It is a common in- 
terest of all the States, as well those repre- 
Bented as those unrepresented, that the integrity 
ani harmony of the Union should be restored 



as completely as possible, so that all thoee who 
are expected to bear the burdens of the Federal 
Government shall be consulted concerning the 
admission of new States; and that in the mean 
time no new State sliall be prematurely and un- 
necessarily admitted to a participation in the 
political power which the Federal Government 
wields, not for the benefit of any individual 
State or section, but for the common safety, 
welfare, and happiness of the whole country. 
Andeeav Johnson. 
Washington, D. C, May 15, 1S66. 

Copy of the BiU. 

An Act for the admission of the State of Colo- 
rado into the Union. 

Whereas, on the twenty-first day of March, 
anno Domini eighteen hundred and sixty-four, 
Congress passed an act to enable the people of 
Colorado to form a constitution and State gov- 
ernment, and offered to admit said State, when 
so formed, into the Union upon compliance with 
certain conditions therein specified; and whereas 
it appears by a message of the President of the 
United States, dated January twelve, eighteen 
hundred and sixty-six, that the said people have 
adopted a constitution, which upon due exami- 
nation is found to conform to the provisions and 
comply with the conditions of said act, and to 
be republican in its form of government, and 
that they now ask for admission into the Union : 

Beit enacted, &c.. That the constitution and 
State government which the people of Colorado 
have formed for themselves be, and the same is 
hereby, ratified, accepted, and confirmed, and that 
the said State of Colorado shall be, and is hereby, 
declared to be one of the United States of Amer- 
ica, and is hereby admitted into the Union upon 
an equal footing with the original States, in all 
respects whatsoever. 

Sec. 2. And he it further enacted, That the 
said State of Colorado shall be, and is hereby, 
declared to be entitled to all the rights, privi- 
leges, grants, and immunities, and to be subject 
to all the conditions and restrictions, of an act 
entitled "An act to enable the people of Colo- 
rado to form a constitution and a State govern- 
ment, and for the admission of such State into 
the Union on an equal footing with the original 
States," approved March twenty-first, eighteen 
hundred and sixty-four. 

The votes on this bill were : 
In Senate. 

March 13 — The bill was rejected — yeas 14, 
nays 21, as follow: 

Yeas — Messrs. Chandler, Cragin, Kiikwood, Lane of In- 
diana, Lane of Kansas, AlcDour/all, Ntsmith, Norton, Pom- 
eroy, Ramsey, Sliernian, Stewart, Trumbull, Williams — 14. 

N.4YS — Messrs. liiicUcdew. Conuess, Creswdl, Davx. Ooo- 
little, Fe3.sendcn, Foster, Grimes, Gutlirie,\\M\\s. llfndricks, 
Morpan, Merrill, Poland, iJt'drfZe, Spraguo, .SYot7,<o«, Sum- 
niT, Van Winkle, Wade, Wilson— 21. 

Mr. Wilson entered a motion to reconsider the 
vote. 

April 25 — The Senate voted to reconsider ; 
yeas 19, nays 13. (Same as below.) 

Tlie bill was then passed — yeas 19, nays 13, 
as follow : 

Ykas — Messrs. Cbandler, Clark, Conness, Cragir, Crea- 
well, Howard, Ilowe, Kirkwood, Lane of Indiana, Nye, 
Ponierov, Ramsey, Sherman, Sprague, Stewart, Trumbnll, 
Van Wiiikle, Wil'ley, Wilsou— 19. 



VOTES AXD VETOES. 



83 



IJays — Messrs. Buckalew,, Davis, DooUttle, EdmunJs, 
Poitei', Grimes, Guthrie, Hendricks, McDnugall, Morgan, 
Poland, Kiddle, Sumner — 13. 

In House. 
May 3— The bill was passed — yeas 81, nays 
67, as follow : 

Teas^ — Messrs. Ames, Anderson, Deles R. Ashley, James 
M. Ashley, Baker, Banks, Barker, Beaman, Benjamin, Bid- 
well, Bingham, Blow, Brandegee, Broniwcll. Bnckliind, 
Eundy. Reader W. Clarke, Sidney Clarke, Cobb. Conkling 
Culliim, Delrces, Deming, Dixon, Dodge, Donnelly, Diiig.s, 
Bumont, Eckloy, Farqnhar, Kerry, GarfieUI, Griniiell, Abner 
C. Harding, Ilart, Henderson, Holmes, Ilotchkiss, Asahel 
W. Hubbard, Chester D. Hubbard, James U. Hubbfll, In 
gersoll, Jenckes, Kasson, Kelso, Ketchiun, Lafliu. Latiiam, 
George V. Lawrence, William Lawrence, Loan, Longyear, 
Marston, McClnrg. McKee, Mercur, Miller, Moorliead, 
Moulton, Myers, O'Neill, Orth, Patterson, Plants, Ale.xaudcr 
H Rice, Rollins, Sawyer, Schenck, Shellabarger, Smith, 
Spalding, Francis Thomas, Trowbridge, Upson. Van Aernam, 
Burt Van Horn, Robert T. Van Ho. n, Warner. Welker, 
Whaley, Williams— 81. 

Nays — Messrs. Allison, Alley, Ancnna, Baxter, Bergen, 
Blaine, Boutwell, Bnyer, Broomall, Ch'inler, Coffroth, Dar- 
ling, Dawson^ De^iison, Eldridge, Eliot, Finck. Glnsshrenner, 
Ovider, Griswold, Aaron Harding. Harris, Higby, J;uaes 
Humphrey, Julian, Kelley, Knykeudall, Le Blond, Lynch, 
Marshall, McCullough, McRuer, Morrill, Morris, Newell, 
JVihlack, Paine, Perhani, Pike, Raymorid, John H. llicc, 
Ritter, Moss, Roxissean, Shanklin,Stev(TiS, Stilwell, Sfrntise, 
Taylor, Thornton, Ellihu B. Washburne, Henry D. Wash- 
liurn, James F. Wilson, Windom, Wiiifi.dd, Woodbridgi^ 
Wright— 57. 

Up to the time this page is put to press, no 
vote has been taken on the re-passage of the 
vetoed bill. When t.aken, it will be inserted in 
a subsequent page. 



Message Respecting the Proposed Constitutional 
Amendment on Representation, &c., June 22, 
1866. 

To the Senate and House of Representatives : 

I submit to Congress a report of the Secretary 
ci State, to whom was referred the concurrent 
resolution of the 18th instant,* respecting a 
submission to the legislatures of the States of 
an additional article to the Constitution of the 
United States. 

It will be seen from this report that the Sec- 
retary of State had, on the 16th instant, trans- 
mitted to the Governors of the several States 
certified copies of the joint resolution passed on 
the 13th instant, proposing an amendment to 
the Constitution. 

Even in ordinary times any question of 
amending the Constitution must be justly re- 
garded as of paramount importance. This im- 
j3ortance is at the present time enhanced by the 
fact that the joint resolution was not submitted 
by the two Houses for the approval of the Presi- 
dent, and that of the thirty-six States which 
constitute the Union eleven are excluded from 
representation in either House of Congress, 
although, with the single exception of Texasj 
they have been entirely restored to all their 
functions as States, in conformity with the or- 
ganic law of the land, and have appeared at the 
national capital by Senators and Representa- 
tives, who have applied for and have been re- 
fused admission to the vacant seats. 



* This resolution passed the House under a suspension of 
the rules, which was agreed to, yeas 92, nays 25, (the latter 
all Democrats.) by a vote of yeas 87, nays 20, on a count by 
tellers. It passed the Senate same day without a division ; 
and is a copy of a concurrent resolution passed in 1864. 
requesting President Lincoln to submit the anti-slavery 
amendment, changed only aa to the phraseology descrip- 
tive of the anj'^ndmont. I 



Nor have the sovereign people of the nation 
been afforded an opportunity ol expressing their 
views upon the important questions which the 
amendment involves. Grave doubts therefore 
may naturally and justly arise as to whether 
the action of Congress is in harmony with the 
sentiments of the people, and whether State 
legislatures, elected without reference to such 
an issue, should be called upon by Congress to 
decide respecting the ratification of the proposed 
amendment. 

Waiving the question as to the constitutional 
validity of the proceedings of Congress upon 
the joint resolution proposing the amendment, 
or as to tlie merits of the article which it sub- 
mits through the executive department to the 
legislatures of the States, I deem it proper to 
observe that the steps taken by the Secretary of 
State, as detailed in the accompanying report, 
are to be considered as purely ministerial, and 
in no sense wliatever committing the Executive 
to an approval or a recommendation of the 
amendment to the State legislatures or to the 
people. On the contrary, a proper appreciation 
of the letter and spirit of the Constitution, as well 
as of the interests of national order, harmony, 
and union, and a due deference for an enlight- 
ened public judgment, may at this time well sug- 
gest a doubt whether any amendment to the 
Constitution ought to be proposed by Congress 
and pressed upon the legislatures of the several 
States for final decision until after the admis- 
sion of such loyal Senators and Representatives 
of the now unrepresented States as have been, 
or may hereafter be, chosen in conformity 
with the Constitution and laws of the United 
States. 

Andrew Johnson. 
Washington, D. C, June 22, 1866. 



To the President. 

The Secretary of State, to whom was referred 
the concurrent resolution of the two Houses of 
Congress of the 18th instant, in the following 
words : " That the President of the United States 
be requested to transmit forthwith to the execu- 
tives of the several States of the United States 
copies of the article of amendment proposed by 
Congress to the State legislatures to amend the 
Constitution of the United States, passed June 
13, 1866, respecting citizenship, the basis of rep- 
resentation, disqupJification for office, and valid- 
ity of the public debt of the United States, &c., 
to the end that the said States may proceed to 
act upon the said article of amendment, and that 
he request the executive of each State that may 
ratify said amendment to transmit to the Secre- 
tary of State a certified copy of such ratification," 
has the honor to submit the following report, 
namely : That on the 16th instant the Hon. 
Amasa Cobb, of the Committee of the House of 
Representatives on Enrolled Bills, brought to 
this Department and deposited therein an en- 
rolled resolution of the two Houses of Congress, 
which was thereupon received by the Secretary 
of State and deposited among tlie rolls of the 
Department, a copy of which is hexeiintn an- 



64 



POLITICAL MANrAL. 



nexed. Thereupon <.he Secretar}' of State, upon 
the 16th instar.t, m conformity with the pro- 
ceeding which WcvS adoptcMJ by 1iim in 18G5, in 
regard to the then proposed and afterwards 
adopted congressional amendment of the Consti- 
tution of the United States concerning the pro- 
hibition of slavery, transmitted certified cojaes 
of the annexed resolution to the Governors of 
the several States, together with a certificate and 
circular letter. A copy of both of these com- 
munications are hereunto annexed, 
Eespectfully submitted, 

William H. Seward. 
Depabtmehi of State, June 20, 1866. 



[Oirailar.] 

Department of State, June ItJ, 1866. 
To his Excellency , 

Governor of the State of 
Sir : I have the honor to transmit an atteste-l 
copy of a resolution of Congress, proposing tn 
the legislatures of the severarStates a fourteenth 
article to the Constitution of the Unitsd States. 
The decisions of the several legislatures upon the 
subject are required by law to be communicated 
to this Department. An acknowledgment of ths> 
receipt of this communication is requested by 
Your excellency's most obedient servant, 

William PI. Seward. 



VII. 



MAJORITY AND MINORITY REFURTS 



JOINT COMMITTEE ON RECONSTRUCTION. 



The Majority Beport. 

June 18, 1866 — Mr. Fessenden in the Senate, 
and Mr. Stevens in the House, submitted this 



The Joint Committee of the two Houses of Con- 
gress, appointed iindtr the concurrent resolution 
of December 13, 1865, with direction to " in- 
quire into the condition of the States which 
formed tJte so-called Confederate States of 
America, and report whether they or any of 
them are entitled to he represented in either 
House of Congress, with leave to report by bill 
or otherwise," ask leave to report: 

That they have attended to the duty assigned 
them as assiduously as other duties would per- 
mit, and now submit to Congress, as the result 
of their deliberations, a resolution proposing 
amendments to the Constitution, and two bills, 
of which they recommend the adoption. 

Before proceeding to set fortli in detail their 
reasons for the conclusion to which, after great 
deliberation, your committee have arrived, they 
beg leave to advert, briefly, to the ccurse of 
proceedings they found it necessary to adopt, 
and to explain the reasons therelbr. 

The resolution under which your committee 
was ap[iointed directed them to inquire into the 
condition of the Confederate States, and report 
whether they were entitled to representation in 
Congress. It is obvious that such an investiga- 
tion, covering so large an extent of territory and 
involving so many important considerations, 
must necessarily require no trifling labor, and 
consume a very considerable amount of time. 
It must embrace the uondiiion in wliioh those 



States were left at the close of the war ; the 
measures which have been taken towards the 
reorganization of civil government, and the dis- 
position of the people towards the United States ; 
in a word, their fitness to take an active part in 
the administration of national afi'airs. 

As to their condition at the close of the rebel- 
lion, the eviilence is open to all, and admits of 
no dispute. They were in a state of utter ex- 
haustion. Having protracted their struggle 
against federal authority until all hope of suc- 
cessful resistance had ceased, and laid down their 
arms only because there was no longer any 
power to use them, the people of those States 
were left bankrupt in their publico finances, and 
sliorn of the private wealth which had before 
given them power and influence. They were 
also necessarily in a state of complete anarchy, 
without governments and without the power to 
frame governments except by the permission of 
those who had been successful in the war. The 
President of the United States, in the proclama- 
tions under wliich he appointed provisional gov- 
ernors, and in his various communications to 
them, has, in exact terms, recognized the fact 
that the people of those States were, when the 
rebellion was cruslied, " deprived of all civil 
government," and must proceed to organize 
anew. In his conversation with Mr. Stearns, of 
Massachusetts, certified by himself. President 
Jolinson said " the State institutions are pros- 
trated, laid out on the ground, and they must be 
taken up and adapted to the progress of events." 
Finding the Soutliern States in this condition, 
and Congress iiaving failed to provide for the 
contingency, his duty was obvious. As Presi- 
dent of the United States he had no power^ ox- 



REPORTS ON RECONSTRUCTION". 



85 



cept to execute the laws of the land as Chief 
Magistrate. These laws gave him no authority 
over the subject of reorganization; but by the 
Constitution he was commander-in-chief of the 
army and navy of the United States. These 
Confederate States embraced a portion of tho 
people of the Union who had been in a state of 
revolt, but had been reduced to obedience by 
force of arms. They were in an abnormal cOil^- 
dition, without civil government, without coxn- 
mercial connections, without national or inter- 
aational relations, and subject only to martial 
law. By withdrawing their representativea in 
Congress, by renouncing the privilege of repre- 
sentation, by organizing a separate government, 
and by levying war against the United States, 
they destroyed their State constitutions in res- 
pect to the vital principle which connected their 
respective States with the Union and secured 
their federal relations ; and nothing of those 
constitutions was left of which the United States 
were bound to take notice. For four years they 
had a de facto government, but it was usurped 
and illegal. They chose the tribunal of arms 
wherein to decide whether or not it should be 
legalized, and they were defeated. At the close 
of the rebellion, therefore, the people of the re- 
bellious States were found, as the President ex- 
presses it, "deprived of all civil government." 

Under this state of affairs it was plainly the 
duty of the President to enforce existing national 
laws, and to establish, as far as he could, such a 
system of government as might be provided for 
by existing national statutes. As commander- 
in-chief of a victorious army, it was his duty, 
under the law of nations and the army regula- 
tions, to restore order, to preserve property, and 
to protect the people against violence from any 
quarter until provision should be made by law 
for their government. lie might, as President, 
assemble Congress and submit the whole matter 
to the law-making power ; or he might continue 
military supervision and control until Congress 
should assemble on its regular appointed day. 
Selecting the latter alternative, he proceeded, by 
virtue of nis power as commander-in-chief, to 
appoint provisional governors over the revolted 
States. These were regularly commissioned, and 
their compensation was paid, as the Secretary of 
War states, " from the appropriation for army 
contingencies, because the duties performed by 
the parties were regarded as of a temporary 
character; ancillary to the withdrawal of mili- 
tary force, the disbandment of armies, and the 
reduction of militaiy expenditure ; by provis- 
ional organizations for the protection of civil 
righta, the preservation of peace, and to take 
the place of armed force in the respective States." 
It cannot, we think, be contended that these 
governors possessed, or could exercise, any but 
military authority. They had no power to or- 
ganize civil governments, nor to exercise any 
authority except that which inhered in their 
own persons under their commissions. Neither 
had the President, as commander-in-chief, any 
other than military power. But he was in ex- 
clusive possession of the military authority. It 
was for him to decide how far he would exercise 
it, how far he would relax it, when and on what 
ierms he would withdraw it. He might prop- 



erly permit the people to assemble, and to initi- 
ate local governments, and to execute such local 
laws as they might choose to frame not incon- 
sistent with, nor in opposition to, the laws of 
the United States. And, if satisfied that they 
mi>i;hi safely be left to themselves, he might 
withdraw the military forces altogether, and 
lea\'« the people of any or all of these States to 
govern themselves without his interference. In 
the language of the Secretary of State, in his 
telegram to the provisional governor of Georgia, 
dated October 28, 1865, he might " recognize the 
people of any State as h.aviug resumed the rela- 
tions of loyalty to the Union," and act in his 
military capacity on this hypothesis. All this 
was within his ovv^n discretion, as military com- 
mander. But it was not for him to decide upon 
the natuie or effect of any system of government 
which the people of these States miglit see fit to 
adopt. This power is lodged by the Constitution 
in the Congress of the United States, that branch 
of the government in which is vested the au- 
thority to fix the political relations of the States 
to the Union, whose duty is to guarantee to 
each State a republican form of government, and 
to protect each and all of them against foreign 
or domestic violence, and against each other. We 
cannot, therefore, regard the various acts of the 
President in relation to the formation of local 
governments in the insurrectionary States, and 
the conditions imposed by him upon their action, 
in any other light than as intimations to tho 
people that, as commander-in-chief of the army, 
he would consent to withdraw military rule 
just in proportion as they should, by their acts, 
manifest a disposition to preserve order among 
themselves, establish governments denoting loy- 
alty to the Union, and exhibit a settled determina- 
tion to return to their allegiance, leaving with the 
law-making power to fix the terms of their final 
restoration to all their rights and privileges as 
States of the Union. That this was the view of 
his power taken by the President is evident from 
expressions to that effect in the communications 
of the Secretary of State to the various provis- 
ional governors, and the repeated declarations of 
the President himself, Any other supposition 
inconsistent with this would impute to the Presi- 
dent designs of encroachment upon a co-ordinate 
branch of the government, wliich should not be 
lightly attributed to the Chief Magistrate of the 
nation. 

When Congress assembled in December last 
the people of most of the States lately in rebel- 
lion had, under the advice of the President, or- 
ganized local governments, and some of them 
had acceded to the terms proposed by him. In 
his annual message he stated, in general terms, 
what had been done, but he did not see fit to 
communicate the details for the information of 
Congress. While in this and m a subsequent 
message the President urged the speedy restora- 
tion of these States, and expressed the opinion 
that their condition was such as to justify their 
restoration, yet it is quite obvious that Con- 
gress must either have acted blindly on that 
opinion of the President, or proceeded to obtain 
the information requisite for intelligent action 
on the subject. The impropriety of proceeding 
wholly on the judgment of any one man, how- 



86 



POLITICAL MANUAL. 



ever ei&lted his station, in a matter involving 
the -velfare of the republic in all future time, or 
of a. opting any plan, coming from any source, 
without fully understanding all its bearings and 
comprehending its full effect, was apparent. The 
first step, therefore, was to obtain the required 
information. A call was accordingly made on 
the President for the inlbrmation in his posses- 
sion as to what had been done, in order that 
Congress might judge for itself as to the grounds 
of the belief expressed b^- him in the fitness of 
States recently in rebellion to participate fully 
in the conduct of national affairs. Thisinforma- 
tion was not immediately communicated. When 
the response was finally made, soma six weeks 
after your committee had been in actual session, 
it was found that the evidence upon which the 
President seemed to have based his suggestions 
was incomplete and unsatisfactory. Authenti- 
cated copies of the new constitutions and ordi- 
nances adopted by the conventions in three of 
the States had been submitted, extracts from 
newspapers lurnished scanty information as to 
the action of one otlier State, and nothing ap- 
pears to have been communicated as to the re- 
mainder. There was no evidence of the loyalty 
of those who had participated in these conven- 
tions, and in one State alone was any proposi- 
tion made to submit the action of the conven- 
tions to the final judgment of the people. 

Failing to obtain the desired information, and 
left to grope for light wherever it might be found, 
your committee did not deem it either advisable 
or safe to adopt, without further examination, 
the suggestions of the President, more especially 
as he had not deemed it expedient to remove the 
military force, to suspend martial law, or to re- 
store the writ of habeas corpus, but still thought 
it necessary to exercise over the people of the 
rebellious States his military power and juris- 
diction. This conclusion derived still greater 
force from the fact, undisjiuted, that in all these 
States, except Tennessee and perhaps Arkant,as, 
the elections which were held for State officers 
and members of Congress had resulted, almost 
universally, in the defeat of candidates who had 
been true to the Union, and in the election oj 
notorious and unpardoned rebels, men who could 
not take the prescribed oath of office, and who 
made no secret of their hostility to the Govern- 
ment and the people of the United States. Un- 
der these circumstances, anything like hasty ac- 
tion would have been as dangerous as it was 
obviously unwise. It appeared to your com- 
mittee that but one course remained, viz : to in- 
ve-stigate carel'ully and thoroughly the state of 
feeling and opinion existing among the people 
of these States; to ascertain how far their pre- 
tended loyally could be relied upon, and thence 
to infer whether it would be safe to admit them 
at once to a fuU ]iarticipation in the Govern- 
ment they had fought for four years to destroy. 
It was an equally important inquiry whether 
their restoration to tlieir former relations with 
the United States shonld only be granted upon 
certain conditions and guarantees which would 
effectually secure the nation against a recur- 
rence of evils so disastrous as those from which 
it had escaped at so enormous a sacrifice. 

To obtain the necessary information recourse 



could only be had to the examination of wit- 
nesses whose position had given them the best 
means of forming an accurate judgment, who 
could state facts from their own observation, and 
whose character and standing afi'orded the best 
evidence of their truthfulness and impartiality. 
A work like this, covering so large an extent oi 
territory, and embracing such complicated and 
extensive inquiries, necessarily required much 
time and labor. To shorten the time as much 
as possible, the work was divided and placed in 
the hands of four sub-committees, who have 
been diligently employed in its accomplishment. 
The results of their labors have been heretofore 
submitted, and the country will judge how far 
they sustain the President's views, and how far 
they justify the conclusions to which your com- 
mittee have finally arrived. 

A claim for the immediate admission of Sena- 
tors and Representatives from the so-called Con- 
federate States has been urged, which seems to 
your committee not to be founded either in rea- 
son or in law, and which cannot be passed with- 
out comment. Stated in a few words, it amounts 
to this: That inasmuch as the lately insurgent 
States had no legal right to separate themselves 
from the Union, they still retain their positions 
as States, and consequently the people thereof 
have a right to immediate representation in Con- 
gress without the imposition of any conditions 
whatever ; and further, that until such admis- 
sion Congress has no right to tax them for the 
support of the Government. It has even been 
contended that until such admission all legisla- 
tion affecting their interests is, if not unconsti- 
tutional, at least unjustifiable and oppressive. 

It is believed by your committee that all these 
propositions are not only wholly untenable, but, 
if admitted, would tend to the destruction of the 
Government. 

It must not be forgotten that the people of these 
States, without justification or excuse, rose in in- 
surrection against tlie United States. They delib- 
erately abolished their State goverernments so 
far as the same connected them politicall}' with 
the Union as members thereof under the Consti- 
tution. They deliberately renounced their alle- 
giance to the Federal Government, and pro- 
ceeded to establish an independent government 
for themselves. In the prosecution of thisenter- 
pn'ise they seized the national forts, arsenals, dock- 
yards, and other public property within their 
borders, drove out from among them tliose who 
remained true to the Union, and heaped every 
imaginable insult and injuiy upon the United 
States and its citizens. Finally they opened hos- 
tilities, and levied war against the Government. 

They continued this war for four years with 
the most determined and malignant spiric, killing 
in battle and otherwise large numbers of loj'al 
people, destroving the property of loyal citizens 
on the sea and on the land, and entailing on the 
Government an enormous debt, incurred to sus- 
tain its rightful authority. Whether legally and 
constitutionally or not, they did, in fact, with- 
draw from the Union and made themselves sub- 
jects of another government of their own creation. 
And tliey only yielded when, after a lon^, bloody, 
and wasting war, they were compelled by utter 
exhaustion to lay down their arms; and thia 



REPORTS ON RECONSTRUCTION. 



87 



tliey did not willingly, but declaring that they 
yielded because they could no longer resist, aflbrd- 
ing no evidence whatever of repentance for their 
crime, and expressing no regret, except that they 
had no longer the power to continue the despe- 
rate struggle. 

It cannot, we think, be denied by any one, 
having a tolerable acquaintance with public law, 
that the war thus waged was a civil war of the 
greatest magnitude. The people waging it were 
necessarily subject to all the rules which, by the 
law of nations, control a contest of that charac- 
ter, and to all the legitimate consequences follow- 
ing it. One of those consequences was that, within 
the limits prescribed by humanity, the conquered 
rebels were at the mercy of the conquerors. That 
a government thus outraged had a most perfect 
right to exact indemnity for the injuries done 
and security against the recurrence of such out- 
rages in the future would seem too clear for dis- 
pute. What the nature of that securitj' should 
be, what proof should be required of a return to 
allegiance, what time should elapse before a peo- 
ple thus demoralized should be restored in full 
to the enjoymentof political rights and privileges, 
are questions for the law-making power to decide, 
and that decision must depend on grave consid- 
erations of the public safety and the general 
welfare. 

It is moreover contended, and with apparent 
gravity, that, from the peculiar nature and 
character of our Government, no such right on 
the part of the conqueror can exist ; that from 
the moment when rebellion lays down its arms 
and actual hostilities cease, all political rights 
of rebellious communities are at once restored ; 
that, because the people of a State of the Union 
were once an organized community within the 
Union, they necessarih'' so remain, and tlieir 
right to be represented in Congress at any and all 
times, and to participate in the government of 
the country under all circumstances, admits of 
neither question nor dispute. If this is indeed 
true, then is the Government of the United 
States powerless for its own protection, and 
flagrant rebellion, carried to the extreme of 
civil war, is a pastime which any State may 
play at, not only certain that it can lose noth- 
ing in any event, but may even be the gainer by 
defeat. If rebellion succeeds, it accomplishes 
its purpose and destroys the Government. If it' 
fails, the war has been barren of results, and 
the battle may be still fought out in the legis- 
lative halls of the country. Treason, defeated 
in the field, has only to take possession of Con- 
gress and the cabinet. 

Your committee does not deem it either neces- 
sary or proper to discuss the question whether 
the late Confederate States are still States of 
this Union, or can even be otherwise. Grant- 
ing this profitless abstraction, about which so 
many words have been wasted, it by no means 
follows that the people of those States may not 
place themselves in a condition to abrogate the 
powers and privileges incident to a State of the 
Union, and deprive themselves of all pretence of 
right to exercise those powers and enjoy those 
privileges. A Stats within the Union has obli- 
gations to discharge as a member of the Union. 
It must submit to federal laws and uphold fed- 



eral authority. It must httve a government 
republican in form, under and by which it is 
connected with the General Government, and 
through which it can discharge its obligations. 
It is more than idle, it is a mockery, to contend 
that a people who have thrown off their alle- 
giance, destroyed the local government which 
bound their States to the Union as members 
thereof, defied its authority, refused to execute 
its laws, and abrogated every provision which 
gave them political rights within the Union, 
still retain, through all, the perfect and entire 
ri^ht to resume, at their own will and pleasure, 
all their privileges within the Union, and espe- 
cially to participate in its government, and to 
control the conduct of its affairs. To admit 
such a principle for one moment would be to 
declare that treason is always master and loy- 
alty a blunder. Such a principle is void by its 
very nature and essence, because inconsistent 
with the theory of government, and fatal lo -ts 
very existence. 

On the contrary, we assert that no portion of 
the people of this country, whether in State or 
Territory, have the right, while remaining on it? 
soil, to withdraw from or reject the authority of 
the United States. They must obey its laws aa 
paramount, and acknowledge its jurisdiction. 
They have no right to secede ; and while they 
can destroy their State governments, and placfl 
themselves beyond the pale of the Union, so far 
as tlie exercise of State privileges is concerned, 
they cannot escape the obligations imposed upon 
them by the Constitution and the laws, nor im- 
pair the exercise of national authority. The Con- 
stitution, it will be observed, does not act upon 
States, as such, but upon the people ; while, 
therefore, the people cannot escape its authority, 
the States may, through the act of their people, 
cease to exist in an organized form, and thus 
dissolve their political relations with the United 
States. 

That taxation should be only with the consent 
of the taxed, through their own representatives, 
is a cardinal principle of all free governments ; 
but it is not true that taxation and representa- 
tion must go together under all circumstances, 
and at every moment of time. The people of the 
District of Columbia and of the Territories are 
taxed, although not represented in Congress. If 
it is true that the people of the so-called Confed- 
rate States had no right to throw off the au- 
thority of the United States, it is equally true 
that they are bound at all times to share the 
burdens of government. They cannot, either le- 
gally or equitably, refuse to bear their just pro- 
portion of these burdens by voluntarily abdi- 
cating their rights and privileges as States of 
the Union, and refusing to be represented in the 
councils of the nation, much less by rebellion 
against national authority and levying war. 
To hold that by so doing they could escape tax- 
ation would be to offer a premium for insurrec- 
tion, to reward instead of punisliing for treason. 
To hold that as soon as government is restored 
to its full authority it can be allowed no time to 
secure itself against similar wrongs in the fu- 
ture, or else omit the ordinary exercise of its 
constitutional power to compel equal contribu- 
tion from all towards the expenses of g'^vera- 



8^' 



POLITICAL MANUAL. 



ment, would be unreasonable in itself and 
unjust to the nation. It issuflScienttoreply that 
the loss of representation by the pooplij of tlie 
insurrectionary iStates was their own voluntary 
choice. They miglit abandon their privileges, 
but they could not escape their obligations ; 
and surely they have no right to complain 
if, before resuming those privileges, and while tlie 
people of the United States are devising measures 
for the public safety, rendered necessary by 
the act of those who thus disiranchised them- 
selves, they are compelled to contribute their 
just proportion of the general burden of taxa- 
tion incurred by their wickedness and folly. 

Equally absurd is the pretense that the legis- 
lative authority of the nation must be inopera- 
tive so far as they are concerned, while they, by 
their own act, have lost the riglit to take part 
in it. Such a proposition carries its own refu- 
tation on its face. 

While thus exposing fallacies which, as your 
committee believe, are resorted to for the purpose 
of misleading the people and distracting their at- 
tention from the questions at issue, we freely 
admit that such a condition of things should be 
brought, if possible, to a speedy termination. 
It is most desirable that the Union of all the 
States should become perfect at the earliest mo- 
ment consistent with the peace and welfare of 
the nation ; that all these States should become 
fully represented iu the national councils, and 
take their share in the legislation of the coun- 
try. The possession and exercise of more than 
its just share of power by any section is inju- 
rious, as well to that section as to all others. Its 
tendency is distracting and demoralizing, and 
such a state of aflairs is only to be tolerated on 
the ground of a necessary regard to the public 
Eafety. As soon as that safety is secured it 
should terminate. 

Your committee came to the consideration of 
the subject referred to them with the most 
anxious desire to ascertain what was the condi- 
tio.i of the people of the States recently in in- 
surrection, and what, if anything, was necessary 
to be done before restoring them to the full en- 
joy.Tient of all their original privileges. It was 
undeniable that the war irito wliich they had 
plunged the country had materially cnanged 
their relations to the people of the loyal States. 
Slavery had been abolished by constitutional 
amendment. A large proportion of the popu- 
latioi had become, instead of mere chattels, 
free men and citizens. Through all the past 
etruggle tliese had remained true and loyal, and 
bad, in large numbers, fouglit on the side of the 
Union. It was impossible to abandon them 
without securing them their rights as free men 
and citizens. The whole civilized world would 
have cried out against such base ingratitude, 
and the bare idea is offensive to all right-think- 
ing men. Hence it became important to inquire 
what could be done to secure their rights, civil 
and political. It was evident to your committee 
that adequate security could only be found in 
appropriate constitutional provisions. By an 
original jirovision of the Constitution, represen- 
tation is based on the whole number of free 
persons in each State, and three-fifths of all 
other perBous. Wh^n all become free, represen- 



tation for all necessarily follows. As a conse- 
quence the inevitable efl'ect of the rebellion 
would be to increase the political power of the 
insurrectionary States, whenever they should 
be allowed to resume tlieir positions as States of 
the Union. As representation is by the Consti- 
tution based upon population, your committee 
did not think it advisable to recommend a 
change of that basis. The increase of re[iresen- 
tation necessarily resulting from the abolition 
of slavery was considered the most important 
element in the questions arising out of the 
changed condition of affairs, and the necessity 
for some fundamental action in this regard 
seemed imperative. It appeared to your com- 
mittee that the rights of these persons by whom 
the basis of representation had been thus in- 
creased should be recognized by the General 
Government. While slaves, they were not con- 
sidered as iiaving any riglits, civil or j>olitical. 
It did not seem just or proper that all tne politi- 
cal advantages derived from their becoming free 
should be confined to their former masters, who 
had fought against the Union, and withheld 
from themselves, who had always been loyal. 
Slavery, by building up a ruling and dominant 
class, had produced a spirit of oligarchy adverse 
to republican institutions, which finally inaugu- 
rated civil war. The tendency of continuing 
the domination of such a class, by leaving it in 
the exclusive possession of political power, would 
be to encourage the same spirit, and lead to a 
similar result. Doubts were entertained whether 
Congress had power, even under the amended 
Constitution, to prescribe the qualifications of 
voters in a State, or could act directly on the 
subject. It was doubtful, in the opinion of your 
committee, whether the States would consent to 
surrender a power they had always exercised, 
and to which they were attached. As the best, 
if not the only, method of surmounting the diffi- 
culty, and as eminently just and proper in itself, 
your committee came to the conclusion that po- 
litical power should be possessed in all the States 
exactly in proportion as the right of sufi'rage 
should be granted, witlioul distinction of color 
or race. This it was thought would leave the 
whole question with tlie people of each State, 
holding out to all tlie advantage of increased 
])olitical power as an inducement to allow all to 
participate in its exercise. Such a provision 
would be in its nature gentle and persuasive, 
and would lead, it was hoped, at no distant day, 
to an equal participation of all, without distinc- 
tion, in all the rights and privileges of citizen- 
ship, thus affording a full and adequate protec- 
tion to all classes of citizens, since all would 
have, through the ballot-box, the power of self- 
protection. 

Holding these views, your committee prepared 
an amendment to the Constitution to carry out 
this idea, and submitted the same to Congress. 
I'nfortunatel}', as wo think, it did not receive 
the necessary constitutional support in the Sen- 
ate, and tlierefore could not oe proposed for 
adoption by the States. The principle involved 
in ttiat amendment is, however, believed to be 
sound, and your committee have again proposed 
it in anotber form, hoping that it may roceivo 
the approbation of Congress. 



REPORTS ON RECONSTRUC'lION. 



89 



Your committee have been unable to find, in 
the evidence submitted to Congress by the Presi- 
dent, under date of March 6, 1866, in coiujdiance 
with the resolutions of Januarj' 5 and February 
27, 1866, any satisfactory proof that either of 
the insurrectionary States, except, perhaps, the 
Si-ate of Tennessee, has placed itself in a condi- 
tion to resume its political relatione^ to the 
Union. The first step towards that end would 
necessarily be the establishment of a republican 
form of government by the people. It has been 
before remarked that the provisional governors, 
appointed by the President in the exercise of his 
military authority, could do nothing by virtue 
of the power thus conferred towards the estab- 
lisliment of a State government. They were 
acting under the War Department and paid out 
of its funds. They were simply bridging over 
the chasm between rebellion and restoration. 
And yet we find them calling conventions and 
convening legislatures. Kot only this, but we 
find the conventions and legislatures thus con- 
vened acting under executive direction as to the 
provisions required to be adopted in their con- 
stitutions and ordinances as conditions precedent 
to their recognition by the President. The in- 
ducement held out by the President for com- 
pliance with the conditions imposed was, directly 
m one instance, and presumably, therefore, in 
others, the immediate admission ot Senators and 
Kepresentatives to Congress. The character of 
the conventions and legislatures thus assembled 
was not such as to inspire confidence in the good 
faith of their members. Governor Perry, of 
South Carolina, dissolved the convention assem- 
bled in that State before the suggestion had 
reached Columbia from Washington that the 
rebel war debt should be repudiated, and gave 
as his reason that it was a " revolutionary body." 
There is no evidence of the loyalty or disloyalty 
of the members of those conventions and "legis- 
latures except the fact of pardons being asked 
for on their account. Some of these States now 
claiming representation refused to adopt the 
conditions imposed. No reliable information is 
found in these paper's as to the constitutional 
previsions of several of these States, while in 
not one of them is there the slightest evidence 
to sliow that these "amended constitutions," as 
they are called, have ever been submitted to the 
people for their adoption. In North Carolina 
alone an ordinance was passed to that effect, but 
it does not appear to have been acted on. Not one 
of them, therefore, has been ratified. Whether, 
with President Johnson, we adopt the theory 
that the old conetitutions were abrogated and 
destroyed, and the people " deprived of all civil 
government," or wliether we adopt the alterna- 
tive doctrine that tliey were only suspended and 
were revived by the suppression of the rebel- 
lion, the new provisions must be considered as 
equally destitute of validity before adoption by 
tlie people. If the conventions were called for the 
sole jiurpose of putting the State government into 
operation, they had no power either to adopt a 
new constitution or to amend an old one with- 
out tlie consent of the people. Nor could either 
a convention or a legislature change the funda- 
mental law without power previously conferred. 
Ill the view of your committee, it follows, there- 



fore, that the people of a State where the con- 
stitutioft has been thus amended might feelthem- 
selvesjustified in repudiating altogether all such 
unauthorized assiynptions of power, and might 
be expected to do so at pleasure. 

So far as the disposition of the people of the 
insurrectionary States, and the ]irobability of 
their adopting measures conforming to the 
changed condition of aifairs, can be inferred 
from the papers submitted by the President as 
the basis of his action, the prospects are far from 
encouraging. It appears quite clear that the 
anti-slavery amendments, both to the State and 
Federal Constitutions, were adopted with reluc- 
tance by the bodies which did adopt them, while 
in some States they have been either passed by 
in silence or rejected. The language of all tne 
provisions and ordinances of these States on the 
subject amounts to nothing more than an un- 
willing admission of an unwelcome truth. As 
to the ordinance of secession, it is, in some cases, 
declared " null and void," and in others simply 
"repealed;" and in no instance is a refutation 
of this deadlj heresj' considered worthy of a ■ 
place in the new constitution. 

If, as the President assumes, these insurrec- 
tionary States were, at the close of the war, 
wholly without State governments, it would seem 
that, before being admitted to participation in 
the direction of public affairs, such governments 
should be regularly organized. Long usage 
has established, and numerous statutes have 
pointed out, the mode in which this should be 
done. A convention to frame a form of govern- 
ment should be assembled under competent au- 
thority. Ordinarily, this authority emanates 
from Congress ; but, under the peculiar circum- 
stances, your committee is not disposed to criti- 
cise the President's action in assuming the power 
exercised bj- him in this regard. The convention, 
when assembled, should frame a constitution of 
government, which should be submitted to the 
people for adoption. If adopted, a legislature 
should be convened to pass the laws necessary 
to carry it into effect. When a Slate thus or- 
ganized claims representation in Congress, the 
election of representatives should be provided- 
for by law, in accordance with the laws of Con- 
gress regulating representation, and the proof 
that the action taken has been in conformity tC 
law should be submitted to Congress. 

In no case have these essential preliminary 
steps been taken. The conventions assembled 
seem to have assumed that the constitutions 
which had been repudiated and overthrown were 
still in existence, and operative to constitute 
the States members of the Union, and to have 
contented themselves with such amendments as 
they were intormed were requisite in order to 
insure their return to an immediate participation 
in the Government of the United States. Nol 
waiting to ascertain whether the people they 
represented would adopt even the proposed 
amendments, they at once ordered elections of 
representatives to Congress, in nearly all in- 
stances before an executive hnd 'uecn chosen to 
issue writs of election under the State laws, and 
such elections as were held were ordered by the 
conventions. In one instance, at least, the writa 
of election were signed by the provisional gov- 



90 



POLITICAL MANUAL. 



ernor. Glaring irrogiilarities and unwarranted 
assumptions ot' power are manifest in several 
cases, particularly in Sonth Carolina, where the 
convention, altliongli disbanded by the pro- 
visional governor on the ground that it was a 
-evolutionary body, assumed to redistrict the 
State. 

It is quite evident from all these facts, and 
indeed IVom the wliole mass of testimony sub- 
mitted by the President to ihe Senate, that in 
no instance was regard paid to any other con- 
sideration than obtaining immediate admission 
to Congress, under the barren form of an election 
in which no precautions were taken to secure 
regularity of proceedings or the assent of \he 
people. No constitution has been legally adopted 
except, perhaps, in the State of Tennessee, and 
such elections as have been held were without 
authority of law. Your committee are accord- 
ingly forced to the conclusion that the States 
referred to have not placed themselves in a con- 
dition to claim representation in Congress, unless 
all the rules which have, since the foundation 
of the Government, been deemed essential in 
such cases should be disregarded. 

It would undoubtedly be competent for Con- 
gress to waive all formalities and to admit these 
Confederate States to representation at once, 
trusting that time and experience would set all 
things right. Whether it would be advisable to 
do so, however, must depend upon other con- 
siderations of which it remains to treat. But it 
may well be observed, that the inducements to 
such a step should be of the very highest char- 
acter. It seems to your committee not unreason- 
able to require satisfactory evidence that the 
ordinances and constitutional provisions which 
the President deemed essential in the first in- 
stance will be permanently adhered to by the 
people of tlie States seeking restoration, after 
being admitted to full participation in the 
government, and will not be repudiated when 
that object shall have been accomplished. And 
here the burden of proof rests upon the late 
insurgents who are seeking restoration to the 
rights and privileges which they willingly aban- 
doned, and not upon the people of the United 
States who have never undertaken, directly or 
indirectly, to deprive them thereof. It should 
appear affirmatively that they are prepared and 
disposed in good faith to accept the results of 
the war, to abandon their hostility to the Gov- 
ernment, and to live in peace and amity with 
the peo[ile of the loyal States, extending to all 
classes of citizens equal rights and privileges, 
and conforming to the republican idea of liberty 
and equality. They should exhibit in their acts 
something more than an unwilling submission 
to an unavoidable necessity — a feeling, if not 
cheerful, certainly not offensive and defiant. 
And they should evince an entire repudiation 
of all hostility to the General Government, by 
an acceptance of such just and reasonable con- 
ditions as that Government should think the 
public safety demands. Has this been done ? 
Let us look at the facts shown by the evidence 
taken by tlie committee. 

Hardly is the war closed before the people of 
these insurrectionary States come forward and 
Laugiitilj' Claim, as a right, the privilege of par- 



ticipating at once in that tjrovernment which 
they had for four years been fighting to over- 
throw. Allowed and encouraged by the Execu- 
tive to organize State governments, they at once 
placed in power leading rebels, unrepentant and 
unpardoned, excluding with contempt those who 
had manifested an attachment to the Union, and 
j)referring, in many instances, those who had 
rendered themselves the most obnoxious. In 
the face of the law requiring an oath w'lich 
would necessarily exclude all such men irom 
federal offices, they elect, with very few ex -ep- 
tions, as Senators and Ptepresentatives in ( on- 
gress men who had actively participated in the 
rebellion, insultingly denouncing the law as -in- 
constitutional. It is only necessary to instpQce 
the election to the Senate of the late vice pr-^si- 
dent of the Confederacy, a man who, against his 
own declared co^.victions, had lent all the weight 
of his acknowledged ability and of his influence 
as a most prominent public man to the cause of 
the rebellion, and who, unpardoned rebel as he 
is, with that oath staring him in the face, had 
the assurance to lay his credentials on the table 
of the Senate. Other rebels of scarcely less note 
or notoriety were selected from other quarters. 
Professing no repentance, glorying apparently 
in the crime they had committed, avowing still, 
as the uncontradicted testimony of Mr. Stephens 
and many others proves, an adherence to the 
pernicious doctrine of secession, and declaring 
that they yielded only to necessity, they insist, 
with unanimous voice, upon their rights as States, 
and proclaim that they will submit to no con- 
ditions whatever as preliminary to their re- 
sumption of power under that Constitution which 
they still claim the right to repudiate. 

Examining the evidence taken by your com- 
mittee still further, in connection with facts too 
notorious to be disputed, it appears that the 
southern press, with few exceptions, and those 
mostly of newspapers recently established Ijy 
northern men, abound with weekly and daily 
abuse of the institutions and people of the loyal 
States; defends the men who led, and the princi- 
ples which incited, the rebellion ; denounces and 
reviles southern men who adhered to the Union; 
and strives, constantly and unscrupulously, by 
every means in its power, to keep alive the fire 
of hate and discord between the sections ; calling 
upon the President to vi:late his oath of office, 
overturn the Government by force of arms, and 
drive the representatives of the people from their 
seats in Congress. The national banner is 
openly insulted, and the national airs scoffed at, 
not only by an ignorant populace, but at public 
meetings, and once, among other notable in- 
stances, at a dinner given in honor of a notorious 
rebel who had violated his oath and abandoned 
his flag. The same individual is elected to an 
important office in the leading city of his State, 
altliough an unpardoned rebel, and so offensive 
that tlie President refuses to allow him to enter 
upon his official duties. In another State tho 
leading general of the rebel arm.ies is openly 
nominated for governor by the speaker of the 
liouse of delegates, and the nomination is hailed 
by tlie people with shouts of satisfaction, and 
openly indorsed by the press. 

Looking still further at the evidence taken 



REPORTS OJT RECONSTRUCTION. 



91 



by your committcs, it is found to be clearly 
rinowu, by witnesses of the highest charactsr, 
And having the best means of observation, that 
the Freednien's Bureau, instituted for the relief 
and protection of freedmen and refugees, ia 
almost universally opposed by the mass of the 
population, and exists in an etBcient condition 
only under military protection, while the Union 
men of the South are earnest in its defence, 
declaring with one voice that without its pro- 
tection the colored people would not be permit- 
ted to labor at fair prices, and could hardly live 
in safety. They also testify that without the 
protection of United States troops Union men, 
whether of northern or southern origin, would 
be obliged to abandon their homes. The feeling 
in many portions of the country towards the 
emancipated slaves, especially among the uned- 
ucated and ignorant, is one of vindictive and 
malicious hatred. This deep-seated prejudice 
against color is assiduously cultivated by the 
public journals, and leads to acts of cruelty, 
oppression, and taurder, which the local author- 
ities are at no paius to prevent or punish. There 
is no general disposition to place the colored 
race, constituting at least two nflha of the popu- 
lation, upon terms even of civil equality. While 
many instances may be found where large 
planters and men of the better class accept the 
situation, and honestly strive to bring about a 
better order of things, by employing the freed- 
men at fair wages and treating them kindly, 
the general feeling and disposition among all 
classes are yet totally averse to the toleration 
of any class of people friendly to the Union, 
be they white or black ; and this aversion ie 
not unfrequently manifested in an insulting and 
offensive manner. 

The witnesses examined as to the willingness 
of the people of the South to contribute, under 
existing laws, to the pnyinent of the national 
debt, prova »hat the taxes levied by the United 
States will be paid only on compulsion and 
with great reluctance, while there prevails, to a 
considerable extent, an expectation that com- 
pensation will be made for slaves emancipated 
and property destroyed during the war. The 
testimony on this point comes from officers of 
the Union army, officers of the late rebel arnij?-, 
Union men of the Southern States, and avowed 
secessionists, almost all of whom state that, in 
their opinion, the people of the rebellious States 
would, if they should see a prospect of success, 
repudiate the national debt. 

While there is scarcely any hope or desire 
among leading men to renew the attempt at 
secession at any future time, there is still, ac- 
cording to a large number of witnesses, includ- 
ing A. H. Stephens, who may be regarded as 
good authority on that point, a generally pre- 
vailing opinion which defends the legal right 
of secession, and upholds tiie doctrine that the 
first allegiance of the people is due to the States, 
and not to the United Stales. This I'Ki'lief evi- 
dently prevails among leading and prominent 
men as well as among tiie masses everywhere, 
except in some of the tortljcrn counties of Ala- 
bama and the eastern (^ounties of Tennessee. 

The evidence gf an intense hostility to the 
Federal Union, and an equally intense love of 
(the late Coafederacj, um'tur«d by the war, is de- 



cisive. While it appears that near]/ all are 
willing to submit, at least for the tiiijf being, to 
the federal authority, it is equally cljjr thattl'.ii 
ruling motive is a desire to obtain ilie -vd vanta- 
ges which will be derived from a reprtscintation 
m Congress. Officers of the Union army on 
duty, and northern men who go South to en- 
gage in business, are generally detested and pro- 
scribed. Southern men who adhered to the 
Union are bitterly hated and relentlessly perse- 
cuted. In some localities prosecutions have 
been instituted in btate courts against Union 
otHcers for acts done in the line of official duty, 
and similar prosecutions are threatened else- 
where as soon as the United States troops are 
removed. All such demonstrations shoxv a state 
of feeling against which it is unmistakably ne- 
cessary to guard. 

The testimony is conclusive that after the col- 
lapse of the Confederacy the feeling of tiip j dople 
of the rebellious States was that of abje''.^ sub- 
mission. Having appealed to the tribunal of 
arms, they had no hope except that by the 
magnanimity of their conquerors their lives, an'1 
possibly their property, might be preseived 
Unfortunately, the general issue of pardons to 
persons who had been prominent in the rebel- 
lion, and the feeling of kindness and conciliation 
manifested by the Executive, and very gene- 
rally indicated through the northern press, had 
the efi'ect to render whole communities forgetful 
of the crime they had committed, defiant towards 
the Federal Government, and regardless of their 
duties as citizens. The conciliatory measures o:' 
the Government do not seem to have been me! 
even half way. The bitterness and defiance ex- 
hibited toward the United Sitites under such cir- 
cumstances is without a parallel in the history 
of the world. In return for our leniency we 
receive only an insulting denial of our author 
ity. In return for our kind desire for the re 
sumption of fraternal relations we receive oul} 
an insolent assumption of rights and privileges 
long since forfeited. The crime we have pun- 
ished is paraded as a virtue, and the principles 
of republican government which we have vindi- 
cated at so terrible cost are denounced as unjust 
and oppressive. 

If we add to this evidence the fact that, al- 
though peace has been declared by the Pres) 
dent, he has not, to this day, deemed it safe t. 
restore the writ of habeas corpus, to relieve ti ■ 
insurrectionary States of martial law, nor to 
withdraw the troops from many localities, and 
that the commanding general deems an increase 
of the army indispensable to the preservation 
of order and the protection of loyal and well- 
disposed people in the South, the proof of a 
condition of feeling hostile to the Union auc^ 
dangerous to the Government throughout tht 
insurrectionary States would seem to be over- 
whelming. 

With such evidence before them, it l" tlw 
opinion of your committee — 

I. That the States lately in rebellion were,; 
at the close of the war, disorganized commiici 
ties, without civil government, and without con- 
stitutions or other iorms, by virtue of whicn 
political relations could legally exist between 
them and the Federal Government. 

II. That Congress cannot be expected to re- 



92 



POLITICAL MANUAL. 



cognua as valid the election of representatives 
.'Om disorganized communities, which, from the 
vt-ry nature of the case, were unable to present 
their claim to representation under those estab- 
lished and recognized rules, the observance of 
v;hich has been hitherto required. 

III. That Congress would not be justified in 
admitting such communities to a participation 
in the government of the country without first 
providing such constitutional or other guaran- 
tees as will tend to secure the civil rights of all 
citizens of the Republic ; a just equality of rep- 
resentation; protection against claims founded 
in rebellion and crime ; a temporary restoration 
of the right of suffrage to those who have not 
actively participated in the eflbrts to destroy 
the Union dnd overthrow tlie Government ; and 
the exclusion from positions of public trust of 
at least a portion of those whose crimes have 
proved them to be enemies to the Union, and 
unworthy of public confidence. 

Your committee will, perhaps, hardly be deemed 
excusable for extending this report further; 
but inasmuch as immediate and unconditional 
representation of the States lately in rebellion 
is demanded as a matter of right, and delay, and 
even hesitation, is denounced as grossly oppres- 
sive and unjust, as well as unwise and impolitic, 
it may not be amies again to call attention to a 
few undisputed and notorious facts, and the 
principles of public law applicable thereto, in 
order that the propriety of that claim may be 
fully considered and well understood. 

The State of Tennessee occupies a position 
distinct from all the other insurrectionary States, 
and has been the subject of a separate report, 
which your committee have not thought it expe- 
dient to disturb. Whether Congress shall see 
fit to make that State the subject of separate 
action, or to include it in the same category with 
all others, so far as concerns the imposition 
of preliminary conditions, it is not within the 
province of this committee either to determine 
or advise. 

To a.'Jcertain whether any of the so-called 
Confederate States "are entitled to be repre- 
sented iu either House of Congress," the essen- 
tial inquirj' is, whether there is, in any one of 



tion of the same States into a confederacy, which 
levied and waged war, by sea and land, against 
the United States. This war continued more 
than four j-ears, within which period the rebel 
armies besieged the national capital, invaded the 
loyal States, burned their towns and cities, rob- 
bed their citizens, destroyed more than 250,000 
loyal soldiers, and imposed an increased national 
burden of not less than $3,500,000,000, of which 
seven or eight hundred millions have already 
been met and paid. From the time these con- 
federated States thus withdrew their representa- 
tion in Congress and levied war against the United 
States, the great mass of their peojile became and 
were insurgents, rebels, traitors, and all of theto 
assumed and occupied the political, legal, and 
practical relation of enemies of the United States. 
This position is established by acts of Congress 
and judicial decisions, and is recognized repeat- 
edly by the President in public proclamations, 
documents, and speeches. 

Second. The States thus confederated prosecu- 
ted their war against the United States to final 
arbitrament, and did not cease until all th.eir 
armies were captured, their military power des- 
troyed, their civil officers. State and confederate, 
taken prisoners or put to flight, every vestige of 
State and confederate government obliterated, 
their territory overrun and occupied by the fede- 
ral armies, and their people reduced to the con- 
dition of enemies conquered in war, entitled only 
by public law to such rights, privileges, and con- 
ditions as might be vouchsafed bj' the conqueror. 
This position is also established by judicial deci- 
sions, and is recognized by the President in public 
proclamations, documents, and speeches. 

Third. Having volnntarily deprived them- 
selves of representation in Congress, for the 
criminalpurposeof destroying the Federal Union, 
and having reduced themselves, by the act of 
levying war, to the condition of public enemies, 
they have no right to complain of temporary ex- 
clusion from Congress ; but on the contrary, 
having volnntarily renounced the right to rep- 
resentation!, and disqualified themselves by crime 
from participating in the Government, the burden 
now rests upon them, before claiming to herein- 
stated in their former condition, to show that 



them, a constituency qualified to be represented ] they are qualified to resume federal relations. 
in Congress. The question how far persons ; In order to do this, they must prove that they 



claiming seats in either House possess the cre- 
dentials necessary to enable them to represent a 
duly qualified constituency is one for the con- 
sideration of each House separately, after the 
preliminary question shall nave been finally 
determined. 

We now propose to re-state, as briefly as 
possible, the general facts and principles appli- 
cable to all the States recently in rebellion. 

First. The seats of the senators and repre- 
sentatives from the so-called Confederate States 
became vacant in the year 1861, during the 
second session of the Thirty-sixth Congress, by the 
voluntary withdrawal of their incumbents, with 



have estahlisliej, with the consent of the people, 
republican fornis of government in harmony with 
the Constitution and laws of the United States, 
that all hostile purposes have ceosed, and should 
give adequate guarantees against future treason 
and rebellion — guarantees which shall prove 
satisfactory to the Government against which 
they rebelled, and by whose arms they were sub- 
dued. 

Fourth. Having, by this treasonable with- 
drawal from Congress, and by flagrant rebellion 
and war, forfeited all civil and j-olitical rights 
and privileges under the Constitution, they can 
only be restored thereto by the permission and 



the sanction and by direction of the legislatures | auttiority of that constitutional power against 
or conventions of their respective States. This . which they rebelled and by which they were 
was done as a hostile act against the Constitution subdued. 

and Government of the United States, with a de- } Fifth. These rebellious enemies were conquer- 
clared intent to overthrow the same by forming i ed by the ]ieople of the United States, acting 
a southern confederation. This act of declared ', througli all the co-ordinate branches of the 
hostility was speedily followed by an organiza- Government, and not by the executive depart- 



REPORTS ON RECONSTRUCTION. 



f>3 



ment alone. The powers of conqueror are not 
so vested in the President that he can fix and 
regulate the terms of settlement and confer 
congression-al representation on conquered reb- 
els and traitors. Nor can he, in any way, qualify 
enemies of the Government to exercise its law- 
making power. The authority to restore rebels 
to political power in the Federal Government 
can be exercised only with the concurrence of 
all the departments in which p>olitical power is 
vested ; and hence the several proclamations of 
the President to the people of the Confederate 
States cannot be considered as extending beyond 
the purposes declared, and can only be regarded 
as provisional permission by the commander-in- 
chief of the army to do certain acts, the eflect 
and validity whereof is to be determined by the 
constitutional government, and not solely by the 
executive power. 

Sixth. The question before Congress is, then, 
whether conquered enemies have the right, and 
shall be permitted at their own pleasure and on 
their own terms, to participate in making laws 
for their conquerors ; whether conquered rebels 
may change their theatre of operations from 
the battle-field, where they were defeated and 
overthrown, to the halls of Congress, and, 
through their representatives, seize upon the 
Government which they fought to destroy ; 
whether t'\e national treasury, the army of the 
nation, its navy, its forts and arsenals, its whole 
civil adrniuistration, its credit, its pensioners, 
the widows an orphans of those who perished 
in the war, Uia public honor, peace and safety, 
shall all be turnsd over to the keeping of its 
recent enemies without delay, and without im- 
posing such conditions as, in the opinion of 
Congress, the security of tho country and its 
institutions may demand. 

Seventh. The history of mankind exhibits no 
example of such madness and folly. The in- 
stinct of self-preservation protests against it. 
The surrender by Grant to Lee, and by Sher- 
man to Johnston, would liave been disasters of 
less magnitude, for new armies could have been 
raised, new battles fought, and*he Government 
saved. The anti-coercive policy, which, under 
pretext of avoiding bloodshed, allowed the re- 
bellion to take form and gather force, would be 
surpassed in infamy by the matchless wickedness 
that would now surrender the halls of Congress 
to -those so recently in rebellion, until proper 
•precautions shall have been taken to secure the 
national faith and the national safety. 

Eighth. As has been shown in this report, and 
in the evidence submitted, no proof has been 
afforded by Congress of a constituency in any 
one of the so-called Confederate States, unless 
we except the State of Tennessee, qualified to 
elect Senators and Representatives in Congress. 
No State constitution, or amendment to a State 
constitution, has had the sanction of the people. 
All the so-called legislation of State conventions 
and legislatures has been had under military 
dictation. If the President may, at his will, 
and under his own authority, whether as mili- 
tary commander or cliief executive, qualify per- 
sons to appoint Senators and elect Keprosenta- 
tives, and empower others to appoint and elect 
them, he thereby practically conti-ols the organi- 
zation of the legislative department. Ttie con- 



stitutional form of gcvernmeut is thereby prac- 
tically destroyed, and its powers absorbed in 
the Executive. And while your committee c c 
not for a moment impute to the President any 
such design, but cheerfully concede to him tlio 
most patriotic motives, they cannot but look 
with alarm upon a precedent so fraught with 
danger to the Republic. 

Ninth. The necessity of providing adequate 
safeguards for the future, before restoring the in- 
surrectionary States to a participation in the 
direction of public affairs, is apparent from the 
bitter hostility to the Government and people of 
the United States yet existing throughout the 
conquered territory, as proved incontestably by 
the testimony of many witnesses and by un- 
disputed facts. 

Tenth. The conclusion of your committee 
therefore is, that the so-called Confederate States 
are not at present entitled to representation in 
the Congress of the United States ; that, before 
allowing such representation, adequate security 
for future peace and safety should be required ; 
that this can only be found in such changes of 
the organic law as shall determine the civil 
rights and privileges of all citizens in all parts 
of the Republic, stiall place representation on an 
equitable basi^, shall liS: a stigma upon treason, 
and protect the loyal people against future 
claims for the expenses Incurred in support of 
rebellion and for manunijtted slaves, together 
with an express grant of »>ower in Congress to 
enforce those provisions. To this end they ofl'er 
a joint resolution for amending the Constitution 
of the United States, and the two several bills 
designed to carry the same into effect, before 
referred to. 

Before closing this report, your committee beg 
leave to state that the specific recommendations 
submitted by them are tlie result of mutual con- 
cession, after a long and careful comparison of 
conflicting opinions. Upon a question of such 
magnitude, infinitely important as it is to the 
future of the Republic, it was not to be expected 
that all should think alike. Sensible of the im- 
perfections of the scheme, your committee sub- 
mit it to Congress as the best they could agree 
upon, in the hope that its imperfections may be 
cured, and its deficiencies supplied, by legi,-la- 
tive wisdom; and that, when finally adoj'ted. 
it may tend to restore peace and harmony tc 
the whole country, and to place our republican 
institutions on a more stable foundation. 

W. P. Fessenden, 
James W. Gexmes, 
Ika Harris, 
J. M. Howard, 
George H. Williams, 
Thaddeus Stevens, 
Ellihu B. Washlurne, 
Justin S. Morrill, 
Jno. a. Bingham, 
PiOSCOE Conklixg, 
George S. Poutwell, 
Henry T. Blow. 



Minority Report. 
June 22 — Mr. Johnson in the Senate and Mr. 
Rogers iu the House, submitted this 
report : 
The undersigned, a minority of the joint com- 



94 



POLITICAL JIANUAL 



itiittee of tlie Senate an^ House of Representa- 
tives, constituted under the concurrent resolu- 
tion of the loth of December, 1865, making it 
tlieir duty to " inquire into the condition of the 
States which formed the so-called Confederate 
States of America, and to report whether they or 
(in}- of them are entitled to he represented in 
oitlier House of Congress, with leave to report by 
hill or otherwise," not being able to concur in 
IHo measures recommended oy the majority, or 
!a the grounds upon which they base them, beg 
leave to report : 

In order to obtain a correct apprehension of 
Ihe subject, and as having a direct bearing upon 
it, the undersigned think it all important clearly 
to ascertain what was the effect of the late in- 
surrection upon the relations of the States where 
it prevailed to the General Government, and of 
the people collectively and individually of such 
States. To this inquiry they therefore first ad- 
dress themselves. 

First, as to the States. Did the insurrection 
at its commencement, or at any subsequent time, 
legally dissolve the connection between those 
States and the General Government? In our 
judgment, so far from this being a "profitless 
abstraction," it is a vital inquiry. For if that 
connection was not disturbed, such States dur- 
ing the entire rebellion were as completely com- 
ponent States of the United States as they were 
before the rebellion, and were bound by all the 
obligations which the Constitution imposes, and 
entitled to all its privileges. Was not this their 
condition ? 

The opposite view alone can justify the denial 
of such rights and privileges. That a State of 
the Union can exist without possessing them is 
inconsistent with the very nature of the Gov- 
ernment and terms of the Constitution. In its 
nature the Government is formed of and by 
States possessing equal rights and powers. States 
unequal are not known to the Constitution. In 
its original formation perfect equality was se- 
cured. They were granted the same represen- 
tation in the Senate, and the same right to be 
represented in the House of Representatives ; 
the difl'erence in the latter being regulated only 
by a difl'erencs in population. But every State, 
however small its population, was secured one 
Kepres&atative in that branch. Each State was 
given the right, and the same right, to partici- 
pate in the election of I'residentand Vice I'resi- 
d'jnt, and all alike were secured the benefit of 
the judicial department. The Constitution, too, 
was submitted to the people of each State sep- 
arately, and adojited by them in that capacity. 
The convention which framed it considered, as 
they were bound to do, each as a separate sov- 
ereignty, that could not be subjected to the 
Consiitutiou except by its own consent. Tliat 
consent was consequently asked and given. The 
equality, therefore, of rights was the condition 
of the original thirteen States before the Gov- 
ernment was formed, and such equality was not 
only not interfered with, but guaranteed to 
them as well in regard to the powers conferred 
upon the General Government, as to those re- 
served to the States or to the people of the 
States. 

The same equality is secured to the States 
Ti'liicb have been adnaitted into the Union since 



the Corstitution was adopted. In each instai^oo 
the State admitted has been "declared to be one 
of the United States, on an equal footing with 
the original States in all respects whatever." 

The Constitution, too, so far as most of tho 
powers it contains are concerned, operates directly 
upon the people in their individual and aggre- 
gate capacity, and on all alike. Each citizen, 
therefore, of every State owes the same alle- 
giance to the General Government, and is enti- 
tled to the same protection. The obligation of 
tills allegiance it is not within the legal power 
of his State or of himself to annul or evade. It 
is made paramount and perpetual, and for that 
very reason it is equally the paramount duty of 
the General Government to allow to the citizens 
of each State, and to the State, the rights se- 
cured to both, and the protection necessary to 
their full enjoyment. A citizen may, no doubt, 
forfeit such rights by committing a crime against 
the United States upon conviction of the same, 
where such forfeiture by law antecedently passed 
is made a part of the punishment. But a State 
cannot in its corporate capacity be made liable 
to such a forfeiture, for a State, as such, under 
the Constitution, cannot commit or be indicted 
for a crime. Ko legal proceeding, criminal ar 
civil, can be instituted to deprive a State of the 
benefits of the Constitution, by forfeiting as 
against her any of the rights it secures. Her 
citizens, be thej' few or many, may be proceeded 
against under the law and convicted, but the 
State remains a State of the Union. To concede 
that, by the illegal conduct of her own citizens, 
she can be withdrawn from the Union, is virtu- 
ally to concede the right of secession. For what 
difierenc* doair it make as regards the result 
whether a Btate can rightfillly secede, (a doc- 
trine, by-the-by, heretofore maintained by 
statesmen North as well as South,) or whether 
by the illegal conduct of her citizens she ceases 
to be a State of the Union? In either case the 
end is the same. The only difl'erence is that by 
the one theory she ceases by law to be such a 
State, and by the other by crime, without and 
against law. But the doctrine is wholly erro- 
neous. A State once in the Union must abide 
in it forever. She can never withdraw from or be 
expelled from it. A different principle would 
subject the Union to dissolution at any moment. 
It is, therefore, alike perilous and unsound. 

Nor do we see that it has any support in the 
measures recommended by the majority of the 
committee. The insurrectionary States are by 
these measures conceded to be States of the Union. 
The proposed constitutional amendment is to be 
submitted to them as well as to the other States. 
In this respect each is placed on the same ground. 
To consult a State not in the Union on the pro- 
priety of adopting a constitutional amendment 
to the government of the Union, and which is 
necessarily to affect those States only composing 
the Union, would bean absurdity ; and to allow 
an amendment, which States in the Union might 
desire, to be defeated by the votes of States not 
in the Union, would be alike nonsensical and 
unjust. The verj' measure, therefore, of sub- 
mitting to all the States forming the Union be- 
fore tiie insurrection a constitutional amendment, 
makes the inquiry, whether all at this time are 
in or out of the Onion, a vital one. If they are 



REPORTS ON RECONSTRUCTION, 



95 



not, all should not be consulted; if they are, 
they should be, and should be only because they 
are. The very fact, therefore, of such a sub- 
mission concedes that the Southern States are, 
and never ceased to be. States of the Union. 

Tested, therefore, either by the nature of our 
Government or by the terms of the Constitution, 
the insurrection, now happily and utterly sup- 
pressed, har in no respect changed the relations 
of the States, where it prevailed, to the General 
Government. On the contrary, they are to all 
ictents and purposes as completely States of the 
Uiron ns they ever were. In further support of 
this proposition, if it needed any, we may confi- 
dently appeal to the fact just stated, tliat the 
very measure recommended, a constitutional 
amendment to be submitted to such States, fur- 
nishes such support ; for, looking to and regard- 
ing the rights of the other States, such a sub- 
mission has no warrant or foundation except 
upon the hypothesis that thej' are as absolutely 
Stat6^. of the Union as any of the other States. 
It can never be under any circumstances a 
'"profitless abstraction" whether under the Con- 
stitution a State is or is not a State of the Union. 
It can never be such an abstraction whether the 
people of a State once in the Union can volun- 
tarily or by compulsion escape or be freed from 
the obligations it enjoins, or be deprived of the 
rights it confers or the protection it afi'ords. 

A different doctrine necessarily leads to a 
dissolution of the Union. The Constitution 
supposes that insurrections may exist in a State, 
and provides for their suppression by giving 
Congress the power to "call forth the militia' 
for the purpose. The power is not to subjugate 
the State within who&e limits the insurrection 
maj' prevail, and to extinguish it as a State, but 
to preserve it as such by subduing the rebellion, 
by acting on the individual persons engaged in 
it, and not on the State at all. The power is 
altogether conservative ; it is to protect a State, 
not to destroy it; to prevent her being taken 
out of the Union by individual crime, not, in 
any contingency, to put her out or keep her out. 

The continuance of tlie Union of all the 
States is necessary to the intended existence of 
the Government. The Government is formed 
by a constitutional association of States, and its 
integrity depends on the continuance of the 
entire association. If one State is withdrawn 
from it by any cause, to that extent is the Union 
dissolved. Those that remain may exist as a 
government, but it is not the very government 
the Constitution designs. That consists of all ; 
and its character is changed and its power is 
diminished by the absence of any one. 

A dift'erent principle leads to a disintegration 
that must sooner or later result in the separation 
of all, and the consequent destruction of the 
Government. Tosuppose that a power to pre- 
serve may, at the option of the body to which 
it is given, be used to destroy, is a proposition 
repugnant to common sense ; and yet, as the 
late insurrection was put down by means of 
that power, that being the only one conferred 
upon Congress to that end, that proposition is 
the one on which alone it can be pretended that 
the Southern States are not in the Union new 
a£ well ab at first. 



The it'.ea that the war power, as such, has been 
used, or 30uld have been used, to extinguish the 
rebellion, is, in the judgment of the undersigned 
utterly without foundation. That power was 
given for a different contingency — for the con- 
tingency of a conflict with other governments, an 
international conflict. If it had been thought 
that that power was to be resorted to to suppress 
a domestic strife, the words "appropriate to that 
object' would have been used. But so far from 
this Laving been done, in the same section that 
confers it, an express provision is inserted to 
meet the exigency of a domestic strife or insur- 
rection. To subdue that, authority is given to 
call out the militia. Whether, in the progress 
of the efifort to suppress an insurrection, the 
rights incident to war as between the United 
States and foreign nations may not arise, is a 
question which in no way changes the character 
of the contest as between theGovernmentand the 
insurrectionists. The exercise of such rights 
may be found convenient, or become necessary 
for the suppression of the rebellion, but the 
character of the conflict is in no way changed 
by a resort to them. That remains, as at first, 
and must from its very nature during its contin- 
uance remain, a mere contest in which the Gov- 
ernment seeks, and can only seek, to put an end 
to the rebellion. That achieved, the original 
coiidition of things is at once restoied. Two 
judicial decisions have been made, by judges of 
eminent and unquestioned ability, which fully 
sustain our view. In one, that of Amy War- 
wick, before the United States district court ol 
Massachusetts, Judge S[)rague, referring to the 
supposed effect of the belligerent rights which it 
was conoeded belonged to the Government dur- 
ing the rebellion, by giving it, when suppressed, 
the rights of conquest, declared : 

" It has been supposed that if the Government 
have the right of a belligerent, then, after the 
rebellion is suppressed, it will have the rights of 
conquest; that a State and its inhabitants may 
be permanently divested of all political advan 
tages, and treated as foreign territory con- 
quered by arms. This is an error, a grave and 
dangerous error. Belligerent rights cannot be 
exercised where there are no belligerents. Con- 
quest of a foreign country gives absolute, unlim- 
ited sovereign rights, but no nation ever makes 
such a conquest of its own territorj^. If a hos- 
tile power, either from without or within, takes 
and nolds possession and dominion over anypoi- 
tion of its territory, and the nation, by force of 
arms, expel or overthrow the enemy, and sup- 
presses hostilitie«, it acquires no new title, and 
merely regains the possession of that of which 
it has been temporarily deprived. The nation 
acquires no new sovereignty, but merely main- 
tains its previous rights. 

" When the United States take possession of 
a rebel district, they merely vindicate their pre- 
existing title. Under despotic governments con- 
fiscation may be unlimited, but under our Gov- 
ernment the right of sovereignty over any portion 
of a State is given and limited by the Constitu- 
tion, and will be the same after the war as it 
was before." 

In the other, an application for habeas ccrpus 
to Mr. Justice Nelson, one of the judges ol 'h« 



POLITICAL MAr^UAL. 



Supreme Court of the Unite-l States, by James 
Egan, to be discharged from an iraprisonment 
to wbicb he had been sentenced by a military 
commission in South Carolina, for the offence of 
murder alleged to have been committed in that 
State, and the discharge was ordered, and, in an 
opinion evidently carefully prepared, among 
other things, said : 

"For all that appears, the civil local courts of 
the State of South Carolina were in the full ex- 
ercise of their judicial functions at the time of 
this trial, as restored by the suppression of the 
rebellion, some seven months previously, and 
by the revival of the laws and the reorganiza- 
tion of the State in obedience to, and in confor- 
mity with, its constitutional duties to the Union. 
Indeed, long previous to this the provisional 
government had been appointed by the Presi- 
dent, who is commander-in-chief of the army 
and navy of the United States, (and whose will 
under martial law constituted the only rule of 
action,) for the special purpose of changing the 
existing state of things, and restoring the civil 
eovernment over the people. In operation of 
tnis appointment, a new constitution had been 
formed, a governor and legislature elected under 
it, and the State placed in the full enjoyment, or 
entitled to the full enjoyment, of all her constitu- 
tional rights and privileges. The constitutional 
laws of the Union were thereby enjoyed and 
obeyed, and were as authoritative and binding 
over the people of the State as in any other 
portion of the country. Indeed, the moment 
the rebellion was suppressed, and the govern- 
ment growing out of it subverted, the ancient 
laws resum,ed their accustomed sway, subject only 
to the new reorganization by the appointment of 
the proper ojjicer to give them operation and effect. 
Thi.-< organization and appointment of the public 
functionaries, which was under the superinten- 
lence and direction of the President, the com- 
aiander-in-chief of the army and navy of the 
"ountry, and who, as such, had previously gov- 
erned the State, from imperative necessity, by 
the force of martial law, had already taken 
place, and the necessity no longer existed." 

This opinion is the more authoritative than it 
might po.ssibly be esteemed otherwise, from its 
being the iirst elaborate statement of the rea- 
sons which governed the majority of the Supreme 
Court at the last term in their judgment in the 
case of Milligan and others, that military com- 
missions for tiie trial of civilic^ns a e not consti- 
tutional. Mr. Justice Nelson wan one of that 
majority, and of course was advised of the 
grounds of their decision. We submit that 
nothing could be more conclusive in favor of 
the doctrine for which they are cited than these 
judgments. In the one, the preposition of 
conquest of a State as a right under the war to 
suppress the insurrection is not only repudiated 
by Judge Sprague, but, because of the nature of 
our Government, is considered to be legally im- 
possible. " Tlie right of sovereignty over any 
portion of a State will," he tells us, "only be 
the same after the war as it was before." In the 
other, we are told " that the suppression of the 
rebellion restores the courts of the State," and 
that when her government is reorganized she at 
once is "in tiie full enjoyment, or eut'tled to the 



full enjoyment, of all her constitutional righta 
and privileges." 

Again, a contrary doctrine is inconsistent with 
the obligation which the Government i? under 
to each citizen of a State. Protection to each is 
a part of that obligation — protection not only as 
against a foreign, but a domestic foe. To hold 
that it is in the power of a,ny part of the people 
of a State, whether they constitute a majority 
or minority, by engaging in insurrection and 
ailopting any measure in its prosecution to make 
citizens who are not engaged in it, but oppose! 
to it, enemies of the United States, having no 
right to the protection which the Constitution 
affords to citizens who are true to their alle- 
giance, is as illegal as it would be flagrantly un- 
just. During the conflict the exigency of the 
strife may justify a denial of such protection, 
and subject the unoffending citizen to inconve- 
nience or loss; but the conflict over, the exigency 
ceases, and the obligation to aft'ord him all the 
immunities and advantages of the Constitution, 
one of which is the right to be represented in 
Congress, becomes absolute and imperative. -A 
different rule would enable the Government to 
escape a clear duty, and to commit a gross vio- 
lation of the Constitution. It has been said that 
the Supreme Court have entertained a different 
doctrine in the prize cases. Tliis, in the judg- 
ment of the undersigned, is a clear misappre- 
hension. One of the questions in those cases 
was, whether in such a contest as was being 
waged for the extinguishment of the insurrec- 
tion, belligerent rights, as between the United 
States and other 7iations, belonged to the former. 
The Court properly held that they did; but the 
parties engaged in the rebellion were desig- 
nated as traitors, and liable to be tried as trai- 
tors when the rebellion should terminate. If 
the Confederate States, by force of insurrection, 
became foreign States and lost their character as 
States of the Union, then the contest was an in- 
ternational one, and treason was no more com- 
mitted by citizens of the former against the latter, 
than by those of the latter against the former. 
Treason necessarily assumes allegiance to the 
government, and allegiance necessarily assumes 
a continuing obligation to the government. 
Neither predicament was true, except upon the 
hypothesis that the old state of things continued. 
In other words, that the States, notwithstand- 
ing the insurrection, were continuously, and are 
now, States of the United States, and their citi- 
zens responsible to the Constitution and the laws. 
Second: what is there, then, in the present poli- 
tical condition of such States that justifies their 
exclusion from representation in Congress ? Is 
it because they are without organized, govern- 
ments, or without governments republican in 
point of form? In fact, we know that they 
nave governments completely organized with 
legislative, executive, and judicial functions. 
We know that they are now in successful opera- 
tion ; no one within their 'imits questions their 
legality, or is denied tlieir protection. How 
they were formed, under what auspices they 
were formed, are inquiries with which Congress 
has no concern. The right of the people of a 
State to form a government for themselves has 
never been questioned. In the absence of any re- 



REPORTS ON RECONSTRUCTION. 



07 



striction tliat right would be absolute ; any form 
could be adopted that thej^ might determine up- 
on. The Constitution imposes but a single re- 
striction — that the government adopted shall be 
" of a republican form," and this is done in the 
obligation to guarantee every State such a form. 
It gives no power to frame a constitution for a 
State. It operates alone upon one already 
formed by the State. In the words of the Fed- 
eralist, (No. 44,) " it supposes a pre-existing 
government of the form which is to be guaran- 
teed." It is not pretended that the existing 
governments of the States in question are not of 
the required form. The objection is that they 
were not legally established. But it is confi- 
dently submitted that that is a matter with 
which Congress has nothing to do. The power 
to establish or modify a State government be- 
longs exclusively to the people of the State. 
When they shall exercise it, how they shall ex- 
ercise it, what provisions it shall contain, it is 
their exclusive right to decide, and when decid- 
ed, their decision is obligatory upon everybody, 
and independent of all congressional control, if 
Bucli government be republican. To convert an 
obligation of guarantee into an authority to in- 
terfere in any way in the formation of the gov- 
ernment to be guaranteed is to do violence to 
language. If it be said that the President did 
illegally interfere in the organization of such 
governments, the answers are obvious: First. 
If it was true, if the people of such States not 
only have not, but do not, complain of it, but, on 
the contrary, have pursued his advice, and are 
satisfied with and are living under the govern- 
ments they have adopted, and those govern- 
mehts are republican in form, what right has 
Congress to interfere or deny their legal exist- 
ence ■/ Second. Conceding, for argument's 
sake, that the President's alleged interference 
was unauthorized, does it not, and for the same 
reason, follow that any like interference by 
Congress would be equally unauthorized? A 
different view is not to be maintained because of 
the differeEce in the nature of the powers con- 
ferred upon Congress and the President, the one 
being legislative and the other executive ; for it 
is equally, and upon tne same ground, beyond 
the scope of either to form a government lor a 
people of a State once in the Union, or to expel 
such a State from the Union, or to deny, tempo- 
rarily or permanently, the rights which belong 
to a State and her people under the Constitu- 
tion. 

Congress may admit new States, but a State 
once admitted ceases to be within its control, 
and can never again be brought within it. What 
changes her people may at any time think proper 
to make in her constitution is a matter with which 
neither Congress nor any department of the 
General Government can interfere, unless such 
changes make the State government anti-repub- 
lican, and then it can only be done under the ob- 
ligation to guarantee that it be republican. 
Whatever may be the extent of the power con- 
ferred upon Congress in the 3d section, article 4, 
of the Constitution, to admit new States — in what 
manner and to what extent they can, under that 
power, interfere in the formation and character 
of the Constitution of such States preliminary to 



admission into the Union, no one has ever pre- 
tended that when that is had, the State can again 
be brought within its influence. The power is 
exhausted when once executed, the subject forth- 
with passing out of its reach. The State admitted, 
like the original thirteen States, becomes atonco 
and forever independent of congressional control. 
A difl'erent view would change the entire charac- 
ter of the Government as its framers and their 
contemporaries designed and understood it to be. 
They never intended to make the State govern- 
ments subordinate to the General Government. 
Each was to move supreme within its own orbit ; 
but as each would not alone have met the exigen- 
cies of a government adequate to all the wants of 
the people, the two, in the language of Mr. Jefler- 
son, constituted " co-ordinate departments of one 
single and integral whole ;" the one having the 
power of legislation and administration "in alfairs 
which concerned their own citizens only ;" the 
other, " whatever concerned foreigners, or citizens 
of other States." Within their respective limits 
each is paramount. The States, as to all powers 
not delegated to the General Government, are as 
independent of that government as the latter, in 
regard to all powers that are delegated to it, is 
independent of the governments of the States. 
The proposition, then, that Congress can, by force 
or otherwise, under the war or insurrectionary 
or any other power, expel a State from the Union, 
or reduce it to a territorial condition and govern 
it as such, is utterly without foundation. The 
undersigned deem it unnecessary to examine the 
question further. They leave it upon the obser- 
vations submitted, considering it perfectly clear 
that States, notwithstanding occurring insurrec- 
tions, continue to be States of the Union. 

Thirdly. If this is so, it necessarily follows 
that the rights of States under the Constitution, 
as originally possessed and enjoyed by them, are 
still theirs, and those they are now enjoying, as 
far as they depend upon tiie executive and ju- 
dicial departments of the government. By each 
of these departments they are recognized as 
States. By the one, all officers of the govern- 
ment required by law to be appointed in such- 
States have been appointed, and are discharging, 
without question, their respective functions. 
By the otlier they are, as States, enjoying the 
benefit, and subjected to the powers of that de- 
partment ; a fact conclusive to show that, in the 
estimation of the judiciary, they are, as they 
were at first, States of the Union, bound by the 
laws of the Union, and entitled to all the rights 
incident to that relation. And yet, so far they 
are denied that right which the Constitution 
properly esteems as the security of all the 
others — that right, without which government 
is anything but a republic — is inUeed but a ty- 
ranny — the right of having a voice in the legis- 
lative department, whose laws bind them in per- 
son and in property; — this, it is submitted, is a 
state of things without example in a representa- 
tive republican government; and Congress, as 
long as it denies this right, is a mere despotisn;. 
Citizens may be made to submit to it by force, 
or dread of force, but a fraternal spirit and good 
feeling toward those who impose it, so important 
to the peace and prosperity of the country, arc 
not to be hoped for, but rather unhajpixifiae, 



98 



POLITICAL MANUAL. 



dissatisfaction, and enmity. There is but one ' fjivcnfor reflection, that this decision has been a 
ground on which such conduct can find any ex- \ fortunate one for the whole country, they receiv- 



cuse — a supposed public necessity ; the peril of 
destruction to which the government would be 
subjected, if the right was allowed. But for 
such a supposition there is not, in the oydnion 
of the undersigned, even a shadow of founda- 
tion. 

The representatives of the States in which 
there was no insurrection, if the others were 
represented, would in the House, under the 
present apportionment, exceed the latter by a 
majority of seventy-two votes, and have a 
decided preponderance in the Senate. What 
danger to the Government, then, can possibly 
arise from southern representation ? Are the 
present Senators and Representatives fearful of 
themselves? Are they apprehensive that they 
might be led to the destruction of our institu- 
tions by the persuasion, or any other influence, 
of southern members? How disparaging to 
themselves is such an apprehension. Are they 
apprehensive that those who may succeed them 
from their respective States may be so fatally 
led astray? How disparaging is that supposi- 
tion to the patriotism and wisdom of their con- 
stituents. Whatever effect on mere party suc- 
cess in the future such a representation may 
have we shall not stop to inquire. The idea 
that the country is to be kept in turmoil, States 
to be reduced to bondage, and their rights under 
the Constitution denied, and their citizens de- 
graded, with a view to the continuance in power 
of a mere political party, cannot for a moment 
be entertained without imputing gross dishonesty 
of purpose and gross dereliction of duty to those 
who may entertain it. Nor do we deem it neces- 
sary to refer particularly to the evidence taken 
by the committee to show that there is nothing 
in the present condition of the people of the 
Bouthern States that even excuses on that ground 



ing the like benefits from it with those who op- 
posed them in the field and in the cause. * * 
" My observations lead me to the conclusion 
that the citizens of the southern States are anx- 
ious to return to self-government within the Union 
as soon as possible ; that while reconstructing, 
they want aiid require ])rotection from, the Gov- 
ernment; that they are in earnest in wishing to 
do what they think is required by the Govern- 
ment, not humiliating to them as citizens; and 
that if such a course was pointed out, they 
would pursue it in good faith. It is to he re- 
gretted that there cannot be a greater comming- 
ling at this time between the citizens of the two 
sections, and particularly of those intrusted with 
the law-making power y 

Secession, as a practical doctrine ever here- 
after to be resorted to, is almost uttei'ty aban- 
doned. It was submitted to and tailed before 
the ordeal of battle. Nor can the undersigned 
imagine why, if its revival is anticipated as pos- 
sible, the committee have not recommended an 
amendment to the Constitution guarding against 
it in terms. Such an amendment, it cannot be 
doubted, the southern as well as northern States 
would cheerfully adopt. The omission of such 
a recommendation is pregnant evidence that 
secession, as a constitutional right, is thought 
by the majority of the committee to be, practi- 
cally, a mere thing of the past, as all the proof 
taken by them shows it to be, in the opinion of 
all the leading southern men who hitherto en- 
tertained it. The desolation around them, the 
hecatombs of their own slain, the stern patriot- 
ism of the men of the other States, exhibited by 
unlimited expenditure of treasure and of blood, 
and their love of the Union so sincere and deep- 
seated that it is seen they will hazard all to 
maintain it, have convinced the South that, as 



a denial of representation to them. We content a practical doctrine, secession is extinguished 



ourselves with saying that in our opinion the 
evidence most to be relied upon, whether regard- 
ing the character of the witnesses or their means 
of information, shows that representatives from 
the southern States would prove pjerfectly loyal. 
We specially refer for this only to the testimony 
of Lieutenant General Grant. His loyalty and 
his intelligence no one can doubt. In his letter 
to the President of the 18th of December, 1865, 
after he had recently visited South Carolina, 
North Carolina, and Georgia, he says : 

" Both in travelling and while stopping, I sa,w 
much and conversed freely with the citizens of 
those States, as well as with officers of the army 
who have been among them. The following are 
the conclusions come to by me : 

" I am satisfied that the mass of thinking men 
of the South accept the p)resent situation of af- 
fairs in good faith. The questions which have 
heretofore divided ths sentiments of the people 
of the two sections — slavery and State rights, 
or the right of a State to secede from the Union 
— they regard as having been settled forever by 
the highest tribunal, arms, that man can resort 
to. I was pleased, to learn from the leading men 
whom I met that they not only accepted the dc- 
deion arrived at as final, hut that now, the smoke 
of battle has cleared away and time has been 



forever. State secession, then, abandoned, and 
slavery abolished by the southern States them- 
selves, or with their consent, upon what states- 
manlike ground can such States be denied all 
the rights which the Constitution secures to 
States of the Union ? All admit that to do so 
at the earliest period is demanded by every con- 
sideration of duty and policy, and none deny 
that the actual interest of the country is to 
a great extent involved in such admission. 
The staple productions of the Southern States 
are as important to the other States as to them- 
selves. Those staples largely enter into the 
wants of all alike, and they are also most im- 
portant to the financial credit of the Govern- 
ment. Those staples will never be produced as 
in the past until real peace, resting, as it can 
alone rest, on the equal and uniform operation 
of the Constitution and laws on all, is attained. 
To suppose that a brave and sensitive people 
will give an undivided attention to the increase 
of mere material wealth while retained in a state 
of political inferiority and degradation is mere 
folly. They desire to be again in the Union, to 
enjoy the benefits of the Constitution, and they 
invoke you to receive them. They have adopted 
constitutions free from any intrinsic objection, 
and have agreed to every stipulation thought by 



REPORTS ON RECONSTRUCTION. 



99 



the Presiden*- to be necessary for the protection 
and benefit of all, and in the opinion of the un- 
dersigned they are amply sufficient. Why ex- 
act, as a preliminary condition to representa- 
tion, more? What more are supposed to be 
necessary? First, the repudiation of the rebel 
debt; second, the denial of all obligation to pay 
for manumitted slaves ; third, the inviolability 
of our own debt. If these provisions are deemed 
necessary, they cannot be defeated, if the South 
were disposed to defeat them, by the admission 
into Congress of their representatives. Nothing 
is more probable, in the opinion of the under- 
signed, than that many oi the southern States 
would adopt them all ; but those measures the 
committee connect with others which we think 
the people of the South will never adopt. They 
are asked to disfranchise a numerous class of their 
citizens, and also to agree to diminish their rep- 
resentation in Congress, and of course in the elec- 
toral college, or to admit to the right of suffrage 
their color-ed males of twenty-one years of age 
and upwards, (a class now in a condition of 
almost utter ignorance,) thus placing them on 
the same political footing with white citizens of 
that age. For reasons so obvious that the dullest 
may discover them, the right is not directly as- 
serted of granting suffrage to the negro. That 
would be obnoxious to most of the Northern and 
Western States, so much so that their consent 
was not to be anticipated ; but as the plan adopt- 
ed, because of the limited number of negroes in 
Buch States, will have no effect on their represent- 
ation, it is thought it may be adopted, while in 
the southern States it will materially lessen their 
number. That these latter States will assent to 
the measure can hardly be expected. The effect, 
then, if not the purpose, of the measure is forever 
to deny representatives to such States, or, if they 
consent to the condition, to weaken their repre- 
'jentative power, and thus, proba'oly, secure a 
continuance of such a party in power as now 
control the legislation of the Government. The 
measure, in its terms and its effect, whether de- 
signed or not, is to degrade the southern States. 
To consent to it will be to consent to their own 
dishonor. 

The manner, too, of presenting the proposed 
constitutional amendment, in the opinion of the 
undersigned, is impolitic and without precedent. 
The several amendments suggested have no con- 
nection with each other ; each, if adopted, would 
have its appropriate effect if the others were re- 
jected; and each, therefore, should be submitted 
as a separate article, without subjecting it to the 
contingency of rejection if the States should refuse 
to ratify the rest. Each by itself, if an advisa- 
ble measure, should be submitted to the people, 
and not in such a connection with those which 
they may think unnecessary or dangerous as to 
force them to reject all. The repudiation of the 
rebel debt, and all obligation to compensate for 
the loss of slave property, and the inviolability 
of the debts of the Government, no matter how 
contracted, provided for by some of the sections 
of the amendment, we repeat, we believe would 
meet the approval of many of the southern 
States; but these no State can sanction without 
Banctioniiig others, which we think will not be 
done by them or by some of the northern States. 



To force negro suffrage upon any Ststte by meana 
of a penalty of a loss of part of its representa- 
tion, will not only be to impose a disparaging 
condition, but virtually to interfere with the 
clear right of each State to regulate suffrage for 
itself, without the control of the Government of 
the United States. Whether that control be ex- 
erted directly or indirectly, it will be considered, 
as it is, a fatal blow to the right which every 
State in the past has held vital, the right to 
regulate her franchise. 

To punish a State for not regulating it in a 
particular way, so as to give to all classes of the 
people the privilege of suffrage, is but seeking to 
accomplish incidentally what, if it should be done 
at all, should be done directly. No reason, iu 
the view of the undersigned, can be suggested 
for the course adopted, other than a belief that 
such a direct interference would not be sanc- 
tioned by the northern and western States, 
while, as regards such States, the actual recom- 
mendation, because of the small proportion of 
negroes within their limits, will not in the least 
lessen their representative power in Congress or 
their influence in the presidential election, and 
they may therefore sanction it. This very ine- 
quality in its operation upon the States renders 
the measure, in our opinion, most unjust, and, 
looking to the peace and quiet of the country, 
most impolitic. But the mode advised is also 
not only without but against all precedent. 
When the Constitution was adopted it was 
thought to be defective in not sufficiently pro- 
tecting certain rights of the States and the peo- 
ple. With the view of supplying a remedy for 
this defect, on the 4th March, 1789, various 
amendments by a resolution constitutionally 
passed by Congress were submitted for ratifica- 
tion to the States. They were twelve in num- 
ber. Several of them were even less indepen- 
dent of each other than are those recommended 
by the committee. But it did not occur to the 
men of that day that it was right to force the 
States to adopt or reject all. Each was, there- 
fore, presented as a separate article. The lan- 
guage of the resolution was, " that the follow- 
ing articles be proposed to the legislatures of the 
several States as amendments of the Constitution 
of the United States, all or any of which 
ARTICLES, when ratified by three-fourths of the 
said legislatures, to be valid to all intents and 
purposes as parts of the Constitution. The Con- 
gress of that day was willing to obtain either 
of the submitted amendments — to get a part, if 
not able to procure the whole. They tliought 
(and in that we submit they but conforiued to 
the letter and spirit of the amendatory cause of 
the Constitution,) that the people have the right 
to pass severally on any proposed amendments. 
This course of our fathers is now departed from, 
and the result will probably be that no one of 
the suggested amendments, though some may be 
approved, will be ratified. This will certainly 
be the result, unless the States are willing practi- 
cally to relinquish the right they have alwaya 
enjoyed, never before questioned by any recog- 
nized statesman, and all-important to their in- 
terest and security — the right to regulate the 
franchise in all their elections. 

There are, too, some general considerations 



LOFC. 



100 



POLITICAL MANUAL. 



that bear on the subject, to which we will now 
refer. 

First. One of the resolutions of the Chicago 
convention, by which Mr. Lincoln was tirst nomi- 
nated for the presidency, says, "iliat the main- 
tenance inviolate of the lights of the States is es- 
eenlial to the balance of power on which the 
prosperity and endurance of our political fabric 
depend." In liis inaugural address of 4th March, 
ISCil, which received tlie almost universal appro- 
val of the people, among other things he said, 
"no State of its own mere motion can lawfully 
get out of the Union ;" and that " in view of the 
Constitution and the laws, the Union is un- 
broken, and to the extent of my ability 1 shall 
take care, as the Constitution itself expressly en- 
joins upon me, that the laws of the Union be 
faithfully executed in all the States." 

Second. Actual conflict soon afterwards en- 
sued. The South, it was believed, misapprehend- 
ed the purpose of the Government in carrying 
it on, and Congress deemed it imporant to dis- 
pel that misapiprehensiou by declaring what the 
purpose was. This was done in July, 1801, by 
their passing the following resolution, ottered by 
Mr. Crittenden : " That in this national emer- 
gency, Congress, banishing all feeling of mere 
passion or resentment, will recollect only its 
duty to the whole country; that this war is not 
waged, upon our part, in any spirit of oppression, 
nor for any purpose of conquest or subjugation, 
nor purpose of overthrowing or interfering with 
the rights or established institutions of tliose 
States, but to defend and maintain the supremacy 
of the Constitution, and to preserve the Union, 
with all the dignity, equality, and rights of the 
several States unimpaired ; that as soon as these 
objects are accomplished, the war ought to cease." 
The vote in the House was 119 for and 2 against 
it, and in the Senate 30 for and 5 against it. The 
design to conquer or subjugate, or to curtail or 
interfere in any way with tlie rights of the States, 
is in the strongest terms thus disclaimed, and the 
only avowed object asserted to be " to defend 
and maintain the spirit of the Constitution, and 
ro preserve the Union, and the dignity, equal- 
ity, AND EIGHTS OF THE SEVERAL StATES UNIM- 
PAIRED." Congress, too, by the actof 13th July, 
18bl, empowered the President to declare, by 
proclamation, " that the inhabitants of such State 
or States where the insurrection existed are in a 
state of insurrection against the United States," 
and thereupon to declare that " all commercial 
intercour.«e by and between the same, by the 
citizens thereof and the citizens of the United 
States, shall cease and be unlawful so long as 
such condition of hostility shall continue." Here, 
also, Congress evidently deals with tlie States as 
being in the Union and to remain in the Union. 
It seeks to keep them in by forbidding commer- 
cial intercourse between their citizens and the 
citizens of the otlier States so long, and so long 
only, as insurrectionary hostility mall corttinue. 
That ended, they are to be, as at first, entitled to 
the same intercourse with citizens of other States 
that they enjoyed before the insurrection. In 
other words, in this act, as in the resolution of 
the same month, the dignity, equality, and rights 
of such States (the insurrection ended) were not 
to be held in anj' respect impaired. The several 



proclamations of amnesty issued by Mr. Lincoln 
and his successor under the authority of Congress 
are also inconsistent with the idea that the 
parties included within them are not to be held, 
in the future, restored to all rights belonging to 
them as citizens of their respective States. A 
power to pardon is a power to restore the offender 
to the condition in which he was before the date 
of the offence pardoned. 

It is now settled that a pardon removes not 
only the punishment, but all the legal disabili- 
ties consequent on the crime. (7 Bac. Ab. Tit. 
Par.) Bishop on Criminal Law (vol. 1, p. 713) 
states the same doctrine. The amnesties so de- 
clared would be but false pretences if they werp, 
as now held, to leave the parties who have 
availed themselves of them in almost every par- 
ticular in the condition they would have been 
in if they had rejected them. Such a result, it 
is submitted, would be a foul blot on the good 
name of the nation. Upon the whole, therefore, 
in the present state of the country, the excite- 
ment which exists, and which may mislead legis- 
latures already elected, we think that the 
matured sense of the people is not likely to be 
ascertained on the subject of the proposed 
amendment by its submission to existing State 
legislatures. If it should be done at all, the 
submission should either be to legislatures here- 
after to be elected, or to conventions of the peo- 
ple chosen for the purpose. Congress may select 
either mode, but they have selected neither. It 
may be submitted to legislatures already in ex- 
istence, v.'hose members were heretofore elected 
with no view to the consideration of such a 
measure; and it nay consequently be adopted, 
though a majority of the people of the States 
disapprove of it. In this respect, if there were 
no other objections to it, W3 think it most ob- 
jectionable. 

Whether regard be had to the n?,ture or the 
terms of the Constitution, or to the legislation 
of Congress during the insurrection, or to the 
course of the judicial department, or to the con- 
duct of the executive, the undersigned confi- 
dently submit that the southern States are 
States in the Union, and entitled to every right 
and privilege belonging to the other States. If 
an}' portion of their citizens be disloyal, or are 
not able to take any oath of office that has been 
or may be constitutionally prescribed, is a ques- 
tion irrespective of the right of the States to be 
represented. Against the danger, whatever 
that may be, of the admission of disloyal or dis- 
qualified members into the Senate or House, it 
is in the power of each branch to provide against 
by refusing such admission. Each by the Con- 
stitution is made the judge of the election re- 
turns and qualifications of its own members. 
No other department can interfere with it. Its 
decision concludes all others. The only correc- 
tive, when error is committed, consists in the re- 
sponsibility of the members to the people. But 
it is believed by the undersigned to be the clear 
duty of each house to admit any Senator or Kep- 
resentative who has been elected according to 
the constitutional laws of the State, and who is 
able and willing to subscribe the oath required 
by constitutional law. 

It ia conceded by the majority that " it -vould 



REPORTS ON RECONSTRUCTION. 



101 



undoubtedly be competent for Congress to waive 
all formalities, and to admit those Confederate 
States at once, trusting tliat time and experience 
would set all things right." It is not, therefore, 
owing to a want of constitutional power that it 
is not done. It is not because such States are 
not States with republi .an forms of government. 
The exclusion must therefore rest on considera- 
tions of safety or of expediency alone. The first, 
that of safety, we have already considered, and, 
as we think, proved it to be without foundation. 
Is there any ground for the latter expediency ? 
We think not. On the contrary, in our judg- 
ment, their admission is called for by the clearest 
expediency. Those States include a territorial 
area of 850,000 square miles, an area larger than 
that of five of the leading nations of Europe. 
They have a coast line of 3.000 miles, with an 
internal water line, including the Mississippi, of 
about 36,000 miles. Their agricultural products 
in 1850 were about $560,000,000 in value, and 
their population 9,664,656. Their staple pro- 
ductions are of immense and growing importance 
and are almost peculiar to that region. That iho 
North is deeply interested in having such a 
country and people restored to aU the rights and 
privileges that the Constitution affords no sane 
man, not blinded b}'' mere party considerations, 
or not a victim of disordering prejudice, can for 
a moment doubt. Such a restoration is also neces- 
sary to the peace of the country. It is not only 
important but vital to the potential wealth of 
which that section of our country is capable, 
that cannot otherwise be fully developed. Every 
hour of illegal political restraint, every hour the 

Possession of the rights the Constitution gives is 
enied, is not only in a political but a material 
sense of great injury to the North as well as to 
the South. The southern planter works for his 
northern brethren as well as for himself. His 
labors heretofore inured as much if not more to 
their advantage than to his. Whilst harmony 
in the past between the sections gave to the whole 
a prosperity, a power, and a renown of which 
every citizen had reason to be proud, the resto- 
ration of such harmony will immeasurably in- 
crease them all. Can it, will it be restored as 
long as the South is kept in political and dishon- 
oring bondage? and can it not, will it not be re- 
stored by an opposite policy ? By admitting her 
to all the rights of the Constitution, and by deal- 
ing with her citizens as equals and as brothers, 
not as inferiors and enemies, such a course as 
this will, we are certain, soon be seen to bind 
them heart and soul to the Union, and inspire 
them with confidence in its government, by 
making them feel that all enmity is forgotten, and 
that justice is being done to them. The result of 
such a policy, we believe, will at once make us 
in very truth one people, as happy, as prosper- 
O'cs, and as powerful as ever existed iu the tido 



of time; while its opposite cannot fail to keep, 
us divided, injuriously atl'oct the particular and 
general welfare of citizen and Government, and, 
if long persisted in, result in danger to the nation. 
In the words of an eminent British whig states- 
man, now no more, "A free constitution and 
large exclusions from its benefit cannot subsist 
together; the constitution will destroy them, or 
they will destroy the constitution." It is hoped 
that, heeding the warning, we will guard 
against the peril by removing its cause. 

The undersigned have not thought it neces- 
sary to examine into the legality of the measures 
adopted, either by the late or the present Pres- 
ident, for the restoration of the southern States. 
It is sufficient for their purpose to say that, if 
those of President Johnson were not justified by 
the Constitution, the same may at least be said 
of those of his predecessor. We deem such an 
examination to be unnecessary, because, however 
it might result, the people of the several States 
who possessed, as we have before said, the ex- 
clusive right to decide for themselves what 
constitutions they should adopt, have adopted 
those under which they respectively live. The 
motives of neither President, however, whether 
the measures were legal or not, are liable to 
censure. The sole object of each was to effect 
a complete and early union of all the States , 
to make the General Government, as it did at 
first, embrace all, and to extend its authority 
and secure its privileges and blessings to all 
alike. The purity of motive of President John- 
son in this particular, as was to have been ex- 
pected, is admitted by the majority of the 
committee to be beyond doubt ; for, whatever 
was their opinion of the unconstitutionality of 
his course, and its tendency to enlarge the ex- 
ecutive power, they tell us that they " do nol 
for a moment impute to him any such design 
but cheerfully concede to him the most patriotic 
motives." And we cannot forbear to say, in 
conclusion, upon that point, that he sins against 
light, and closes his eyes to the course of thf. 
President during the rebellion, from its incep- 
tion to its close, who ventures to impeach hie 
patriotism. Surrounded by insurrectionists, he 
stood firm. His life was almost constantly in 
peril, and he clung to the Union, and discharged 
all the obligations it imposed upon him, even 
the closer because of the peril. And now that 
he has escaped unharmed, andby theconfidenca 
of the people has had devolved upon him the 
executive functions of the Government, to charge 
him with disloyalty is either a folly or a slander; 
folly in the fool who believes It ; slander in 
the man of sense, if any such there be, whc 
utters it. 

Reveedt JoHNsoy, 
A. J. Rogers, 
Henry Geideb. 



"VIII. 



TOTES ON PROPOSED CONSTITUTIONAL AMENDMENTS. 



The Constitutional Amendment, as Finally 

Adopted and Submitted to the Legislatures 

of the States. 

In Senate. 

1866, June 8 — The Amendment in these words, 
afi finally amended, rvas brought to a vote: 
Joint resolution projrdng an amendment to the 
Constitution of the United States. 

Resolved by the Senate and House of Hcprc- 
pentatives of the United States of America in 
Congress assembled, (two-thirds of both Houses 
concurring,) That the following article be pro- 
posed to the legislatures of the several States 
as an amendment to the Constitution of the 
United States, which, when ratified by three- 
fourths of said legislatures, shall be valid as 
part 01 the Constitution, namely : 

Article 14. 

Section i. All persons born or naturalized in 
the United States, and subject to the jurisdic- 
tion thereof, are citizens of the United States 
and of the State wherein they reside. No State 
ehall make or enforce any law which shall 
abridge the privileges or immunities of citizens 
of the United States; nor shall any State de- 
prive any person of life, liberty, or property, 
without due process of law, nor den}' to any per- 
son within its jurisdiction the equal protection 
of the laws. 

Sec. 2. Representatives shall be apportioned 
among the several States according to their res- 
pective numbers, counting the whole number of 
persons in each State, excluding Indians not 
taxed. But when the right to vote at any elec- 
tion for the choice of electors for President and 
Vice-President of the United States, representa- 
tives in Congress, the executive and judicial 
officers of a State, or the members of the legis- 
lature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years 
of age, and citizens of the United States, or in 
any way abridged, except for participation in 
rebellion or otlior crime, the basis of representa- 
tion therein shall be reduced in the proportion 
which the number of such male citizens shall 
bear to the whole number of male citizens twenty- 
one years of age in such State. 

Sec. 3. No person shall be a senator or rep- 
resentative in Congress, or elector of President 
and Vice-President, or hold any office, civil or 
military, under the United States, or under any 
State, who, having previously taken an oath, as 
a member of Congress, or as an officer of tlie 
United States, or as a member of any State le- 
gislature, or as an executive or judicial officer of 
any State, to support the Constitution of the 



tion or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Con- 
gress may, by a vote of two-thirds of each 
house, remove such disability. 

Sec. 4. The validity of the public debt of the 
United States, authorized by law, including 
debts incurred for paj'ment of pensions and 
bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But nei- 
ther the United States nor any State shall as- 
sume or pay any debt or obligation incurred in 
aid of insurrection or rebellion against the Uni- 
ted States, or any claim for the loss or emanci- 
pation of any slave; but all such debts, obliga- 
tions and claims shall be held illegal and void 

Sec. 5. The Congress shall have power to en- 
force, by appropriate legislation, the provisions 
of this article. 

It passed — yeas 33, nays 11, as follow: 

Yeas — Messrs. Antliouy, Chandler, CInrk, Conncss, Cra- 
(riu, Oreswell, Eilmuiuls. Fesscnden, Foster, Grimes, Harris. 
HeiifliT.-Dii, I 'owiird. Ilowe. Kiikwooil. Lane of Kansas. Lane 
of Indiana, Morgan, Morrill, Nye, Polmd, Pomeroy, Ram- 
sey, Sberniaii, Spragne, Stewart, Sumner, Trumbull, Wade, 
Willey, Williams, Wilson, Yates — 33. 

Nays — Messrs. Cowan, Davi:<, Doolittle, Guthrie, Hen- 
driclcs, Johnson, McDmigall, Norton, Middle, Saulsbury, 
Van Winkle— U. 

Absent — Messrs. Brown, Buchalew, Dixon, Ncsmith, 
Wright — 5. 

In House. 
June 13 — The Amendment passed — yeas 138, 
nays 36, as follow : 

Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. 
Ashley, James M. Ashley, Baker, l.lalduin, Biinks, Barker, 
Baxter, Beatiian, Benjamin, Bidwell, Bingham, Blaine, Blow, 
Boutwell, Brandegee, Bromwell, Broomall, Buekland, Biin- 
dy, Reader W. C'larkn, Sidney Clarke, Cobb. Conkliug, Cook, 
CuUom. Darling, Davis, Dawes. Defrees, Delano, Deming, 
Dixon, Dodge, Donnelly, Drigtcs. Diimont, Eokley, Kggleston, 
liJiot, Faruswiirth, Farcjuhar, Ferry, (larfield, Grinnell, Gris- 
wold. Hale, AbuerC. llirdiiig, Hart, Hayes, Henderson, Hig- 
bv,nolme.-,II()niier, II. itc-hkiss,AsahelW. Hubbard,! liester 
D". Ilnhbard, Denias IInl.bard,.jr.,.John II. Hubbard, .James R. 
Hubbell, Hnllinrd, Iiigersoll, Jenckes, Julian, Kasson, Kel- 
ley, Kelso, Ketchani, Kuykendall, Laflin, Latham, George 
V. Lawrence, William Lawrence, Loan, Longyear, Lynch, 
llarston, Marvin, McChirg, McKee, McRuer, Mercur, Miller, 
Mdorhead, Moi-rill, Morris, Moulton, Myers, Newell, O'Neill, 
Orth, Paine, Patterson. Perliam, Phelps, Pike, Plants, Pome- 
roy, PricR, William 11. Uaudall, Raymond, Alexander H. 
Rice, John II. Rice, Rollins, Sawyer, Schenek, Scofield, 
Shellabarger, Sloan, Smith, Spalding, Stevens, Stilhvell, 
Thayer, Francis Thomas, John L. Thomas, Trowbridge, Up- 
son, Van Aernam, Burt Van Horn, Robert T. Van Horn, 
Ward, Warner, Ellihu B. Washburiie, Henry D. Washburn, 
k\illiani B. Washburn, Wellier, Wonfworth, Whalcy, Wil- 
liams, J.imcs F. Wil.son, Stephen F. Wilson, Wiudom, Wood- 
brldgo, tho Speaker — 108. 

Nays — Messrs. Ancima. Bergen, Boijer, Chanler, Coffroth, 
Dawson, Venison, Eldridge, Pinch, Glossbrenner, Glider, 
Aaron Harding, llofian, Edirin iV. IIu>)hrU,.Iuiiii'x M. Ham- 
jihrey, Johnson, Kirr, Le lilonil, Mars/uill, Jli'Cull'Uir/lt, 
A'dilach; Aicholson, liadfonl. Si mud J. Randnll, jiitter, 
h'ogers, Ross, Shanklin, Sitgrenres, Strouse, Taber, Taylor, 
Thornton, Trimhlr, H'in/tfld, Wright — 36. 

Not votino — Messrs. Culver, Goodyear, ITarris, Hill, 
Jamea lumphrey, Jones, Mclndoo, iVbeii, Rousseau, Starr— 
10. 

102 



TOTES ON CONSTITUTIONAL AMENDMENTS. 



103 



Proliminary Proceedings. 
Prior to the adoption of the joint resolution 
in the form above stated, these reports were 
made from the Joint Committee, and these votes 
were taken in the two Houses : 
In House. 
April 30 — Mr. Stevens, from the Joint Select 
Committee on Reconstruction reported a joint 
resolution, as follows : 

A joint resolution proposing an amendment 

to tlie Constitution of the United States. 
Be it resolved, &c., (two-thirds of both Houses 
concurring,) That the following article be pro- 
posed to the legislatures of the several States as 
an amendment to the Constitution of the United 
States, which, when ratified by three-fourths of 
paid legislatures, shall be valid as part of the 
Constitution, namely : 

Article — . 
Sec. 1. No State shall make or enforce any 
law which shall abridge the privileges or immu- 
nities of citizens of the United States ; nor shall 
any State deprive any person of life, liberty, or 
property without due process of law, nor deny 
to any person within its jurisdiction the equal 
protection of the laws. 

Sec. 2. Representatives shall be apportioned 
among the several States which may be included 
within this Union, according to their respective 
numbers, counting the whole number of persons 
in each State, excluding Indians not taxed. But 
whenever in any State the elective franchise 
shall be denied to any portion of its male citizens 
not less than twenty-one years of age, or in any 
way abridged, except for participation in rebel- 
lion or other crime, the basis of representation 
in such State shall be reduced in the proportion 
which the number of such male citizens shall 
bear to the whole number of male citizens not 
less than twenty-one years of age. 

Sec. 3. Until the 4th day of July, in the 
year 1870, all persons who voluntarily adhered 
to the late insurrection, giving it aid and com- 
fort, shall be excluded from the right to vote for 
representatives in Congress and for electors for 
President and Vice-President of the United 
States. 

Sec. 4. Neither the United States nor any 
State shall assume or pay any debt or obligation 
already incurred, or which may hereafter be in- 
curred, in aid of insurrection cr of war against 
the United States, or any claim for compensation 
for loss of involuntary service or labor. 

Sec. 5. The Congress shall have power to en- 
force, by appropriate legislation, the provisions 
of this article. 

Objection having been made to its being a 
special order for Tuesday, May 8, and every day 
thereafter until disposed of, Mr. Stevens moved 
a suspension of the rules to enable him to make 
ihat motion ; which was agreed to — yeas 107, 
nays 20. 

The N.\YS were: Messrs. Anemia. Bergen, Bnyer, Coffroth, 
Davjson, Eldridge, Finclc, Gridr.r, Aarmi Harding, James M. 
Humphrey, Latliam, Marshall, NUdacl; NirJtoUon, Ritter, 
Ross, Slroiise, Taylor, Tliornton, Winjidd — 20. 

May 10 — Mr. Stevens demanded the previous 
question ; which was seconded, on a count, 85 
to 57 ; and the main question was ordered — 
yeas 84, nays 79, as follow : 



Yea?— Messrs. Allison, Ames, Anderson, Ranks, Baxter, 
Bidwell, Boutwc'U, Broiiiwell, Brooiiiall. I'/inidn; Kfad.T W. 
Clarke, Sidney Clarke, Cobb, Coiiklinpr. Coolc , Di-tVccs, Dixon, 
Driggs, Duniont, Eckloy, EfcglesUin, Eldn'dgr, Klict, Grider, 
Grinnell. Aaron Harding, Abner C. Harding, Harris, Hart, 
Higby, Holmes, Hooper, Ilotclikiss, Asaliel W. Hubbard, 
Demas Hubbard, Ingersoll, Julian, Keiley. Kelso, Aerr, Wil- 
liam liawrence, Le Blond, Loan, Lynch, Marston, MoClurg, 
McCullniii/k, Mclndoe, Mercur, Morrill, Monlton, NihlacU, 
O'Neill, Orth, Paine, Patterson, Perham, Pike, Prii^e, .Tohn II 
Rice, Ritter. Rogers, Rollins, Ross, Rousseau, Sawyer, 
Sc'honck, ?cofield, ShaiikUn. Shellabargar, Spalding, Stevens, 
Francis Thomas, John L. Thomas, Thornton, Trowbridge, 
Upson, Ward, EUihu B. Washburno, Welker, James T. Wil- 
son, Stephen F. Wilson, Windom, Woodbridge — 84. 

Nats — Messrs. Alley, Ancana, Delos R. Ashley, James M. 
Ashley, Baker, Baldwin, Barker, Beaman, Benjamin, Bergen, 
Bingham, Blaine, Blow, Boyer, Bnckland, Bundy, Coffroih, 
Cullom, Darling, Davis, Dawes, Dawson, Delano, Deming, 
Dodge, Donnelly, Farnsworth, Ferry, Finck, Garfield, Gloss- 
brenn-er, Goodyear, GriswolJ, llayes, Henderson, Chester D. 
Hubbard, James R. Ilubbell, Ilulburd, James Humphrey, 
Jenckes, Kasson, Ketcham, Knykendall, Latlin, Latham, 
George V. Lawrence, Longyear, Marshall, McKee, Mcllner, 
Miller, Moorhead, Morris, Myers, Newell, Phelps, Plants, 
Radford, Samiiel J. Randall, Will, am H. Randall, Raymond, 
Alexander H. Rice, Sitr/reaves , omith, Stillwell, Strouse, 
Taber, Taylor, Thayer, Trimble. Burt Van Horn, Robert T. 
Van Horn, Warner, Henry D. Washburn, William B. Wash- 
burn, Whaley, Williams, Winfitld, Wright — 79. 

The joint resolution, as above printed, then 
passed — yeas 128, nays 37, as follow : 

Yeas — Messrs. Alley, Allison, Ames, Anderson, Delos R. 
Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, 
Baxter, Beaman, Benjamin, Biilwcll, Bingham, Blaine. Blow, 
Bintwell. Bromwell. Broomall, Buckland, Bundy, Reader 
W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, 
Darling, Davis, ijawes, Defrees, Delano, iteming, Dixon, 
Dodge, Donnelly, Driggs, Dumont, Ecklcy, Egglcston, Eliot, 
Farnsworth, Ferry, Garfield, Grinnell, Griswold, Abner C. 
Harding, Hart, llayes, Henderson, lligliy, Ihdmes. Hooper, 
Hotchkiss, Asahel W. Hubbard, Chester i>. Hubbard, Demaa 
Hubbard, James R. Ilubbell, Ilulburd, Janus Humphrey, 
Ingersoll, Jenckes, Julian, Kasson, Keiley, Kelso, Kctoham, 
Kuykendall, Laflin, George V. Lawrence, William Lawrence, 
Loan, Longyear, Lynch, Marston, McClurg, Mclndoe, Mc- 
Kee. McRuer, Mercur, Miller. Moorhead, Morrill, Morris, 
Monlton, Myers, Newell. O'Neill, Orth, Paine, Patterson, 
Perham, Pike, Plants, Price, William H. Randall, Raymond, 
Alexander H. Rice, John II. Rice, Rollins, Sawyer, Schenck, 
Scofield, Shellabarger, Spalding, Stevens, Stillwell, Thayer, 
Francis Thomas, John L. Thomas, Trowbridge, Upson, Van 
Aernam, Burt Van Horn, Robert T.Yan Horn, Ward, War- 
ner, Ellihu B. Washburne, Henry D. Washburn, WilliamB. 
Washburn, Welker, Williams, James F. Wilson, Stephen F. 
Wilson, Windom, Woodbridge, the Speaker — 128. 

Nats — Messrs. Ancona, Bergen, Boyer, Chanter, Coffrotli, 
Dawson, Eldridge. Finck, Glossbrenner , Goodyear, Grider, 
Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, 
McCuUough, Niblack, Phislps, Radford, Samuel J. Rardall, 
Ritter, Rogers, Ross, Rousseau, Slianklin, Silgreaves, Smith, 
Strouse, Taber, Taylor, Thornton, Trimble, Whaley, WLnfield, 
Wright— 61. 

The amendments of the Senate were mv/le to 
this proposition, when it was finally adopted by 
each House, in the form first stated. 

The Accompanying Bills. 

April 30 — Mr. Stevens, from the same com- 
mittee, also reported this bill : 
A Bill to provide for restoring the States lately 

in insurrection to their full political rights. 

Whereas it is expedient that the States lately in 
insurrection should, at the earliest day consistent 
with the future peace and safety of the Union, 
be restored to full participation in all political 
rights ; and whereas the Congress did, by joint 
resolution, propose for ratification to the legis- 
latures of the several States, as an amendment to 
the Constitution of the United States, ua articlo 
in the following words, to wit: 

[For article, see page 102.] 

Now, therefore, 

Be it enacted, &c., That whenever the abovo- 
recited amendment shall have become part of tlid 



104 



POLITICAL MANUAL. 



and qualified, may, after having taken the re- 
quired oaths of office, be admitted into Congress 



Constitution of the United States, and any State 
lately in insurrection shall have ratified the same, 
and shall have modified its constitution and laws 
in conformity therewith, the Senators and Rep- 
resentatives from such State, if found duly elected 

d qua"'" 

ired o; 
as such. 

Sec. 2. And be it further enacted, That when 
any State lateh' in insurrection shall have rati- 
fied the foregoing amendment to the Constitu- 
tion, any part of the direct tax under the act of 
August 5, 1861, which may remain due and un- 
paid in such State may be assumed and paid by 
such State ; and the pay ment thereof, upon proper 
assurances from such State to be given to the 
Secretary of the Treasury of the United States, 
may be postponed for a period not exceeding ten 
years from and after the passage of this act. 

April 30 — Mr. Stevens, from the same com- 
mittee, also reported thio bill : 
A Bill declaring certain persons ineligible to 

ofiice under the Government of the United 

States. 

Be it enacted, &c., That no person shall be 
eligible to anj^ office under the Government of 
the United States who is included in any of the 
following classes, namely : 

1. The president and vice president of the 
confederate States of America, so called, and the 
heads of departments thereof. 

2. Those who in other countries acted as 
agents of the confederate States of America, so 
called. 

3. Heads of Departments of the United 
States, officers of the army and navy of the 
United States, and all persons educated at the 
Military or Naval Academy of the United States, 
judges of the courts of the United States, and 
members of either House of the Thirty-Sixth 
Congress of the United States who gave aid or 
comfort to the late rebellion. 

4. Those who acted as officers of the con- 
federate States of America, so called, above the 
grade of colonel in the army or master in the 
navy, and any one who, as Governor of either 
of the so-called confederate States, gave aid or 
comfort to the rebellion. 

5. Those who have treated officers or soldiers 
or sailors of the army or navy of the United 
States, captured during the late war, otherwise 
than lawfully as prisoners of war. 

Neither of those bills has been voted on up to 
the time this page goes to press. 

Tho Negatived Amendment on Representation 
and Direct Taxes. 

In House. 

January 22, 1866 — Mr. Stevens reported this 
proposition from the Joint Select Committee: 

Resolved, <fec., (two-thirds of both Houses con- 
cnrring,) That the following article be proposed 
to the legislatures of the several States as an 
amendment to the Constitution of the United 
States ; which, when ratified by three-fourths of 
the said legislatures, shall be valid as part of 
said Constitution, namely: 

Ar.TicLE ^-. Representatives and direct taxes 
shall be apportioned among the several States 



which may be included within this Union, ac- 
cording to their respective numbers, counting 
the whole number of persons in each State, ex- 
cluding Indians not taxed : Provided, Thatwhen- 
ever the elective franchise shall be denied or 
abridged in any State on account cf race or 
color, all persons of such race or color shall bo 
excluded from the basis of representation. 

Mr. Stevens moved to insert the word " there- 
in " after the word " persons " where it last oc- 
curs. 

Sundry propositions of amendment were of- 
fered, and 

January 30 — The report was recommitted, 
without instructions — the motion of Mr. Le 
Blond to commit it to the Committee of the 
Whole having been lost, yeas 37, nays 133. 
(Messrs. McRuer and Rousseau and 35 Demo- 
crats made up the affirmative vote.) 

The Negatived Constitutional Amendment oa 

Representation. 

In House. 

January 31,1866 — Mr. Stevens reported from 
the Committee on Reconstruction this joint reso- 
lution: 

Joint Resolution proposing to amend the Con- 
stitution of the United States. 

Resolved, &c., (two-thirds of both Houses con- 
curring,) That the following article be proposed 
to the legislatures of the several States as an 
amendment to the Constitution of the United 
States, which, when ratified by three-fourths of 
said legislatures, shall be valid as part of said 
Constitution, namely : 

Article — . 

Representatives shall be apportioned among 
the several States which may be included within 
this Union according to their respective num- 
bers, counting the whole number of persons in 
each State, excluding Indians not taxed : Pro- 
vided, That whenever the elective franchise shall 
be denied or abridged in any State on account 
of race or color, all persons therein of such race 
or color shall be excluded from the basis of rep- 
resentation. 

Mr. Schenck submitted this as a substitute for 
the "Article:" 

Representatives shall be apportioned among 
the several States which may be included within 
this Union according to the number of male citi- 
zens of the United States over twenty-one years 
of age having the qualifications requisite for 
electors of the most numerous branch of the 
State legislature. The Congress, at their first 
session after the ratification of this amendment 
by the required number of States, shall provide 
by law for the actual enumeration of such 
voters ; and such actual enumeration shall be 
separately made in a general census of the pop- 
ulation of all the Slates within every subsequent 
term of ten years, in such manner as the Con- 
gress may by law direct. The number of Repre- 
sentatives shall not exceed one for every one 
hundred and twenty-five thousand of actual 
population, but each State shall have at least 
one Representative. 

Mr. Schenck's substitute was disagreed to— 
yeas 29, nays 131, as follow : 



VOTES OX CONSTITUTIONAL AMENDMENTS. 



105 



Tfa!j — Messrs. Anderson, Bronnvell, Biimly, Rcador W. 
Clarlio. Siilney Clurku, Uarliuir, Davis, Defrces, Furnswortli, 
AbnfT C. IlarJinc, llayrs, Hill, Chester D. Unbb.ird, .lames 
li. Uubbell, Jas. Humphrey, Inc;ersoll, Knykenrlall, AViliiam 
Lawrence, Marshall, McCulkiugh, Miller, Orth, I'ike. Ross, 
Sch"nck, Shellabarcer, Sloan, Thornton, Van Horn — 29. 

Nays — Jlessrs. Alley. Allison, Ames, James M. Ashley, 
Bakor. Banks, Barker, Baxter, Beaman, Benjamin, Jjertjen, 
Cidwell, Bingham, Blaine, Blow, Boutwell. Buyer, Bi'andc- 
gee. Brooks, Broomall, Buckland. Cliankr, Cobb, Conkling, 
Cook, Cnllom, Dawes, Dawson. Delan'i, DeniiDc. Denisnn, 
Dixon, Donnelly, Eckley, Eg?;lcston, EUlridgf., Eliot, Far- 
qnhar. Ferry, Finclc, Garfield, Grider, Grinnell, Oriswold, 
IJale, Anron Harding, Harris, Hart, Hi:gan, Holmes, 
Hooper. Hotchkifs, Asahel W. Hiibb,ard, Demas Hubbard, 
jr., John U. Hubbard, Ediuin N. HubbcU, Ilulburd, James 
J/. Humphrey, Jenckes, Johnson, Julian, Kasson, Kellcy, 
Kelso. Kerr, Ketcliam, Laflin, Latham, Geor^;o V. LaVrence, 
Ln Blond, Lonjryear, Lynch, Marston, JIarvin, McClurg, 
Mclndoe, McKee, Mercur, Moorhead, Morrill, Morris, Moul- 
ton, My-jrs, NiUack, S\Hcholson,A'oeJI,0''Nei\], Paine, Patter- 
son, I'erhani, Phelps, Plants, Pomeroy, Price, Sanuiel J. 
Randall, William H. Randall, Alexander H. Rice, John H. 
Kice, Ritter, Rogers, Rollins, Sawyer, ScofioM, Shanldin, 
?n)ith, Spalding, Starr, Stevens, Strouse, I'aber, Tai/lur, 
Thayer, Francis Thomas, John L. Thomas, jr., Trimble, 
Upson, Van Aei"uam, Burt Van Horn, Voorhees, "Ward, 
Warner, Ellihu B. Washburne, William B. W,ashburn, 
Welker, Weutworth, Whaley, Williams, James F. Wilson, 
Steiihen F. Wilson, Windom, Wright— Vol. 

The joint resolution, as reported, was then 
agreed to — yeas 120, nays 46, as follow : 

Yeas — Messrs. Alley, Allison, Ames, Anderson, James M. 
Ashley, Baker, Banks, Barker, Baxter, Beamau, Benjamin, 
Bidwell, Bingham, Blaine, Biow, Boutwell, Braudegee, 
Cromwell, Broomall, Buckland, Bandy, Reader W. Clarke, 
Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, 
Dawes, Delrees, Delano, Doming, Dixon, Donnelly, Eckley^ 
Eggieslon, Farnsworth, Farquhar, Ferry, Garfield, Grmnell, 
Giiswold, Abner C. Harding, Hart, Hayes, Hill, HoUnes, 
Hooiier,Hotchkiss, Asahel W. Hiibbard,Chcstern. Hubbard, 
Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, 
Hulburd, Jas. Hiunphrey, Ingersoll, Julian, Kasson, Kelley, 
Kelso, Ketcham, Kuykendall, Laflin, George V. Lawrence, 
William Lawrence, Lougycar, Lynch, Marston, Marvin, 
McClurg, McLidoo, McKee, Mercur, Miller, Moorhead, Mor- 
rill, Morris, Moultou, Myers, O'Neill, Orth, Paine, Patterson, 
Perham, Pike, Plants, Pomeroy, Price, Alexander H. Rice, 
John H. Rice, Rollins, Sawyer, Schenck, Scolicld,Shellabar- 
gcr, Sloan, Spalding, Starr, Stevens, Stillweil, Thayer, 
Francis Thomas, John L. Thomas, jr., Upson, Van Aernaro, 
Burt Van Horn, Robert T. Van Horn, Ward, Warner, 
Ellihu B. Washburne, William B. Washburn, Welker, Weut- 
worth, Williams, James F. Wilson, Stephen F. Wdsou, Win- 
dom, Woodbridge — 120. 

Nays — Messrs. Baldwin, Bergen, Boyer, Brooks, Chanter, 
Dawson, Benison, Eldridge, Eliot, Tinck, Grider, Hale, 
Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James 
M. Humphrei), Jenckes, Johnson, Kerr, Latham, Le Blond, 
Marshall, McCullough, Niblack, Nicholson, Kotll, Phelps, 
Samuel J. Randal'., William II. Randall, Raymond, JRiUcr, 
Rogers, Ross, Rousseau, Shanklin, Sitgreaves, izmilh, SIrouse, 
Ibiier, Taylor, Thornton, Trimble, Voorhees, Whaley, WriglU, 
—40. 

[Messrs. Driggs and Newell, February 1, stated 
they would have voted aye, it present.] 
In Senate. 

March 9, 1866— The resolution of the House 
was rejected — yeas 25, nays 22, as follow, (two- 
thirds being necessary :) 

Ye.4S — Messrs. Anthony, Chandler, Clark. Conness, Cragin, 
Cveswell, Fessendeu, Foster, Grimes, Harris, Howe, Kirk- 
■wood, Lane of Indiana, McDougall, Morgan, Morrill, Nye, 
Poland, llam-sey, Sherman, Sprague, Trumbull, Wado, Wil- 
liams, Wilson — 25. 

Nays— Messrs. Brown, Buokalew. Cowan, Dnins, Dixon, 
Doolittio, Guthrie, Henderson, Hendricks. Johnson, Lano of 
Kansas, JVesmilh, Norton, Pomeroy, Riddle, Saulsbury, 
Stettart, Stockton, Sumner, Van W'inkle, Willey, Yates — 22. 

Eeport on Privileges and Immunities of Citizens. 

In House. 
February 13, 1866 — Mr. Bingham reported 
from the Joint Reconstruction Committee, this 
joint resolution, which was re-committed and 
ordered to be printed : 



Joint Resolution proposing an amendraont to 
the Constitution of the United States. 

Resolved, &c., (two-thirds of both Houses con- 
curring,) That the following article be proposed 
to the legislatures of the several States as an 
amendment to the Constitution of the United 
States, which, when ratified by three-fourths of 
the said legislatures, bhall be valid as part ol 
said Constitution, viz: 

AETICLIl — . 

The Congress shall have power to make all 
laws which shall be necessary and proper to 
secure to the citizens of each State all privileges 
and immunitiss of citizens in the several States, 
and to all persons in the several States equal 
protection in the rights of life, liberty, and 
property. 

February 26 — Mr. Bingham reported it back, 
without amendment. 

February 28 — Mr. Eldridge moved that it lie 
on the table ; which was disagreed to — yeas 41, 
nays 110, as follow : 

Yeas — Messrs. Ancona, Bergen, Brooks, Chanler, Coffroth, 
Davis, Dawson, Denison, Eldridge, Find; Ghissbrenner, 
Goodyear, Grider, Oris weld. Halo, A . Harding, H'lgan, E. N. 
Hubbell, Kerr, Kuvkenda!', Meirshall, JIarvin, MrCulloug/i, 
Niblack, Nicholson, Noell, Phelps, S. J. RandnU, RiUcr, 
Rogers, Ross, RoxissesM, ShankI in, Sitgreaves, Si rouse, Taber, 
Taylor, Tliornton, Trimble, Winjield, Wrigid — il. 

N\YS — Messrs. Alley, Allison, Ames, AndersoUj Delos R. 
Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, 
Baxter, Benjamin, Bidwell, Bingham .Blaine, Blow. Bout- 
well, Braudegee, Broomall, Bueliland, Bundy, Reader W. 
Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar- 
ling, Defrees,Did.inn,Deming, Donnelly, Duniont, Eckley, Eg- 
gleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grin- 
nell, AbnerC. Harding, Hart, Hayes, Ilighy, Holmes, Hooper, 
Hotchkiss, Demas Hubbard, jr.. John 11. Hubliard, James 
R. Hubbeli,'Hulburd, James llumphrey, Ingt-rsoll,.Tenckes, 
Julian, Kelley, Kelso, Ketcham, Laflin, Latham, George V. 
Lawrence, William Lawnnce, Loan, Longyear, Lynch, 
Marston, McClurg, McKee, McRuer, Mercur, BloorheaJ, 
Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, 
Paine, Patterson, Perham, Pike, Price, Raymond, Alexander 
IL Rice, John H. Rice, Sawyer, Schenck, Shellabarger, 
Sloan, Spalding, Stevens, Thayer, Francis Thomas, John L. 
Thomas, jr., Trowbridge, Van Aernam. Biu't Van Horn, 
Warner, Ellihu B. Washburne, Henry D. Washburn, Wm. 
B. Washburn, Welker, Wentworth, Williams, James F. 
Wilson, Stephen F. Wilson, Windom, Woodbridge — 110. 

And on motion of Mr. Conkling, its further 
consideration was postponed until the second 
Tuesday in April. 

There was no further vote on it. 
In Senate. 

February 13 — Mr. Fessenden reported tho 
same resolution, which was laid over, and not 
again considered. 

Beport Concerning Tennessee. 

In House. 
March 5, 1866 — Mr. Bingham reported from 
the Select Joint Committee on Reconstruction 
this 

Joint Resolution concerning the State of Ten- 
nessee. 
Resolved, &c.. That whereas the people of 
Tennessee have made known to the Congress of 
the United States their desire that the consti- 
tutional relations heretofore existing between 
them and the United States may be fully estab- 
lished, and did, on the twenty-second day of 
February, eighteen hundred and sixty-five, by 
a large popular vote, adopt and ratify a consti- 
tution of government, republican in form and 



106 



POLITICAL MA^'UAL. 



not inconsistent with the Constitution and laws 
of the United Staios, and a State government 
has been organized under the provisions thereof, 
v;hich said provisions and the laws passed in 
pursuance thereof ]>roclaim and denote loyalt}^ 
to the Union ; and whereas the people of Ten- 
nessee are found to be in a condition to exercise 
the functions of a State within this Union, and 
can only exercise the same by the consent of the 
law-making power of the United States : There- 
fore, the State of Tennessee is hereby declared 
to be one of the United States of America, on an 
equal footing with the otlier States, upon the 
express condition that the people of Tennessee 
will maintain and enforce, in good faith, their 
existing constitution and laws, excluding those 
who have been engaged in rebellion against the 
United States from the exercise of the elective 
franchise, for the respective periods of time 
therein provided for, and shall exclude the same 
persons for the like respective periods of time 
from eligibility to office; and the State of Ten- 
nessee shall never assume or pay any debt or 
obligation contracted or incurred in aid of the 
late rebellion ; nor shall said State ever in any 
manner claim from the United States or inake 
any allowance or compensation for slaves eman- 
cipated or liberated in any way whatever ; 
which conditions shall be ratified by the Legis- 
lature of Tennessee, or the people thereof, as the 
Legislature may direct, before this act shall take 
effect. 

The resolution was ordered to be printed, and 
was recommitted to the committee, and has not 
been voted on, up to the time this page goes to 
press. 

Payment of Rebel Debt. 

December 19, 1865 — Mr. James F. Wilson re- 
ported from the Committee on the Judiciary the 
following joint resolution to amend the Consti- 
tution of the United States : 

Be it resolved by the Senate and House of 
Representatives of the United States in Congress 
Ofsemblcd, (two-thirds of both Houses concur- 



ring,) That the following article be proposed to 
the legislatures of the several States .as an 
amendment to the Constitution of the United 
States, which, when ratified by three-lburtlis o! 
said legislatures, shall be valid to all intents 
and purposes as a part of said Constitution, 
namely : 

Article — . No tax, duty, or impost shall 
be laid, nor shall any appropriation of money 
be made, by either the United States, or any 
one of the States thereof, for the purpose of 
paying, either in whole or in part, any debt, 
contract, or liability whatsoever, incurred, made, 
or suffered by any one or more of the States, or 
the people thereof, fc»r the purpose of aiding re- 
bellion against the Constitution and laws of tho 
United States. 

Which was passed — yeas 151, nays 11, as fol- 
low : 

Yeas — Messrs. Alley, Allison, Ames, Anderson, James 51, 
Ashley, Ilaker, I'alil win. Banks, Barker, Baxter, Beaman, Ben- 
jamin, Jicrrjpn, Biihvcll, Bingham, Blow, Boutwell, Boyer, 
Braniiegee, Bromwell, Broomall,Bucklantl, Bundy, Chaiilrr, 
Header W. Clarke, Sidney Clarke, Cobb, Conklins, Cook, Cul- 
Iom,Darlin;^,D.i\ves,Defrees, Delano, Deming, Dixon, Donnel- 
ly, Driggs, Dumoiit, JOcklcy, Egglestou, Eliot. Farnsworth, 
i'arquhar, Ferry, Finck, Oailield, Grinnell, Griswold, Hale, 
Abiier C. Harding, Hart, Hayes, Henderson, Higby, Hill, 
Ilogan, Holmes, Hooper, Hotuhkiss, Asahel W. Hubbard, 
Chester D. Hiil)liard, Dem.is lluibard, jr., John H. Hubbard, 
James K. Ilubbell, Hulburd, Ingersoll, Jenckes, Jo/mson, 
Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kuykendall, 
Laflin, Latham, Geoige V. Lawrence, William Lawrence, 
Loan, Longyear. Lynch, Marshall, Marston, Marvin, Mc- 
Clurg, McKee, Melluer, Mercur, Miller, Morrill, Moultou, 
Myera, Newell, JViblacJc, Nodi, O'Neill, Orth, Paine, Patter- 
son, Perham. Phelps, Pike. Plants, Price, Jiadfrn% Samuel 
J. Mandall, WiUiiira II. Randall. Raymond, Alexander II. 
Rice, John H.Rice, Rollins, iios«,Rousseau, Sawyer, Schcnck, 
Scolield. Shellabarger, Siigrcaves, Sloan, Smith, Spaldiag, 
Starr, Stevens, Stillwell, Strnuse, Taber, Taylor, Thayer, 
Francis Thomas, John L. Thomas, Thornton, Trowbridge, 
Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, 
Voorltees, Ward, Warner, Ellihu B. Washhurne, William B. 
Washburn, Welker, Wentworth, Whaley, Williams, Jamea 
F. Wilson, Stephen F. Wilson, Windom, Wrigld—Vol. 

Nats — Messrs. Brooks, Denison, Eldridge., Grider, Aarmi 
ITarding, McCallough, A'icholson, Hitter, Rogers, Shanklin, 
Trimble— II. 

It was not acted on in the Senate ; but tho 
substance of it is included in the amendment no 
finally adopted. 



IX. 



MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, 

AND OF THE 

TELIRTY-ISrilsrTH CONaRESS, 



NAMES OF CLAIMANTS FROM THE INSUERECTIONAEY STATES. 



PRESIDENT JOHNSON'S CABINET. 

Secretary of Stale — William H. Seward, of New 
York. 

Secretary of Treasury — Hugh McCulloch, of 
Indiana. 

Secretary of War — Edwin M. Stanton, of Ohio. 

Secretary of Navy — Gideon Welles, of Connec- 
ticut. 

Postmaster General — William Dennison, of 
Ohio. 

Secretary of Interior — James Haelan, of Iowa. 

Attorney General — James Speed, of Kentucky. 

THISTY-NINTH CONGRESS. 
Senate. 

Lafayette S. Foster, of Connecticut, President 
of the Senate, and Acting Vice President. 

John W. Forney, of Pennsylvania, Secretary. 

il/ai/ie— William Pitt Fessenden, Lot M. Morrill. 

New Hampshire — Daniel Clark, Aaron H. Cra- 
gm. 

Vermont — Solomon Foot,* Luke P. Poland. 

Massachusetts — Charles Sumner, Henry Wilson. 

Rhode Island — Hbnry B. Anthony, William 
Sprague. 

Connecticut — James Dixon, Lafayette S. Foster. 

New York — Ira Harris, Edwin D. Morgan. 

New Jersey — William Wright, John P. Stockton.f 

Pennsylvania — Charles K. Buckalew, Edgar 
Cowan. 

Delaware — George Read Paddle, AVillard Sauls- 
bury. 

Maryland — John A. J. Creswell, Reverdy John- 
son. 

Ohio — John Sherman, Benjamin F. Wade. 

Kentucky — James Guthrie, Garrett Davis. 

Indiana — Henry S. Lane, Thomas A. Hendricks. 

Illinois — Lyman Trumbull, Richard Yates. 

* Died Maroli •28,1866. His successor, George F.Edmunds, 
qualified April 5, ISOB. 

t Voted — yeas 22, nays 21 — not entitled to a seat in the 
Benate, March 27, IS06. The vote on the amendment de- 
claring him not-enlitled was as loUow : 

YEAS-;-Mes^rs. Brown, Chandler, Clark, Conness, Cragin, 
Creswell, Fessenden. Grimes, Howard, Howe, Kirkwood, 
Lane^flndiana, Nye, Pomeroy, Ramsey, Sherman, Sprague, 
Sumner, VVado, Williams, Wilson, Yates — 22. 

N.iTS — Messrs. Anthony, Buckalew, Cowan, Davis, Doo- 
little, Guthni'., Harris, Henderson, Hendricks . Johnson , Lane 
of Kansas, McDouqall, Morgan, Nexmith, Norton, Poland, 
Riddle, Sauhbury, Xrumbull, Van Winkle, Willey— 21. 



Missouri — B.Gratz Brown, John B. Henderson. 

3Iichigan — Zachariah Chandler, Jacob M. How- 
ard. 

lovja — James W. Grimes, Samuel J. Kirkwood.* 

Wisconsin — James R. Doolittle, Timothy 0. 
Howe. 

California — John Conness, James A. McDougall. 

Minnesota — Daniel S. Norton, Alexander Ram- 
sey. 

Oregon — James W. Nesmith, George H. Wil- 
liams. 

Kansas — Samuel C. Pomeroy, James H. Lane. 

West Virginia — Peter G. Van Winkle, Waitmaa 
T. Willey. 

Nevada — James W. Nye, William M. Stewart. 

Senators Chosen from tho late Insurrectionary 
States. 

Alabama — Lewis E. Parsons, George S. Houston. 
.Ar/tansas— Elisha Baxter, William D. Snow. 
Florida — William Marvin, Wilkerson Call. 
Georgia — Alexander H. Stephens, Herschel V. 

Johnson. 
Louisiana — Randall Hunt, Henry Boyce. (R. 

King Cutler and Michael Hahn also claim 

under a former election in October, 1864.) 
Mississij>pi — William L. Sharkey, James L. 

Alcorn. 
North Carolina — William A. Graham, John 
^ Pool. 
South Carolina — Benjamin F. Perry, John L. 

Manning. 
Tennessee — David T. Patterson, Joseph S. Fowler. 
Texas — 
Virginia — John C. Underwood, Joseph Segar. 

MEMORANDUM. 

Mr. A. H. Stephens was a delegate from Geor- 
gia to the convention which framed the " Con- 
federate" constitution, and was Vice President 
of the " Confederacy " until its downfall. Mr. 
H. V. Johnson was a senator in the rebel con- 
gress in the first and second congresses, as was 
Mr. Graham, from North Carolina. Mr. Pool 
was a senator in the Legislature of North Caro- 
lina. Mr. Perry was a " Confederate States " 
judge. Mr. Manning was a volunteer aid to 

* Credentials presented January 20, 1866, und ho took hia 
seat January 24, 1S66. 

107 



108 



POLITICAL MANUAL. 



General Beauregard at Fort Sumter and Manas- 

eas. Mr. Alcorn was in the Mississippi militia. 
House of Representatives. 

Schuyler Colfax, of Indiana, Speaker. 

Edward McPlierson, of Pennsylvania, Clerk. 

Maine — John Lynch, Sidney Perhara, James G. 
Blaine, John II. Rice, Frederick A. Pike. 

Xi'evj Hampshire — Gilman Marston, Edward II. 
Rollins, James W. Patterson. 

Vermont — Frederick E. Woodbridge, Justin S. 
Morrill, Portus Baxter. 

Massachusetts — Thomas D. Eliot, Oakes Ames, 
Alexander H. Rice, Samuel Hooper, John B. 
Alley, Nathaniel P. Banks, George S. Bout- 
well, John D. Baldwin, William B. Washburn, 
Henry L. Dawes. 

Ehode Island — Thomas A. Jenckes, Nathan F. 
Dixon. 

Connecticut — Henry C. Deming, Samuel L. War- 
ner, Augustus Brandegee, John H. Hubbard. 

Neiv ro7-^— Stephen Taher, Teunis G. Bergen, 
James Humphrey*, Morra.n Jones, Nelson 
Taylor, Henry J. Raymond, John W.Chanler, 
James Brooksf, William A. Darling, William 
Radford, Charles H. Winfield, John H. Ketch- 
am, Edwin N. Hubbell, Charles Goodyear, 
John A. Griswold, Robert S. Hale, Calvin T. 
Hulburd, James M. Marvin, Demas Hubbard, 
Jr., Addison H. Laflin, Roscoe Conkling, Sid- 
ney T. Holmes, Thomas T. Davis, Theodore 
M. Pomeroy, Daniel Morris, Giles W. Hotch- 
kiss, Hamilton Ward, Roswell Hart, Burt Van 
Horn, James M. Humphrey, Henry Van 
Aernam. 

Keiv Jersey— John F. Starr, William A. Newell, 
Charles 'Sitgreaves, Andrew J. Rogers, Edwin 
R. V. Wright. 

Pennsylvania — Samuel J. Randall, Charles 
O'ISfeill, Leonard Myers, William D. Kelley, 
M. Russell Thayer, Benjamin M. Boyer, John 
M. Broomall, Sydenham E. Ancona, Thaddeus 
Stevens, Myer Strouse, Philip Johnson, Charles 
Denison, Ulysses Mercur, George F. Miller, 
Adam J. Glossbrenner, Alexander H. Cof- 
frothj, Abraham A. Barker, Stephen F. Wil- 
son, Glenni W. Scofield, Cliarles V. Culver, 
John L. Dawson, James K. Moorhead, Thomas 
Williams, George V. Lawrence. 
Delaware — John A. Nicholson. 
Maryland— lln^va. McCullough, John L. Thomas, 
Jr., Charles E. Phelps, Francis Tliomas, Ben- 
jamin G. Harris. 
Ohio — Benjamin Eggleston, Rutherford B 
Hayes, Robert C. Scnenck, William Lawrence 
Francis C. Le Blond, Reader W. Clarke, Sam 
uel Shellabarger, James R. Hubbell, Ralph P 
Buckland, James M. Ashley, Hezekiah S 
Bundy, William E. Fiock, Columbus Delano 
Martin Welker, Tobias A. Plants, John A 
Bingham, Ephrairn R. Eckley, Rufus P. Spald- 
ing, James A. Garfield. 
£«?i«uc%— Lawrence S. Trimble, Burwell C. 
Ritter, Henry Grider, Aaron Harding, Lovell 
H. Roasseau. Green Cbiv Smith, George S. 
Shanklin, William II. Rau Jail, Samuel McKeo. 



♦Died June 10, 1806. 

+ Ungeated Apiil 6, 1866, and William E. Dodge qualifieii. 
DB his successor. 

t Admitted to a Poat on prima fad t caso February 19, 1866. 

July 9.— Committee reijortej in fuvor of Wm. II. Koontz, 
contestant. 



Indiana -William E. Niblack, Michael C. Kerr. 
Ralph llill, John H. Farquhar, George W. 
Julian, Eber.ezer Dumont, Daniel W. Voor- 
hees,* Goalove S. Orth, Schuyler Colfax, 
Joseph H. Defrees, Thomas N. Stillwell. 

Illinois — John Wentworth, John F. Farnsworth, 
EUihu B. Washburne, Abner C. Harding, 
Ebon C. IngersoU, Burton C. Cook, Henry P. 
H. Bromwell, Shelby M. CuUom, Lewis W. 
Ross, Anthony Thornton, Samuel S. Marshall, 
Jehu Baker, Andrew J. Kuykendall, Samuel 
W. Moulton. 

Missouri — John Hogan, Henry T. Blow, Thomas 
E. Noell, John R. Kelso, Joseph W. Mc- 
Clurg, Robert T. Van Horn, Benjamin F. 
Loan. John F. Benjamin, George W. Anderson. 

Michigan — Fernando C. Beaman, Charles Up- 
son, John W. Longyear, Thomas W. Ferry, 
Rowland E. Trowbridge, John F. Driggs. 

loiua — James F. Wilson, Hiram Price, William 
B.Allison, Josiah B. Grinnell, Jolin A. Kas- 
son, Asahel W. Hubbard. 

Wisconsin — HalbertE. Paine, Ithamar C. Sloan, 
Amasa Cobb, Cliarles A. Eldridge, Philetus 
Sawyer, Walter D. Mclndoe. 

California — Donald C. McRuer, William Higby, 
John Bidwell. 

Minnesota — William Windom, Ignatius Don- 
nelly. 

Oregon — James H. D. Henderson. 

Kansas — Sidney Clarke. 

West Virginia — Chester D. Hubbard, George R. 
Latham, Kellian V. Whaley. 

Nevada — Delos R. Ashley. 

Members chosen in the lato Insurrectionary 
States. 

Alabama — C. C. Langdon, George C. Freeman, 
Gen. Cullen A. Battle, Joseph W. Taylor, B. 
T. Pope, Thomas J. Foster. 

Arkansas — William Byers, George H. Kyle, 
James M. Johnson. 

Florida— F. McLeod. 

Georgia — Solomon Cohen, Gen. Philip Cook, 
Hugh Buchanan, E. G. Cabaniss, J. D. Mat- 
thews, J. H. Chri'^ty, Gen. W. T. Wofford. 

Louisiana — Louis St. Martin, Jacob Barker, 
Robert C. Wickliffe, John E. King, John S. 
Ray. (Henry C. Warmoth claims seat as 
delegate, under universal suffrage election.) 

Mississippi — Col. Arthur E. Reynolds, Col. 
Richard A. Pinson, James T. Harrison, A. 
M. West, E. G. Peyton. 

North Carolina — Jesse R. Stubbs, Charles C. 
Clark, Thomas C. Fuller, Col. Josiah Turner, 
Jr., ■ Lewis Hanes. S. H. Walkup, Alex. H. 
Jones. 

South Carolina — Col. Jolm D. Kennedy, William 
Aiken, Gen. Samuel McGowan, James Farrow. 

Tennessee — Nathaniel G. Taylor, Horace May- 
nard, William B. Stokes, Edmund Cooper, 
William B. Campbell, Samuel M. Arnell, 
Isaac R. Hawkins, John W. Leftwich. 
Texas — 

Virginia — W. II. B. Custis, Lucius H. Chand- 
ler, B. Johnson Barbour, Robert Ridgway, 
Beverly A. Davis, Alex. II. II. Stuart, Robort 
Y. Conrad, Daniel H. Hoge. 



- unseated Fenrnary 28, 1866, and Henry D. Wasliliura 
qualified aa bis Buccessor; July 18, Mr. Koontz admitted. 



VOTES IN THE HOUSE ON REPOLUTIOITS. 



109 



MEMORANDUM. 

Of the Alabama delegation, Mr. Battle was a 
general in the rebel army, and Mr. Foster a 
representative in the first and second rebel con- 
gresses. 

Of the Georgia delegation, Messrs. Cook and 
Wofford were generals in the rebel service. 

Of the Mississippi delegatiou, Messrs. Rey- 
nolds and Pinson were colonels in the rebel 
service; Mr. Harrison was a member of the 
jebel provisional congress. 

Of the North Carolina delegation, Mr. Fuller 
was a representative in the first rebel congress, 
(md Mr. Turner was a colonel in the rebel army, 



and a representative in the second rebel con- 
gress; Mr. Brown was a member of the State 
convention which passed the secession ordinance 
in 1861, and voted for it. 

Of the South Carolina delegation, Mr. Ken- 
nedy was colonel and Mr. McGowan brigadier 
general in the rebel army ; Mr. Farrow was a 
representative in the first and second rebel con- 
gresses. 

Of the Virginia delegation, Messrs. Stuart 
and Conrad were members of the secession con- 
vention of Virginia, in 1861, and continued to 
participate after the passage of the ordinance 
and the beginning of hostilities. 



3C. 

VOTES IN THE HOUSE OF REPRESENTATIVES 

ON VAKIOUS POLITICAL DECLARATORY RESOLUTIONS. 



Payment of the Public Debt. 

December 5, 1865 — Mr. Samuel J. Randall 
offered this resolution : 

Resolved, That, as the sense of this House, 
the public debt created during the late rebellion 
was contracted upon the faith and honor of the 
nation ; that it is sacred and inviolate, and must 
and ought to be paid, principal and interest; 
that any attempt to repudiate or in any manner 
to impair or scale the said debt shall be univer- 
sally discountenanced, and promptly rejected by 
Congress if proposed. 

"Which was agreed to — yeas 162, nays 1, as 
follow : 

Yeas — Messrs. Alley, Allison, Ameg, Ancona, Anflerson, 
James M. Asliloy, Baker, BaUhviti, Bauks, Barker, Baxter, 
Beaniaii. Benjamin, Bergen, Bidwell, Bingham, Blaine, Clow, 
Boiitwell, Boi/er, Brandegee, Bromwoll, Broomall, Buck- 
land, Biindy, Clianler, Reader W. Clarke, Sidney Clarke, 
Cobb, Conkling, Cook, Culloni, Culver, Darling, Davis, 
Dawes, Daws')n, llef'rees, Delano, Deming, Denison, Dixon. 
Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farns- 
wortli, Farquhar. Ferry, Finck, Garfield, Glossbrcnner, 
Goodyear, Grinnell,Grisvvold, Ilale, AbnerC. Harding, Hart, 
Hayes, Headers m, Higby, Hill, Hngitn, Holmes, Hooper, 
Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, 
Demas Hubbard, Jr., John H. Hubbard, Edwin N. Huhhell, 
James R. Ilubbell, Hulburd, James Humphrey, yame*' J/. 
Hiimplireij, Ingersoll, Jeiiekes, Johnson, Julian, Kassoii, 
Kelley, ICelso, Kerr, Ketcham, Kuykeudall, Latliu. Latham, 
George V. Lawrence, William Lawrenee, loan, Longyear, 
Mai-ston, Marvin, McClurg, McOulloiir/h, Mclndoe, McKee, 
McRuer, Mercur, Miller, Moorhead, Jlorrill, Morris, Monl- 
ton, Myers, Newell, Niblaclc, Nicholson, Noell, O'Neill, Orth, 
Paiue, Patterson, Perliam, Plielps, Pike, Plants, Pomeroy, 
Vvice, Jiadford, SamuelJ. Randall, William H.Randall, 
Kaymoiid, Alexander H. Rico, Rogers, Rollins, Ross. Saw- 
yer, Sclienck, Soofield, Shanklin, Shellabarger, Silgreaves, 
Sloan, Smith, Spalding, Starr, Stevens, Stillwell, Strouse, 
Tuber, Thayer, Francis Thomas, John L. Thomas, jr., 
I7(0)-ntore,Trowliriilge, Upson, Burt Van Horn,Ward,Warncr, 
lEllihu B. Washburue, William B. Washburn, Welker, 
Wentworth. Whaley, Williams, Wilson, Windom, Winfieid, 
Wright— mz. 

Nay — Mr. Trimble. 

Not Voting — Messrs. Brooks, Eldridge, Grider, Aaroh, 
Harding, Le Blond, Lynch, Marshall, Jolin IL Rice, Ritter, 
Taylor, Van Aernam, R. X. Van Horn, S. F. Wilson, F. E. 
WoodUridge-^Ll. 



"Treason Ought to be Punished." 

December 14, 1865 — Mr. Henderson, of Ore- 
gon, submitted the following resolution : 

Resolved, That treason against the United 
States Government is a crime that ought to be 
punished. 

Mr. Hale moved it be laid on the table which 
was disagreed to ; and, under the previous ques- 
tion, it was then passed — yeas 15-3, nays none, 
as follow: 

Yeas — Messrs. Alley, Ames, Ancona, Anderson, James M. 
Ashley, Baker, Baldwin, Banks, Barker, Beaman, Benjamin, 
Bergi'n, Bidwell, Bingham, Blaine, Blow, Boutwell, lAyer, 
Bromwell, Brooks, Broomall, Buckland, Bundy, Reader W. 
Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar- 
ling, Davis, Dawes, Dawson, Defrees, Deming, Denison, Dixon, 
Donnelly, Driggs, Eckley, Eggleston, Ehlridge, Eliot, Far- 
quhar, Ferry, i''iMc/i,Gtoss6rc«Mer,G)-i(/e)', Gritiiioll.GriswoId, 
Halo, ^arorti/ardm^r, AbnerC. Harding, Harf, Hayes, Hen- 
derson, Higby, Hogan, Holmes, Hooper, Hotchkiss, Asahel 
W.Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John 
H. Hubbard, Edwin N. Ilubbell, James R. Hubbell, Hul- 
burd, James Humphrey, James M. Humphrey, Ingersoll, 
Jenclies, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, 
Ketcham, Kuykeudall, George V. Lawrence, William Law- 
rence, Le Blond, Loan, Longyear. Lynch, Marshall, M iston, 
Marvin, McClurg, McCullourjh, Mclndoe, McKee, McRuer, 
Mercur, Moorhead, Morrill, Morris, Mycr:, Nicholson, JVoell, 
O'Neill, Orth, Paine, Perham, Pike, Plants, Price, Radford, 
Samuel J. Randall, William II. Randall, Alexander H. Rice, 
John II. Rice, Ritter, Rogers. Rollins, Ros^:, Rousseau, Siw- 
yer, Scofleld. Shanklin, Shellabarger, Silgreaves, Sloan, 
Smith, Spalding, Starr, Stevens, Strouse, Taber, Taylor, 
Thayer.John L.Thomas, jr., T/mrnton, Trimble, Trowbridge, 
Upson, Van Aernam, Burt Van Horn, Vnorhees, Ward, War- 
ner, Elliliu B. Washburue, William B. Washburn, Welker, 
Wentworth, Whaley, Williams, James F. Wilson, Stephen F. 
Wilson, Windom, Winjield, Woodbridge — 153. 
Nays — None. 

Eepresentation of the late po-called Confed- 
erate States. 

December 14, 1865— Mr. James F. Wikon 
submitted this resolution : 

Resolved, That all papers which may be offer- 
ed relative to the representation of the late 
so-called Confederate States of America, or either 
of them, shall be referred to the joint committeo 



110 



POLITICAL MANUAL. 



ef fifteen without debate, and no members shall 
be admitted from either of said so-called States, 
until Congress shall declare such States or either 
of them entitled to representa.tion. 

Which was passed — yeas 107, nays 56, as fol- 
low: 

Yeas — Messrs. Alloy, Allison, Ames, Anderson, James M. 
Ashley, Baker, Iliilihvin. Banks, BarUei-, Baxter, Beauian, 
Benjamin, Biilwell, Binijliain, Blaine, Boutwell, Braudegee, 
Biomwell, Brooniall, lUukland, Biindy, Reader W. Clarke, 
Sidney Clarke, Cobb, Conkling, Cook, Cullom, Defrees, De- 
ruing,' Dixon, Donnelly, Driggs, Eckley, Eliot, Ferry, Grin- 
nell, Abner C. Harding, Hart, Hayes, Henderson, Higby, 
Uolmes. Hooper, Hotehlcisg, AsahelW. Hubbard, Chester D. 
Hubbard, Di-mas Hubbard, jr.. John H. Hubbard, Hulburd, 
IngersoU, Jenekes, Julian, Kelley, Kelso, Ketcham, Kuy- 
kendall, Lafiiu, George V. Lawrence, William Lawrence, 
Loan, Longyear, Marston, Marvin, McClurg, Mclndoe, Mc- 
Kee, McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, 
Myers, Newell, 0"Neill, Orth, Paine, Patterson, Perhaat, 
Pike, Plants. Price, Alexander H. Kice, John U. Rice, Rol- 
lins, Sawyer, Scofield, Shellabargor, Sloan, Spalding, Starr, 
Stevens. "Thr.yer, Trowbridge, Upson, Van Aernam, Burt 
Tan Horn, Ward, Warner, EUihu B. Washburne, William B. 
Washburn, Welker, Wentworth. Williams, James F.Wilson, 
Stephen F. Wilson, Windoui— 107. 

N.^ys — Messrs. ^tncnna, Bergen, Blow, Boyer, Broolcs, 
Darling, Davis, Daiuson, Denrson. Eldridge, Farquhar, Finck, 
G1ofsbrenner.Griilei;Gns\\o\d., Hale, Harding, \\i\\,Hiigan., 
Edwin N. HiihbeU,J;\me8 R. Hubbell, James Humphrey, 
James M. Humphrey, Johnson, Kasson, Kerr. Latham, Le 
Blond. Marshall, Niblack, Nicholson, Noell, Phelps, Rad- 
ford, Samuel J. Randall, William H. Randall, Raymond, 
Ritlcr, Rogers, Ross, Rousseau, Shanldin, Sitgreaves, Smith, 
Stillwell, 'Strouse, Taber, Taylor, Francis Thomas, John L. 
Thomas, jr., Thornton, Trimble, Toor/ices, 'Whaley, Winjield, 
Wright — 66. 

Elective Franchise in the States. 

December 18, 1865-^Mr. Thornton submitted 
this resolution : 

Whereas, at the first movement toward inde- 
pendence, the Congress of the United States in- 
structed the several States to institute govern- 
ments of their own, and left each State to decide 
for itself the conditions for the enjoyment of the 
elective franchise ; and whereas during the period 
of the confederacy there continued to exist a 
very great diversity in the qualifications of elec- 
tors in the several States ; and whereas the Con- 
Etitution of the United States recognizes these 
diversities when it enjoins that in the choice of 
members of the House of Representatives the 
electors in each State shall have the qualifications 
requisite for the electors of the most numerous 
branch of the State legislatures ; and whereas, 
after the formation of the Constitution, it re- 
mained, as before, the uniform usage of each State 
to enlarge the body of its electors according to 
its own judgment ; and whereas so fixed was the 
reservation in the habits of the people, and so 
unquestioned has been the interpretation of the 
Constitution, that during the civil war the late 
President never harbored the purpo-re, certainly 
never avowed the purpose, of disregarding it: 
Therefore, 

Resolved, That any extension of the elective 
franchise to persons in the States, either by act 
of the President or of Congress, would be an as- 
sumption of power wliich nothing in the Consti- 
tution of the United States would warrant, and 
that, to avoid every danger of conflict, the settle- 
ment of this question should be referred to the 
several States. 

Mr. EUihu B. Washburne moved that it be 
laid on the table ; which was agreed to — yeas 111, 
nays 4t3, as follow : 

Yeis — Mesara. Alley, AlliaoD, AmM, Anderson, James M. 



Ashley, Baker, Baldwin, Banks, Barker,' Baxter, Beamaa, 
Benjamin, Bidwell, Bingham, Blow, Boutwell, Braudegee, 
Broomall. Buckland, Bundy, Reader \V. Clarke, Sidney 
Clarke, Conkling, Cook, Darling, Uawes, Defrees, Ddauo, 
Deming, Di.xon, Driggs, Dumout, Eckley, Eggleston, Kliot, 
F.irnsworth, Garfield, Orinnell, Hale, Abner C. Harding, 
Hart, Haves, IL'ndirson, Higby, Holmes, Hooper, Hotchkiss, 
AsahelW. Ilulibanl, D.nias Hubbard, jr., John U. Hubbard, 
James R. Ilulilull, Hulburd, James Humphrey, Jenekes, 
Julian, Kelley, Kelso, Ketcham, Lafiiu, Latham, George V. 
L.awrence, William Lawrence, Loan, Longyear, Lynch, Mar« 
ston. Marvin, McClurg, Mclndoe, McKee, McRuer, Mercur, 
Miller, Moorheail, Morrill, Moulton, Myers, Newell, O'Neill, 
Paine, Patterson, Perham, Pike, Plants, Price, Raymond, 
Ale.Kander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, 
Scofield, Shellabarger, Spalding, Starr, Stevens, Tliayer, 
Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. 
Van Horn, Ward, Warner. Ellihn B. Washburne, William 
B. Washburn, Welker, Wet.tworth, Williams, James F. 
Wilson, Stephen F. Wilson— 111. 

N.^TS — yieisis.Ancona, Bergen, Boyer, Bromwell, Brooks, 
Chanler, Dawson, Denisnn, Eldridge, Farquhar, Finck, Good' 
year, Grider, Aaron Harding, Hill. Hngan, Chester I). 
Hubbard, Edwin D. Hubbell, IngevsoW.Jolu} son, Kerr, Kuy- 
keudall, Marshall, McCullough, Niblick, NichoUon, Noell, 
Orth, Radford, Samuel J. Randall, William H. Ratidall, 
Ritler, Rogers, Ross, Ronssea,a,Sha7iklin,Sitgreaocs, Smith, 
Stillwell, Strouse, Taber, Taylcrr, Thornton, Trim We, Whaley, 
Wright— ^Q. 

February 26, 1866 — Mr. Defrees offered this 
resolution, which was laid over : 

Resolved, That it is the opinion of this House 
that Congress has no constitutional right to fix 
the qualification of electors in the several 
States. 

May 21 — It was referred to the Cominittee on 
the Judiciary — yeas 86, nays 30. The nays 
were : 

Messrs. Ancona, Dawson, Defrees, Drnison, Eldridge, 
Glossbrenner, Goodyear, Grider, Aaron Harding, Hogan, 
Edwin N. Hubbell, James M. Humphrey, Kerr, Kuykeu- 
dall, George V. Lawrence, Le Blond, McCullough, Niblack, 
Nicliolson, Samuel J. Randall, Ritter, Rogers, Ross, Sit- 
greavts, Stillwell, Taber, Taylor, Henry D. Washburn, Win- 
jield, Wright— 30. 

Test Oath. 

December 18, 1865— Mr. Hill submitted this 
resolution : 

Resolved, That the act of July 2, 1862, pre- 
scribing an oath to be taken and subscribed by 
persons elected or appointed to office under the 
Government of the United States before enter- 
ing upon the duties of such ofiice, is of binding 
force and effect on all departments of the public 
service, and should in no instance be dispensed 
with. 

Mr. Finck moved that it be tabled ; which 
was disagreed to — yeas 32, nays 126, as follow : 

Yeas — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, 
Dawson, Denison, Eldriilge, Finck, Grider, Aaron Harding, 
Harris, Ho'/nn, Edwin N. Hubbell, Johnson, Kerr, Ijatham^ 
Marshall, McCullnwih, Niblack, Nicholson, Noell, Samuel J. 
RanUall, Rilfer, Riigir.<, Ross, Shanklin, Sitgreaves, Strouse, 
Taber, Thornton, Trimble— ii. 

Nays— Messrs. Alley, Allison, Ames, Anderson, James M. 
Xshley, Baker, Baldwin, Banks, Barker, Baxter. Beaman, 
Benjamin, Bidwell, Bingham, Blow, Boutwell, Braudegee, 
Bromwell, Broomall, ISuckland, Bundy, Reader W. Clarke, 
Sidney Clarke, Couklinx, Cook, Cullom, Darling, Davis, 
Dawes, Defrees, Driauo, Di-in^g, Dixou, Driggs, Dumout, 
Eggleston, Eliot, Fanisworth, Farquliar, Ferry, GaifirUl, 
Grinnell, Hale, Abner Harding, U.art, Hayes, llendeisnu, 
Higby, Hill, Holmes, Hooper, Hotclikiss, Asahel W. Hub- 
bard, Domas Hubbard, jr., John H. Hubbard, James R. 
Hubbell, Hulburd, James Humphioy, IngersoU, Jenekes, 
Julian, Kasson, Ke.lley, Kelso, Ketcham, Knykendall, Laf- 
iiu, George V. Lawrence, William Lawrence, Loan, Long- 
year. Lynch, Marston, Marvin, McClurg, Mclndoe, Mi Koo, 
McRuoi-, Mercur, Miller. .Mo(U-head, Morrill, Myers, Ncnvell, 
O'Neill, Orth. Paine, Patterson, Perham, Plielps, Pike, 
Plants, Price, William H. KandnU, Raymond, Alexander H. 
Rice, John II. Rico, R .llins, Rousseau, Sawyer, Schenck, 
t-cofi(dd, Shellab.arger, Smith, Spalding. Starr, Ste'-ens, 
Stillwell, Thayer, JohQ L. Thomas, Trowbridge, Upson, Van 



VOTES IN THE HOUSE OX RESOLUTIONS. 



Ill 



Aornam, Bnrt Tan Horn, Robert T. Van Horn, Ward, War- 
ner, Kllilin I!. Washburne, William B. Washljuni, Welker, 
IVentworth, Wlialoy, WilliaiuB, James F. Wilson, Stephen 
F. Wilson— 125. 

It. then passed. 

Test Oath for Lawyers. 

January 15, 1866 — Mr. Stevens offered this 
resolution: 

Resolved, That the Committee on the Judi- 
ciary be instructed to inquire into the expedi- 
ency of so amending the act of January 24, 1865, 
relative to the test oath, as to allow attorneys- 
at-law to practice tlieir profession without taking 
said oath' on an equal footing with the mem- 
bers of all other professions. 

Which was agreed to — yeas 82, nays, 77, as 
follow : 

Yeas — Messrs. Alley, Araes, Ancona, Bergen, Blow, Bnytr, 
Brooks, Buckland, Bundy, Chanler, Cobb, Cook, Darling, 
Davis, Dawson, Denuon, Dri.sgs, Eldridge, Farquliar, Ferry, 
Tinclc, Glosshrenner,Goodyear,Grider, Griswold, Hale, Aaron 
Harding, Abner C. Harding, Higby, Hill, Hngan, Hooper, 
John H. Hubbard, Edwin N. Uubhell, James R. Hubbell, 
James Humphrey, James M. Ilwnphrey, Ingersoll, Johnson, 
Kasson, A'err, Kuykendall, Latham, George V. Lawrence, 
Le Blond, Marshall, Marston, Marvin, McCullough, McRuer, 
Miller, Moorhead, Nihlack, Nicholson. Noell, Orth, Pheliw, 
Pike, Plants, Pomeroy, Price, Radford, Samuel J. Randall, 
Kaymond, Ritler, Rogers, Ross, Sawyer, Shanldin, Sitgreaves, 
Smith, Stevens, Stiilwell, Strouse, Taber, Taylor, Thayer, 
Francis Thomas, Thornton, TrimhU, Trowbridge, Winjkld — 
82. 

Nats — Messrs. Allison, Anderson, Delos R. Ashley, James 
M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Ben- 
jamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, 
BroMiwell, Reader W. Clarke, Sidney Clarke, Conkling, 
Davv-ps, Defrees, Delano, Deming, Dixon, Donnelly, Eck- 
ley, Eggleston, Eliot, Farnsworth, Grinnell, Hart, Hayes, 
Henderson, Holmes, Asahel W. Hubbard, Demas Hub- 
bard, jr., Hulburd, Jenckes, Julian, Kelley, Kelso, Laf- 
lin, AVilliam Lawrence, Loan, Lougyear, Lyneh, McClurg, 
McKee, Mercur, Morrill, Morris, Moulton, O'Neill, Paine, 
PerlKini, Randall, Alexander H. Rice, John H.Rice, Rollins, 
Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, 
.Tohn L. Thomas, jr., Upson, Van Aernam, Burt Van Horn, 
Ward, Ellihu B. Washburne, William B.Washburn, Welker, 
Williams, James F. Wilson, Windom, Woodbridge — 77. 

Endorsement of the President's Policy. 

December 21, 1865 — Mr. Voorhees submitted 
these resolutions, which were postponed till 
January 9, 1866 : 

Resolved, That the message of the President 
of the United States, delivered at the present 
Congress, is regarded by this body as an able 
and patriotic State paper. 

2. That the principles therein advocated for 
the restoration of the Union are the safest and 
most practicable that can now be applied to our 
disordered domestic affairs. 

3. That no State, or any number of States 
confederated together, can in any manner sunder 
their connection with the Federal Union, except 
by a total subversion of our present system of 
government; and that the President in enuncia- 
ting this doctrine in his late message has but 
given expression to the sentiments of all those 
who deny the right or power of a State to secede. 

4. That the President is entitled to the thanks 
of Congress and the country for his faithful, 
wise, and successful efforts to restore civil gov- 
ernment, law, and order to those States whose 
citizens were lately in insurrection against the 
federal authority ; and we hereby pledge our- 
selves to aid, assist, and uphold him in the policy 
which he has adopted to give harmony, peace, 
and union to the country. 



January 9 — Mr. Bingham offered this sub- 
stitute: 

Resolved, That this House has an abiding con- 
fidence in the Presideni, and that in the future, 
as in the past, he will co-operate with Congress 
in restoring to equal position and rights with 
the other States in the Union all the States lately 
in insurrection. 

Mr. Bingham moved to refer the resolutions 
and the substitute to the Committee on Pwecon- 
struction ; which was agreed to — yeas 107, naya 
42, as follow: 

Yeas — Messrs. Allison, Ames, Anderson,. Tames M. Ashley, 
Baker, Baldwin, Banks, Baxter, Braman, Benjamin, Bidwell, 
Bingham. Blaine, Boutwell, Brandegee, Bromwell, Broomall, 
Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, 
Conkling, Cook, Cullom, Davis, Dawes, Defree.><, Deming, 
Donnelly, Driggs, Eggleston, Eliot, Ferry, Garfield, Grin- 
nell, Hale, A. C. Harding, Hart, Hayes, Henderson, Iligby, 
Hill, Holmes, Hooper, Asahcl W. Hubbard, Cliester D. Hub- 
bard, John H.IIubHard, James R. Hubbell, Hulburd, Inger- 
soll, Jenckes, Jiilhin, Kelley, Kelso, Ketcham, Kuykendall, 
Laflin, Latham, William Lawrence, Loan, Longyear, Lynch, 
Marvin, McClurg, McKee, McRuer, Jlercur, Miller, Moor- 
head, Morrill, Morris, Moulton, Myers, NeweU. O'Neill, Orth, 
Paine, Patterson, Perham, Phelps, Pike, Plants, Price, Alex- 
ander H. Rice, .Tohn II. Rice, Rollins, Sawyer, Scofield, 
Shellabarger, Smith, Spalding, Stevens, Stiilwell, Thayer, 
John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt 
Van Horn, Warner, Ellihu B.Washlmrne, William B.Wash- 
burn, Welker, Williams, S. F. Wilson, Windom— 107. 

Nats — Messrs. Ancona, Bergen. Bayer, Brooks, Chanler, 
Darling, Dawson, Denison, Eldridge, Glosshrenner , Grider, 
Aaron Harding. Hogan, J. M. Humplirey, Kerr, Le Blond, 
Marshall, Nibloick, Nicholson, Noell, Radford, Simuel J. 
Randall, Raymond, Ritter, Rogers, Ross, Strouse, Tal>er, 
Taylor, Voorhees, Winfield, Wright — 42. 

Withdrawal of Military Force. 

January 8, 1800— Mr. Thos. Williams submit- 
ted this resolution : 

Resolved, That in order to the maintenance 
of the national authority and the protection oi 
the loyal citizens of the seceding States, it is 
the sense of this House that the military forces of 
the Government should not be withdrawn from 
those States until the tv/o Houses of Congress 
shall have ascertained and declared tlieir further 
presence there no longer necessary. 

Which was passed — yeas 94, nays 37, as follow : 

Yeas — Messrs. Araes, Anderson, Delos R. Ashley, Baker, 
Banks, Baxter, Beaman, Benjamin, Bidwell, Bingham, 
Blaine, Boutwell, Brandegee, Bromwell, Broomall, Bundy, 
Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, 
Cullom, Defrees, Deming, Donnelly, Driggs, Eggleston, 
Eliot, Farnsworth, Farquliar, Ferry, Garfield, Grinnell, 
Abner C, Harding, Hart, Hayes, Henderson, Higtiy, Hill, 
Holmes, Hooper, Hubbard, Chester D, Iluliliard, John 
H. Ilnbbard, Jamos R. Hubbell, Hulburd, Jenckes, Julian, 
Kelley, Kelso, Ketcham, Ku.ykeud-iU Latlin, William Law- 
rence, Loan, Longyear, Lynch, Marvin, McClurg, McKee, 
McRuer, Mercur, Mill t, Moorhead, Morrill, Morris, Moul- 
ton, Myers, O'Neill, Orth, I'aine, Patterson, Plants, Price, 
Alexander H. Kice, Rollins, Sawyer, Scofield, Shellabarger, 
Spalding, Stevens, Thayer, Trowbridge, Upson, Van Aer- 
iniin, Burt Van Horn, Robert T. Van Horn, Ward, Warner, 
Ellihu B. Washburne, Welker, Williams, Stephen F. Wil- 
son, Windom — 94. 

Nats — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, 
Davis, Dawson, Delano, Demson, Eldridge, Glosshrenner, 
Grider, A. Harding, Hogan, Edwin _N. Hubbell, James M. 
Humphrey, ■ Kerr, Latham, Le Blond, Marshall, Nihlack, 
Nicholson, Noell, Samuel J. Randall, Raymond, Ritter, 
Rogers, Ross, Smith, Stiilwell, Strouse, Taber, Taylor, 
Voorhees, Winfield, Woodbridge, Wright — 37. 



The Legal Effect of Eehellion. 

February 19, 1S6G— Mr. Longyear* submitted 
these resolutions : 

Resolved, That in the language of the procla- 



*Tlie first two resolutions were offered at the request of 
Mr. Beoomali, on previous notice. 



112 



POLITICAL MAXUAL. 



nation of tlie President of May 29, 1865, "the 
robtllion which was waged by a portion of the 
people of the United States against the properly 
constituted authorities of the Government there- 
of in the most violent and revolting form, but 
whose organized and armed forces have now 
been almost entirel)' overcome, has in its revolu- 
tionary progress deprived the people" of the 
Slates in which it was organized "of all civil 
government." 

2. That whenever the people of any State 
are thus " deprived of all civil government," it 
becomes the duty of Congress, by appropriate 
legislation, to enable them to organize a State 
government, and in the language of the Consti- 
tution "to guarantee to such State a republican 
form of government." 

3. That it is the deliberate sense of this 
House that the condition of the rebel States fully 
justifies the President in maintaining the sus- 
pension of the writ of habeas corpus in those 
btates. 

4. That it is the deliberate sense of this 
House that the condition of the rebel States fully 
justifies the President in maintaining military 
possession and control thereof, and that the Presi- 
dent is entitled to the thanks of the nation for 
employing the war power for the protection of 
Union citizens and the freedmen in those States. 

Mr. Finck moved they be laid on the table ; 
which was disagreed to — yeas 29, nays 119, as 
follow : 

Yr.*s — Messrs. Ancona. Bergen, Brnnls. CJianler, Dawson, 
Elilridge, Find;, Ghtfxbrenner. Guodyear, Grider, Aaron 
Hardinri, Iff/an, James M. Ilnmplire;/, Kerr. Le Blond, 
Mirshull, Mcl'tdloiig/i, i\^iUack, Nicholson, Radford. Samuel 
J. Randall, Rittrr, Rogers, Ross, Shanldin, Taber, Thornton, 
Trimble. Voorhees — 29. 

Nays— Messrs. Allison, Anderson, DelosR. Ashley, .Tanips 
M. Ashley, Biker, Baldwin, Banks, Baxter. Beamiin, Beiijii- 
min, Bidwell. Biuphain, Bl.iini', Boiitweli,Bromwell, Brouin- 
Bll, Reador W. Clarke, Sidney Clarke, Cobb, Conlcling, 
Cook, Cullom, Dawes, Deniing, Donnelly, Driggs, Eckley, 
Eggle.ston, Klint, Farnsworth, Farqnhar, Ferry, Garfield, 
Grinnell, liriswold. Hale, Abuer C. Harding, Hayes, Hen- 
derson, Higliy. HolniHS, Hooper, Asahel W. Hubbard, Ches- 
ter U. Hubbard, Dernas Hubbard. John H. Hubbard, James 
U. Hubliell, lltilburd, James Humphrey, Ingersoll. Jenckes, 
Julian. Kagson. Kclley, Kelso, Ivetehani, Knykend.all, Laflin, 
Latham, (ieorge V. Lawrence, William Lawrence, Loan, 
Lonjyoar, Lyiu h, JIarvin, McClurg, Jlclndoe, McKee, Mc- 
Ruer, Merear, Moorhead. Morrill, Morris, Moulton, Jlyers, 
O'Neill, Ortli, I'aine, Patterson, I'erham, Phelps, jPike, 
Plants, Ponieroy, Price, William H. Randall, Raymond^ 
Alexander H.Rice, John H. Rice, Rollins, Rousseau. Saw- 
yer, fk-henck, Seofield, Shellabarger, Sloan, Smith, Spald- 
ing, Starr, Stevens, Thayer, John L. Thomas, Trowbridi^o, 
Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, 
AVard, Warner, Ellihu B. Washburne, William B. Washburn, 
Welkor, Wentworth, Whaley, Williams, James F. Wilson, 
Stephen F. Wilson, Windom, Woodbridge— 119. 

A division of the question having been de- 
manded, the first resolution was agreed to — yeas 
102, nays 36, as follow : 

YeiS— .Messrs. Allison. Anderson, Doles R. Afhiev, .Tames 
M. Ashley, B.dcer, Baldwin, Banks, liaxter, Beaman. B'-nja- 
min, Bidwell, Bingham, Blaine, Boutwell,Brandegee, Broni- 
well, Broomall, Reader W. Clarke, Sidney Clarke, Cobb, 
Conkling, Cook, Del'ree.s, Doming, Donnelly, Driggs, Ecklev, 
Eggleston, Kliot, Farmworth, Ferry, Garfield, Grinnell, 
Abner''. Harding, Haves, IIe?iderson, Higby, llolines. llimp- 
er, Asalul W. Ilublurd, Demas Hubbard, John H. Hub- 
bard, James 1!. Hubbell, Hulburd, Inger.soll, Jenckes, .Ju- 
lian, Kasson, K(dley, Kelso, Keteliam, Kuykendall, Lafliii, 
William Lawrence, Loan, Longyear, Lyncli, Marston, Mar- 
vin, Met lurg, .Mclndoe, .McKec, McRuer, .Moorhead, Mor- 
rill, Morris, .Moulton, Myers, 0"N' ill, Orlli, Paine, Perham, 
Pike, Plants, Pomeroy, Price. William II. Randall, Alexan- 
der H. Rice, John H. Rice, Rollin-., Sehenck, Seofield, Shel- 
labarger, Sloan, Spalding, Starr, Stevens, Thayor, Trow- 
blidgo, Upaon, Van Aeruam, Ward, Wurncr, Ellihu B 



Wa^hlmrne, WiHiam B. Washhurn, Welker, Wcntirorth, 
Williams, James F.Wilson, Stephen F. Wilson, Wiudoui^ 
Woodbridge— 102. 

N.\TS. — Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, 
Dawson, Eldridr/e, Find:, Glosshrenner, Goodyear, Grider, 
Hale, Aaro)i JLinlini/, Jfuf/an, Chester D. Hubbard, Kerr, 
Latham, Mcf'ulloinjh, Mercur, JSiblack. Nicliolson, Phelps, 
Radford, S.imuel J. Randall, Raymond, Ritlcr, Rogers, Ross, 
Rousseau, Shanklin, Smith, Taber, John L. Thomas, Thorn- 
ton, Trimble, Whaley— 36. 

The second resolution was agreed to — yeas 
104, nays 33, as follow : 

Yeas — Messrs. Anderson. Delos R. Ashley, James M.Ash- 
ley, Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, 
Bidwell, Bingham, Boutwell, Brandegee, Bromwel I. Broom- 
all, Reader W. Clarke, Cobb, Conkling, Cook, Cullom, De. 
frees, Deming. Donnelly, Driggs, Eckley, Eggleston, Eliot, 
Farnsworth, Ferry, Garfield, Grinnell, Griswold, Hale, Ab- 
ner C. Harding. Hayes, Henderson, Higby Holmes, Hooper, 
Hotchkiss, Asahel Vv. Hubbard. Chester D Hubbard, Demaa 
Hubbard, John H. Hubbard, James R Hubbell, Hulburd, 
Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Laflin, 
William Lawrence, Loan, Longyear, Lynch, Marvin, Mc- 
Clurg, Mclndoe, McKee, McRuor, Mercur, Moorhead, Mor- 
rill, Morris, Moulton, Myers, O'Neill, Orth. Paine, Perham, 
Pike, I'lauts, Pomeroy, Price, Willi.im H. Randall, Alexan- 
der H. Rice, John II. Rice, Rollins, Sawyer, Schenck, Seo- 
field, Shellabarger. Sloan, Spalding, Starr, Stevens, Thayer, 
John L. Thomas, Trowbridge, Up.son, Van Aernam, Bui-t 
Van Horn, Ward, Ellihu B. Washburne, William B. Wash- 
burn, Welker, Wentworth, Williams, James F. Wilson, 
Stephen F. Wilson, Windom, Woodbridge — 104. 

Nats — Messrs. Ancona. Bergen, Boyer, Brooks, dianler, 
Dawson, Eldridge. Finck, Glosfbnnner, Goodyear, Grider, 
Aaron Harding. Uogan, Kasson, Kerr, Latham, Le Blond, 
McCullough. Niblack, Nicholson, Pheljis, Radford, Samuel 
J. Ri'ndall,'Ra.ymoml, Rttter, Rogers. Ross, Shanklin , Smith, 
Taber, Thornton, Trimble, Whaley— 33. 

The third resolution was agreed to — yeas 120, 
nays 26, as follow : 

Yeas — Messrs. Allison, Andsrsou, James M. Ashley, Ba- 
ker, Baldwin, Banks, Baxter, Beaman, Benj.amin, Bidwell, 
l.ingham, Blaine, Boutwell, Brandegee, Biomwell, Broom- 
all, Reader W. Clarke, .-idney Clarke, Cobb, Conkling, Cook, 
Cullom, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, 
Eggleston, Eliot, Farnsworth, Farqnhar, Ferry, Garfield, 
Grinnell, Griswold, Hale, Abner C. Harding. H.iyes, Hen- 
derson, Higby, Holmes, Hooper, Hotchkiss, Chester D Hub- 
bard, Demas Hubbard, John H. Hubbard, James R. Hubbeil, 
Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, 
Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, La- 
tham, George V. Lawrence, William Lawrence, Loan, Long- 
year, Lynch, Marston, Marvin, McClurg, Mclndoe, McKee, 
-McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, 
Myers, O'Neill, Orth, Paine, Patterson, Perham, Phelps, 
Pike, Plants, Pomeroy. Price, William H.Randall, Raymond, 
Alexander II. Rice, John II. Rice, Rollins, Sawyer, Schenck, 
Seofield, Shellabarger, Sloan, Smith, Spalding, Starr, 
Stevens, Thayer, John L. Thomas, Trowbridge, Upson, Van 
Aernam, Burt Van Horn, Robert T. Van Horn, Ward, War- 
ner, Ellihu B. W.ishburne, William B. Washburn, Welker, 
Wentworth. Whaley, Williams, James F. Wilson, Stephea 
F.Wilson, Windoiu, Woodbridge— 120. 

Nays — .Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, 
Dawson. Eldridge. Finck, Glosshrenner. Goodyear, Grider, 
Aaron Harding. James M, Humphrey, Kerr, Le Blond. 'Ic- 
Cullough, Newell, Niblack, Radford, Ritter, Rogers, Ross, 
SUanJclin, Taber, Thornton, Trimble — 26. 

The first clause of the fourth resolution was 
agreed to — yeas 118, nays 23, as follow: 

Yeas— M'jssrs. Allison, Delos R. Ashley, James M. Ashley, 
B.iker, Baldwin, Banks, I ^xter. Beaman, IJenjainin, Bidwell, 
Bingham. Blaine, Boutwell, Brandegee, Broniwell, Broomall, 
Reader \V. Clarke, Sidney Clarke, Cobb, Conkling, Cook, 
Cullom, Dawes. Det'rees, Deming, Driggs, Eckley, Eggleston, 
Eliot, Farnsworth, Farqnhar, Ferry, Garfield, Griunell, 
Griswold, Hale, AbnerC. Harding, Hayes, Henderson, Hig- 
by, Ilolme.s, Hooper, Hotchkiss, Chester D. Hubbard, De- 
mas Hubbard, jr., John H, Iluhbanl, James 1!. Hulibell, 
Hulburd, James Humphrev, Ingersoll, Jenikes, Julian, 
Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, 
Lath.ara, George V. Lawrence, AVilliam Lawrence, Loan, 
Longyear, Lynch, Marston, .Marvin, McClurg, Mclndoo, Mo- 
K^'c, 'McRuer, Jlercur, Moorhead, Morris, Moulton, Myers, 
Neill, Orth, Paine, Patterson. Perham. Pliel|is, Plants, 
Pomeroy, Price, William H. Randall. Raymond, .\lexander 
H.Rice," John H.Rice, Rollins, Rou.sseau. Sawyer, Seheiuk, 
Scolield, Shellabarger, Sloan, Smitli, Starr, Steven.s, Thayer, 
Francis Thomas, Jcdin L. Thomas, jr., Trowbrid.go, Upsi -Q, 
Van Aernam, Burl Van Horn, Robert T. Van Horn, Wa' 1, 



VOTES IN THE HOUSE ON" RESOLUTIONS. 



113 



Warnor, EUiliu B. Washburne, William B. Waslibnrn, 
WelUt'i-, W.iitwiirth, Wliiiluy, Willi.itiia, Jiiined F. Wilson, 
StcplK'H K. Wilson, Wiiuloiii, Uoodbridge — 118. 

Navs — ..lessrs. Anemia, Bergen, Buyer, Brootcs, Dawsnn, 
Eliiridrie, Fui-k. O'losfhrenner, Gvoili/ear, Aurnn Itanlini/, 
James At. I{)iin)i)treii, McCalbitiJih, A'ibtack. jy'.ch'il.inn, Rad- 
ford, Samuel J. Rcmd-ill, Kilter, Roi/ers, Ross, Shanklin, 
Taber, Tliomlon, Trimble — 23. 

The second clause of the fourth resolution 
was agreed to — yeas 135, nays 8, as follow : 

Yeas — .^Ie3SI•s. Alli^^on. Ancnna, Amierson, James M. Ash" 
ley, r.iiker, liHldwiii, Banks. Daxter, Lx-anian. Benjainiii, Bur' 
gen, Bidvvell, Bingluim, Blaine, IJoutwell, Boi/er, Bramlegee, 
Broinwell, BiOoLs. Broomall, Reader W. Clarke, Sidney 
Clarke, Cobb, Conkling, Cook, Cul loni, Otaoso?!. Defree.'f, Dem- 
ing, Donnelly, Driggs, Eckley, E^'gleston, Eldiidt/e, Eliot, 
Faruswortli, Farquliar, Ferry, /"(/icfc, Garfield, GlosArenivr, 
Goo'Jye.ar, Griswold. Hale, AbnerC. llarding, Hayes, iligby, 
Holmes, Hooper. Hotclikiss, Chester D. Hubbard, Demas 
Hubbard. Joliu H Hubbard, James R. Hubbell, Hulburd, 
James lluraplirey. James M. llumplirey, Ingtrsoll, Jenekes, 
Jo/inson. Julian, Kisson, Kelley, Kelso, Kerr, Ketchani, 
Kuykcn lall, Laflin, Latham, George V. Lawrence, William 
Lawrence. Le Blond, Loan, Lormyear, Lynch, Marston, 
Marvin, McClurg, Mcludoo, McKee. Mer.ur, Moorhead, 
Morrill. Morris, Moultou, Myers, O'Neill, Oi th, Paine, Pat- 
terson. Perham, Phelps, Pike, Plants, Ponieroy, Price, Rad- 
ford, Samuel J. Ranlall, William H. Randall, Raymond, 
Ale.xander II. Rice, John H. liice, Rollins, Romseau, Saw- 
yer. Schenck, Scfield, Shell ibarger, Sloan, Smith, Spald- 
ing, Starr, Stevens, I'aber, Thayer, Francis Thomas, John 
L. Thonia.', Tliomlon, Trowbridge, Upson, Van Aeruam, 
Bart Van Horn, Robert T. Van Horn, Ward, Warner, Elliliu 
B. Washburne, Villiam B. WashburTi, Welker, Wentworth. 
"Whaley, Williams, James F. Wilson, Stephen F. Wilson, 
Windum, ^Vnodbridge — 135. 

Nays — Messrs. Grider, Aaron Harding, McCullough, 
Nichulsim, Hitler, Rogers, Shanklin, Trimble — 8. 

Recognition of State government of North Caro- 
lina. 

March 5, 1866 — The Speaker having proposed 
to lay before tlie House a communication signed 
Jonathan Worth, Governor of North Carolina, 
Mr. Stevens objected to its reception; and on 
the question, will the House receive the same, the 
yeas were 38, nays 100, as follow : 

Yeas — Messrs. Delos R. Ashley, Bergen, Brooks. Chanler, 
Davis, Denis n, Eldridy, Find,-, Goi'di/ear, Grvler. Hale, 
Aaron Hardmfi, Jligan. E twin iV. Hubbill, J a.mea Humphrey, 
Kerr, Kuykendall, Latham, Marshall, McKiier, Newell. jViVj- 
lack, Niclwlson Noell, Pholps, Radford, Raynioml, Rilltr, 
Rogers, Rnsf, Rousseau, Shanklin, Taber, Taylor, Tliomlon, 
Trimble, Whab-y, Winiield.—Z^. _ 

' Nats— Messrs. Alley, Allison, Ames, Anderson, .Tames M. 
Ashley, Baker, Bink<. Barker, Baxter, Beaman, Benj;imin, 
Bidwell. Biiiulnin, Itlaine, Boutwell, iiandegee. Bmniweil. 
BriM.iMull, liiirkland, Bnndy, Sidney Clarke, Cobb, Cook. 
C-iIloni. Kcfrees, Deniinsr. Hoiini'llv, Di'iggs, Dumoiit, E'kley, 
Eli.it. FMriiK\v..r(li.FaiqiiliMr,J'rii v.drinnell, Abii.rt'. Hard- 
insr. Have.slTend.'rson,Hi-bv, llill,llnlrries, Hooper, Ilotcli- 
ki-H. Asaliel \V. Hiibbiird. Deiiias Hnlibanl.Jr, .lobn H. Hub- 
baiil, JiniHR K. IlnMiell, inill.iirdIiigers(dl,Jeiiekes, Julian, 
Krllry^Kt'l.id, [vetcli:ini,WillJiiin L.iwrence, Lvnch, Mars ton, 
McClu'fT, MrK(e, Miller, iMoriis, Moulton, Myers, O'Neill, 
Orlh. Paine, P^iiferson, Perbam, Pike, Price, William H. 
Riiiilall, Alexandar H. Rice, John H.Rice, Rollins, ^awyer, 
Schetick, Scolifld, Sebelbibarger, Sloan, Spalding.^levens, 
Still well, Ti'ayer, Francis Thomas Jnlui L. Thomas, jr., Trow- 
bridge, Upson, Van Aernam, Burt Van Hor n, Rubert T. Van 
Horn, Warner, Ellihu B. Washburne, Henry D. Washburn, 
Wilker, Wentwoith, Williams, James F. Wilson, Stephen 
F. Wilson, Windom, Woodbvidge. — 100. 

Trial of Jefferson Davis. 

June 11, 1806 — Mr. Bouiweli oifered this reso- 
lution . 

Whereas it is notorious that Jefferson Davis 
was the leader of the late rebellion, and is guilty 
of treason under the laws of the United States ; 
and whereas by the proclamation of the Presi- 
dent of May, i865, the said Davis was charged 
with complicity in the assassination of President 
Lincoln, and said proclamation has not been re- 
voked nor annulled: Therefore, 
3 



Be it resolved. As the opiuior of ^.he House 
of Re[iresentati\'es, that said Davis siiould be 
held in custody as a pri,-*oner, and subjected to 
a trial according to the laws of the land. 

Which was agreed to — yeas 105, nays 19, a? 
follow : 

Yeas — Messrs. Alley, Allison, Jame.s M. Ashley, B.aker, 
Baldwin, Banks, Haxter, Beamaa, Biihvell. Bingham, Blaiue, 
Boutwell, Brouiwell, Buckland, Bundy, Reader W. Clarke, 
Sidney Clarke, Cobb, Conk ling. Cook, CuUom. Darling, Davis, 
Dawes, Defrees. Donuelly. Eikley, Eliot, Fariisworth, Far- 
quliar, F'erry, Garfield, Griiiuell, (iriswold. Hale, AbnerO. 
Harding, Hart, Hayes, Henderson. Higby, Holmes, Hooper, 
Hotchkiss. Chester D. Hubbard, Joliri Ix. Hubbard, lamea 
R. Hubbell, Julian. Kelso, Ketcb.am, Kuykendall, Laflin, 
Latham, George V. Lawrence, William Lawrence, Loan, 
Longyear, Lynch, itarshall, Marvin, McClurg, McKee, Mc- 
Ruer, .Merciir, .Miller, Moorhead, Morrill, Morris, Moulton, 
Myers, O'Neill, Orth, Paine, Perham, Phelps, Pike, Plants, 
I'omeroy. Price, William H. Rand.ill. Raymond, Alexander 
H. Rice, Sawyer, Schenck, Scofield, Sliellabarger, Sloan. 
Smith, Spalding Thayer, John L Thomas, Thornton, Trow, 
bridge, L'pson, Van Aern:im, Ward, Warner, Henry D 
Washburn, Welker, Whaley, Williams, James F. Wilson 
Stephen F. Wilson, Windom, Winfield, Woodbridge— 105. 

Nays — Messrs. Ancona, Bnyer, Coffrofh, Eldridge, Finck, 
Gloxsbrenn';r, Grider, Harris, Ilogan, .Tolinson, McCullougti, 
Niblack, Samu-l J. Randall, Ritter, Rogers, Sitgreaves, Tor 
ber, Trimble, Wright — 19. 

Neutrality— The Fenians. 

June 11, 1866 — Mr. Ancona offered this reso- 
lution: 

Whereas the Irish people and their brothers 
and friends in this country are moved by a 
patriotic purpose to assert the independence 
and re-establish the nationality of Ireland; and 
whereas the active S5'mpatliies of the people of 
the United States are naturally with all men 
who struggle to achieve such ends, more especi- 
ally when those engaged therein are the acknow- 
ledged friends of our Government, as are the 
Irish race, they having shed their blood in de- 
fense of our flag in every battle of every war in 
which the republic has been engaged; and where- 
as the British Government, against whom they 
are struggling, is entitled to no other or greater 
consideration from us as a nation than that de- 
manded by the strict letter of international law, 
for the reason that during our late civil war she 
did in effect, by her conduct, repeal her neu- 
trality laws; and whereas when reparation is 
demanded for damages to our commerce, result- 
ing from her willful neglect to enforce the same, 
she arrogantly denies all responsibility, and 
claims to be the judge in her own case; and 
whereas the existence of our neutrality law of 
1818 compels the executive department of this 
Government to discriminate most harshly against 
those who have ever been and are now our 
friends, and in favor of those who have been 
faitliless, not only to the general principles of 
comity which should exist between friendly 
States, but also to the written law of their own 
nation upon this subject: Therefore, 

Be it resolved. That the Committee on Foreign 
Affairs be, and they are hereby, instructed 
to report a bill repealing an act approved 
April 20, 1818, entitled "An act in addi- 
tion to an act for tlie punishment of certain 
crimes against the United States," and to repeal 
the act therein mentioned, it being the neutrality 
law, under the terms of which the President's 
proclamation against the Fenians w.as issued. 

Mr. Davis, of New York, moved to lay it oa 



114 



POLITICAL MANUAL. 



the table, which was lost — yeas 5, (Alessrs. Cobb, 
Davis, Grinnell, Hale, Trowbridge,) naya 112. 

]\Ir. Sclienck moved this as a substitute: 

Resolved, Tbat the President of the United 
States, in tlie opinion of this House, should re- 
consider the policy which has been adopted hy 
him as between the British Government and that 
portion of the Irish people who, under the name 
of Fenians, are struggling for their independent 
nationality; and that he be requested to adopt 
as nearly as practicable that exact course of pro- 
cedure which was pursued bj^ the Government 
of Great ]Jritain on the occasion of the late civil 
W£vr in this country between the United States 
and re-bels in revolt, recognizing both parties as 
lawful belligerents, and observing between them 
a strict neutrality. 

Mr. Hale moved to table it; which was lost — 
yeas 8, (Messrs. Cobb, Davis, Dawes, Dodge, 
Griswold, Hale, Sloan, Trowbridge,) nays 113. 

Mr. Banks moved to refer to the Committee 



on Foreign Affairs, stating that if referr'^.d tho 
committee would report upon it. The motion 
was agreed to — yeas 87, nays 35, as follow : 

Yeas — Messrs. Alley, Allison, Delos R. Ashley, James M. 
Asliley, UiilitT. Baldwin, Bunks, Bnxter, Beanian. Biilwell, 
Bingham, Blaine, Bontwell, Bronnvell, BucUlaiiU, Bundy, 
Reader W. C'arke, Sidney Claike, Cobb. CooU, Cullora, 
Dawes, Defrew, Delano, Dodge, Drigprs. Eckley. Farnsworth, 
I'arquliar, (iriniiell, Ilaviis, Hart, Hayes, Holmes, Demas 
HuMiard, Edwin N. Hnbbell, .lenckes, ./ojie.?, Kasson, Kel- 
ley, Knykendall, L-aflin, Latham, George V. Lawrence, Wil- 
liam Lawrence, Lonuyear, Marvin, McClnrg, McKee, Mo 
Riiei, Mercur, Miller. Morrill, Morris, Mcnlton, Myers, 
O'Neill, Orth, Paine, Perhani, Phelps, Pike, Planis, Price, 
William H. Randall, Raymond, Alexander H. Rice, John H. 
Riee, Ross, Rousseau, &iwyer, Scbenck, Sccfield, Shella- 
barger, Sloan, Spalding, Thayer, Trowbiidge, Upson, Ward, 
Welker, Whaley, Williams, James F. Wilson, Stephen F. 
Wilson, Windom, Woodbridge — 87. 

Nats — Messrs. Ancnna, Bergen, Boyer, Clianhr, CoffrotJi, 
Darling, Davis, Diimont, Eldridije, Find', Gln^sbrenner, 
Grider, Hale, Aaron Hardinc/, Hngan, James M. Humphrey, 
Johnson, Kerr, Ketcham, McCuIlnirjh, Nihlaclc, Pumeroy, 
Samuel J. Randall, Killer, Rogers, Sitgrcaves. Smith, Still- 
well, Strouse, Tuber, Taylur, Thornton, Trimhk, Winfield-^ 
Wright — 35. 



XI. 



VOTES ON SUFFRAGE IN THE DISTRICT OF COLUMBIA 

AND OTHER POLITICAL BILLS. 



Stiffrage in District of Columbia. 

Is House. 
January 10, 1866— Pending this bill, offered 
by Mr. Kelley, December 5, 1865, and reported 
from the Judiciary Committee by Mr. James F. 
Wilson, December 18, and then postponed till this 
day: 

A Bill extending the right of suffrage in the 
District of Columbia. 

Be it enacted, &c., That from all laws and parts 
of laws prescribing the qualifications of electors 
for any office in the District of Columbia the 
word " white " bo, and the same is hereby, 
stricken out, and that from and after the passage 
of this act no person shall be disqualified from 
voting at any election held in the said District 
on account of color. 

Sec. 2. That all acts of Congress and all laws 
of the State of Maryland in force in said District 
and all ordinances of the cities of Washington 
and Georgetown inconsistent with the provisions 
of this act are hereby repealed and annulled. 

After debate, Mr. Wilson moved its recommit- 
ment. 

Mr. Hale moved to amend by adding these 
words : with instructions to amend the bill so as 
to extend the right of suffrage in the District of 
Columbia to all persons coming within either 
of the following classes, irrespective of caste or 
color, but subject only to existing provisions and 



qualifications other than those founded on caate 

or color, to wit : 

First. Those who can read the Constitution of 
the United States. 

Second. Those who are assessed for and pay 
taxes on real or personal property within the 
District. 

Third. Those who have served in and been 
honorably discharged from the military or naval 
service of the United States, and to restrict such 
right of suffrage to the classes above named, and 
to include proper provisions excluding from the 
right of suffrage those who have borne arms 
against the United States during the late rebel- 
lion, or given aid or comfort to said rebellion. 

January 17, 18G6 — Mr. Wilson accepted Mr. 
Hale's amendment as part of his. 

January 18 — Mr Darling moved to postpone 
the bill till April 3. 

Mr. Niblack moved to lay the bill on the table, 
which was disagreed to — yeas 47, nays 123, as 
follow : 

Yeas — Messr«. Anrnna, Deloa R. Ashley, BerpRn, Boyer, 
BriioLs, Cliardir. Ihiwson, Venison. KIdridge, Finrl, Oloss- 
hreiuirr, Ooodi/nir, (Iriiter, Aaron Harding, Hoi/av, Chester 
D. lliilibaril. Kdatia X. HiihheU, James M. Hicmphreii, John- 
son, Jones, Kerr, Knykendall, Latham, Le Blond, ilarshM, 
Mc.CidUmgh, NdHad.-, Mchohon, Noell, Phelps, Radford. 
Simuel J. Randall, William 11. R.indall, Bitter, Rogers,^ 
Ross, Slianklin, Silgrcai^ss, Smith, Strou.'ie, Taber. Taylor, 
John L. TUomas, jr., Thornton, Trimble, Voor'iees, iVin- 

field— i1. 

Nays— Messrs. Alley, Allison, Araes, Anderson, JameaM. 
Ashley, Bukor, IJaldwiii, Banks, Uarker, Baxter, Beainan, 



VOTES ON SUFFRAGE. 



115 



Bid woll. Binarham, Blaine, Blow, Boutwell, BrandeRoe, Brom- 

well, Urouiiirill,Buckland,Buml,v, Ili^aJor W. Clarice, Sidney 
Clarice, Cobh, Conlcling, Cuuk. Culloui, Darling, Davis. Dawes. 
Detroes, Delano, DeniLog:, Dixon, Donnelly, Uriggs, Eokley, 
Kggleston, Eliot, Fariisworth, Farquliar, Ferry, Garfield, 
(Irimiell, Griswold, Hnle, Abiier C. Harding, Hart, Hayes, 
Ilc-nderson, Iligby, Hill, Holmes, Hooper, Asahel W. Hub- 
liard. Uemaslliilibard, .jr., .John H.Hubbard, Uulbnrd, James 
HunipUrey. In-;ersoll, jeuckes, Julitin, Kasson, Kelley, Kelso, 
Ketchani, Laflin, George V Lawrence, William Lawrence, 
Lo 111, Lougyear, Lyncli, .Marston, Marvin, McCliirg, McKee, 
Mercur, Miller, Moorhead, Morrill, Morris, Monlton, Myers, 
O'Neill, Orth. Paine, Patterson, Perliam. Pike, Plants, Pome- 
roy, Price, Raymond, Alexander H. Rice, John II. Rice, 
Rollins, Sawyer. Si:heuck. Scofield, Sliella!)arger, Sloan, 
Spalding, Starr, Stevens, Stillwell, Thayer, Francis Thomas, 
Trowbridge, Upson, Van Aernani, Burt Van Horn, Robert 
T. Van Horn, Ward, Warner, Ellihu B. Washbnrns, William 
B. Washburn, Welkor, Wcntwortli, Williams, James F. Wil- 
son, Stephen F.Wilson, Windom, Woodbridge — 123. 

Mr. Darling modified his motion so as to post- 
pone until the first Tuesday in March, which 
was disagreed to — yeas 34, nays 138, as follow : 

Yeas — Messrs. Anderson, Banks, Ooukling, Darling, Davis, 
Defree.s, Eggleston, Farquhar, Ferry, Griswold, Hale, Hart, 
Henderson, Hill, Hngan, Ja-s. Humphrey, Kasson, Ivetcham, 
Kuykendal', Lailin, Latham, George V. Lawrence, Marvin, 
Mercur, Miller, Orlh, Phelps, William H. Randall, R.iymoud, 
Smith. Stillwell, John L. Thomas, jr., Trimble, Robert T. 
Van Horn — 34. 

Nats — Messrs. Alley, Allison, Amea, Ancona, Delos R. 
Ashley, James M. Ashley, Baker, Baldwin, Barker, B.i.Kter, 
Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, 
Boutwell. Boiler, Brandegee, Bromwoll, Brooks, Broomall, 
Bundy, ChanUr, Reader W. Clarke, Sidney Clarke, Cobb, 
Cook, Cullom, Dawes, Dawson, Deming, Benisoti. Dixon, 
Donnelly, Driggs, Eckley, Eldridge, Eliot, I'arnsworth, Finch, 
Garfield, Glossbrenner, Goodt/eKr, Grider, Grinnell, Aaron 
Harding, Abner C. Harding, Hayes, Highy, Holmes, Hooper, 
A. W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr. 
John H. Hubbard, Edwin iV. Huhbell, Hulburd, James M. 
Humphrey. Ingersoll, Jeuckes, Johnson, Jones, Julian, Kel- 
ley, Kelso, Kerr, William Lawrence, ic Mowa', Loan, Long- 
year, Lynch, Marshall, Marston, McClurg, M':Cullouff/i, Mc- 
Kee, .Aloorhead, Morrill, Morris, Moulton, Myers, JViblac'c, 
Nicholson, Noell, O'Neill, Paine, Patterson, Perhain, Pike, 
Plants. Pomeroy, Price, Radford, Samuel J. Randall, Alex- 
ander H. Rice, John H. Rice, Ritter, Rogers, Rollins, Ross, 
Sawyer, Schenck, Scofield, S/ianlclin, Shellabarger, Sit- 
greaves, Sloan, t^palding, Starr, Stevens, iS"co«.s7', Taber, Tay- 
lor, Tiiayer, Francis Thomas, Thornton, Trowbridge, Upson, 
Van Aernam, Burt Van Horn, Vborltees, Ward, Warner, 
Ellihu B. Washburue, William B. Washburn, Welker, Went- 
worth, Williams, James F.Wilson, Stephen F. Wilson, Win- 
dom, Wivfield, Woodbridge — 135. 

The question recurring on Mr. Wilson's motion 
to commit with instructions, Mr. Schenck moved 
to strike from the proposed instructions these 
words : " Those who are assessed for and pay 
taxes on real or personal property within the 
district ;" which was agreed to. 

The motion to recommit as amended, was then 
disagreed to — yeas 53, nays, 117, as foUov/ : 

Yeas — Messrs. Anderson, Banks, Blow, Brandegee, Brom- 
well, Buckland, Reader W. (larke, Coukling, Darling, Davis, 
Dawes, Defrees, Delano, Deming, Di.xon, Dnggs, Eckley, 
Eggleston, Ferry, Griswold, Hale, Hart, Hayes, Henderson, 
Hooper, Hulburd, .Tames Humphrey, Jenckes, Kasson, 
Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, 
'William Lawrence, Longyear, Marvin, Miller, Moorhe id, 
Morris, Myers, O'Neill, Plants, Raymond. Alexander H.Rice, 
Schenck, Stillwell, Trowbridge, Burt Van Horn, Robert T. 
Van Horn, Warner, William B. Washburn. Woodljridge — 53. 

Nays — Messrs. Alley, Allison, Ames, Ancona, Delos R. 
Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, 
Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Bout- 
well. Bnyer, Brooks, Broomall, Bundy, ChanUr, Clarke, Cobb, 
Cook, Cullom, Dawson, Denison, Donnelly, Eldridge, Eliot, 
Farnsworth, Farquhar, /'V/icA:, Garfield, Glossbrenner, Good- 
year, Griiler, Grinnell, Aaron. Harding, Abner C. IL-irding, 
Higby, lli!l, /fng'are, Hcilmes, Asahel W. Hubbard, Chester 
D. Hubliaid, Demas Hub' ird. jr., John II. Hubbard, Edwin 
?f. Hubli( :i, James M. Hnmiphrey, Ingersoll, Johnson, Jones, 
Julian, Krlley, Kelso, Kerr, Le Blond, L<ian, Lynch, ^1/ar- 
shall, Marston, McClurg, McCuXlough, McKee, Mercur, Mor- 
rill, Uo\\\io-a, Niblack, Nichohon, Noell, ©rth, Paine, Patter- 
eon, Perham, Phelps, Pomeroy, Price, Radford, Samuel J. 
Randall, William H. Randall, John H.Rice, Ritter, Rogers, 
SoUins, ifoi?, Sf.'ryer, Scofield, 5/janWi'n, Shellabarger, Sit- 



greaves, Sloan, Smith, Spalding, S^arr, Stevpiia, Slmitse, Taoer, 
Taylor, Thayer, Francis Thomas, John L. Thomas.jr., Thfirn- 
ton, Trimble, Upson, Van Aernam, Voorhees, Ward, EUihn 
B. Washburne, Welker. Wentworth, Williams, James F. 
Wilson, Stephen F. Wilson, Windom, Winfleld— 117. 

The bill was then passed — yeas 116, nays 54, 
as follow : 

Yeas— Messrs. Alley, Allison, Ames, J.ames M. Ashley, 
Baker, Baldwin, Banks, Barker, Baxter, Beaman, Bidwell, 
IJinghani, Blaine, BIoa-, Boutwell, Brandegee, Broinwell, 
Broomall, Bucklaud, Bundy, Keader W. Clarke, Sidney 
Clarke, Cobb, Coukling, Cuo ;. Cullom, Darling, Davis. D iwes, 
Defrees, Delano, Deming, Uixnn, Donnelly, Driggs, Eckley, 
Eggleston, Eliot, Farn.'^w.jrtn, Ferry, Garfield, Grinnell, 
Griswold, Hale, Abner C. Harding, Hart, Hayes, Higby, 
Holmes, Hooper, .-Vsaliel W. Hubbard, Demas lluubard^jr., 
John H. Ilnbbard. Hulburd, .fames Humphrey, Ingersoll, 
Jenckes. Julian, Kasson, Kelley, Kelso, Ketcham, Laflin, 
George V. Lawrence, William Lawrence, Loan, Longyear, 
Lynch, JIarston, Mirvin, -McClurg, Mercur, Miller, Moor- 
head. Morrill, Morris, iMoulton. Myers, Nei'l, Orth, Paine, 
Patterson, Perham. Piko. Planr.s, I'omcrny, Price, Raymond, 
Alexander H. Rice, John H. Kiie, Rollins, Sawyer, Schenck, 
Scofield, Shoilabarger, Sloan, .<pilding, Stiirr, Stevens, 
Thayer, Francis Thomas, Trowbridge, Upson, Van Aernam, 
IJurt Van Horn, Ward, Warner, Ellihu B. Wa?hburne, 
William B. Washburn, Welker, Wentworth, Wil'iams, James 
F. Wilson, Stephen F. Wilson, Windom, Wood'jridgo— 1L6. 

Nays — Messrs. Ancona, Anderson, Delos R. Ashley, Ben- 
jamin, Bergen. Boyer, Brooks, Ckanler, Dawsoi, Denison, 
Eldridge, Farquhar, Finck, Glossbrenner, Goodytir, Grider^ 
Harding, Henderson, Hill, Hogan, Chester D. Hu'ibard, Ed^ 
win N. Huhbell, James M. Humphrey, Johnson, Jones, Kerr, 
Kuykendall, Latham, Le Blond, Marshall, McOullough, Mc- 
Kee, JViblack, Nicholson, Nodi, Phelps, Radford, Samuel J, 
Randall ,\Yi\\h\.Ta 11. Randall. Rilter. Rogers. Rost, Sliank- 
lin, Sitgreaves, Smith, Stillwell, Strause, Taber, Taylor, 
'Thornton Trimble, Robert T. \'an Horn, Vborltees, 'Vinfield 
-54. . , y 

In Senate. 

June 27, 1866— The hill, as reported *o tha 
Senate from its committee amended, was con- 
sidered, the pending question being Mr. Mor- 
rill's motion to insert in the first section tho 
words in brackets, below : 

That from and after the passage of thi^ act, 
each and every male person, excepting paupers 
and persons under guardianship, of the age of 
twenty-one years and upwards, who has not 
been convicted of any infamous crime, or offence, 
and who is a citizen of the United States, and 
who shall have resided in the said district for 
the period of six months previous to any elec- 
tion therein, [and excepting persons who may 
have voluntarily left the District of Columbia 
to give aid and comfort to the rebels in the late 
rebellion,] shall be entitled to the elective fran- 
chise, and shall be deemed an elector and enti- 
tled to vote at any election in said District, 
without any distinction on account of color or 
race. 

Mr. Morrill moved further to amend by in- 
serting, also, after " therein," the words " and 
who can read the Constitution of the United 
States in the English language, and write his 
name ;" which was disagreed to — yeas 15, na.ys 
19, as follow : 

Yeas — Messrs. Anthony, Cragin. Edmunds, Fessonden, Fos- 
ter, Harris, Kirlcwood, Morrill, P( land, Pomeroy, Sherman, 
Trumbull, Wade, Willey, Williams — 15. 

Nays — Messrs. Brown, Buckalew, ConnesB, Dnvis, Grimes,. 
Guthrie, Hendricks, Howard, Howe, Morgan, Norton, Nye, 
Ramsey, Sprague, Stewart, Sumner, Van Winkle, Wilson, 
Yates— 19. 

Mr. Willey offered this substitute for the bill : 
In all elections to be held hereafter in the 
District of Cclumbia, the following described 
persons, and thos« only, shall have the right to 
vote, namely : first, al' *:hose parsons who were 
actually residents of said Distjrist and qualified 



116 



POLITICAL MANUAL. 



to vote therein at the elections held therein in 
the year 1865, under the statutes then in force ; 
Bocond all persons residents of said District who 
have been duly mustered into the military or 
naval service of the United States daring tlie 
late rebellion, and have been or shall hereafter 
be honorably discharged therefrom ; third, male 
citizens of the United States who shall have at- 
tained the ago of twenty-one years, (excepting 
paupers, persons non compotes mentis, or con- 
victed of an infamous offence,) and who, being 
residents of the ward or district in which they 
shall offer to vole, shall have resided in said 
District for the period of one year next preced- 
ing any election, and who shall have paid the 
taxes assessed against them, and who can read, 
and who can write llieir names. 

No further vote has been taken up to date of 
putting this page to press. 

West Virginia Bill. 

February 6, 1S(3G — The House passed a joint 
resolution giving the consent of Congress to the 
transfer of Berkeley and Jefferson counties to 
West Virginia — yeas 112, nays 24; (the latter 
all Dpmocrats except Mr. Baker.) The Se.^ate 
passed it, March 6 — yeas 32, nays 5. — Mr. John- 
son, of Maryland, voted aye ; the other Demo- 
crats, voting, voted nay. 

Extending the Homestead Act. 

In House. 

February 7, 18G6— A bill providing that all 
the public lands in Alabama, Mi3sissi[)pi, Louis- 
iana, Arkansas, and Florida, shall be disposed 
of according to the stipulations of the home- 
stead law of 18G2, no entry to be made lor more 
than eighty acres, and no discrimination to be 
made on account of race or color, and the min- 
eral lands to be reserved, was considered. 

Mr. Taber moved to add this proviso: 

And prooided, also. That nothing in this act 
shall be so construed as to preclude such persons 
as have been or shall be pardoned by the Presi- 
dent of the United States for their participation 
in the recent rebellion from the benefit of bis 
act. 

Which was disagreed to— jciifl 37, nays 104, 
as follow : 

Ye\s — 5Ies.sr3. Delos U. Ashley, Bergen, Bmjer, Brnnlcs, 
Buckliiiiil, Cliankr, Eldritl/e, FoicJc, Gloxsbrtnni'r . Gride.r, 
Aaron llinliiig, l!«iaii, ("huster D. llubb:ird, Edwin JS\ 
Hulibell, Juiiipj; M. Jlamplirei/, Ki-rr, Latluiiii, Le Blniid, 
Marshall. Mcfullou:jii, Mclluer, NiUack, Nicholson, Notll, 
V\if\\)i, RiUer. lloiji.rs, Ross, SkanUlin, SUgreaves, Strouse, 
Taber, Taylor, Tli.iyer, Thornton, Trimble, Vnorheef — 37. 

Nays — Mc.s.sis. Alley, Alli-iDii, Ames, Jiiinos M. Ashley, 
Baker, BaMwiii, Banks, Barkc-r, Baxter, Beainaii, Bvnjainiii, 
Bi<lwe!l, Biii;;liam, Blaiiio, IJlow, B iiitwell, Bramlegee, 
Bromwell, Broomall, Buii'lv, KeacK'i- W. Clarke, Sidney 
Clarke, Cobb, Coukling, Cuok, Culloin, Dailinj;, D.ivis, 
Dawea, Defrees, Deinin^j;, Donnelly, Dri^gs, Kckley, Ey;gles- 
toii, Eliot, Farnsworlli, Farquliar, Ferry, (jiarfielil, llale, 
Abuer C. ILirdin;^, Hart, Hayes, Hi:.;l)y, Hill, lloop'r, 
UotclikiHs, Denias ilulihard, jr., jolm H. Hubbard. Ingersoll, 
Jcnckes, .Julian, Kasson, Kidley, Kel.so, Kuvkendall, Lalliii, 
George V. Lawrence, William Lawrence, Longyi^ar, Lynch, 
Marston. Marvin, McClurg, .Mclndoe, .Mercur, Miller, Mour- 
head, Morris, .Muulton, Myers, Newell, O'Neill, Orth, 
Paino, Pulter.son, I'erham, I'rice, William 11. Randall, AIc.k- 
audor II. Ilice, Jolin II. Rico, Rillins, Sawyer, Scheuck, 
Ploun, Smith, Sp ddins, Starr, Stevens, Trowbrid;;?, Up.s>in, 
Van Aermim, IJurt Vau Iloro, Ward, Warner, Elliliu B. 
Wudhburne, William B. Washburu, \Velkcr, NVeutworth, 



James F. Wilson, Stephen F. TTilssn, Windom, Wood- 
bridge— 104. 

February 8 — The bill passed — ^yeas 112, nays 
29 ; the latter all Democrats, except Messrs, 
Driggs and Latham. 

The bill as finally passed provided that until 
January 1, 1867, any person applying for the 
benefit of the act shall swear "that he has not 
borne arms against the United States, or given 
aid and comfort to its enemies " 

Habeas Corpus. 
Ik House. 
March 20 — The bill to amend an act entitled 
" An act relating to habeas corpus, and regulat- 
ing judicial proceedings in certain cases," ap- 
proved March 3, 1863, was passed — yeas 113, 
nays 31, as follow : 

Yea*! — Messrs. Alley, Allison, Araes, Anderson, Delos R. 
Ashley, .lames M. Astijey, Bakei-, Baldwin, Banks, Barker, 
Baxter, Beainan, Bidwell, Bingham, Blaine, Blow, Itoiitwi'll, 
Bromwell, B.oomall. Bucklaod, Buudy, Reader W Clarke, 
Conkling, Coak. CuUom, Delano, Deming, Dixon, Dri;;g8, 
Duniont, Eggle^ton, Eliot, Famsworth, Faniuliar. Ferry, 
Gartield. Grinnell, Abuer C. Harding, Hart, Hayes, Hender- 
son, Hill, Holmes, Hooper, Asahel W. Hnldiaid, Chester D. 
Hubbard, Uemas Hubbard, jr., John H. Hu[)bar.l. James K. 
Hubbell, HulburJ, Ingersoll, JeDckes,Kasson, Kelley. Kelso, 
Ketcliaui, KuyUendall, LaUin, Latham, George V. Lawrence, 
William Lawrence, Loan, Lynch, Marston, Marvin, Jlcl'lurg. 
Mclvee, Mcliuer, Miller, Moorhead, Morrill. Mo: ris Moul- 
ton, Myers. Newel), Noell. O'Neill, Orth, Piine, Perliani, 
IMielpsi Pike, Plants, Price, William II. Rmdall, Ruymoml, 
Jolin H. Rice, Rollins, Rousseau, Sawyer, Scofield, Sheila- 
liarger, Sloan, Smith, Stevens, Still well, Thayer, Triwliriilge, 
Upson, Van Aernani, Burt Van Horn, Roliert T. Van Horn, 
Ward, Warner, Ellihu B. Washbiirne. William B. Wash- 
burn, Welker, Wentwortb, Whaley, Williams, James P. 
Wilson, Windom, Woodbridge — 113. 

Nats — Messrs. Ancona, Brrgi-n. Boyer, Brooks, CImnle.r, 
Coijroth, Dawson. Eldridge, Glossbrennrr, Grid<r. Hale. Aa- 
ron Hardinj, ITigan, Edwin JV. Haijbell, Jiims M. Hum- 
phrtij, Jfmca. Kerr, Le Blond, Marshall, Mc/^ullowi'i, Nich- 
olson, St-imael J. Randall, Ritter, Rogers, Ross, Sitjreaves, 
Slrnuse, Taber, Thornton, Trimble, Winjleld — 31. 

In Senate. 

April 20 — The bill passed — yeas 30, nays 4, 
as follow : 

Yeas — Messrs. Anthony, Chandler, Clark, Conness, Cra- 
giM,Doolittle, E Imunds, Foster, Henderson, ilow ird, Howe, 
Johnson, Kirkvvood. Laue of Indiana, Morgui, Norton, Nye, 
Pol ml, Pomerov, Ramsey, Sprague, Stewart, Suinnor, Trum- 
bull, Van Winkle, Wade, Willey, Wilhauis, Wilson, Yates— 
:ju. 

Nays — Messrs Backalew, Guthrie, Hendricks, Saulsbury 



No Denial of the Elective Franchise on Account 
of Color. 

In House. 
1866, May 15 — Pending the bill to amend the 

organic acts of the territories of Nebraska, Col- 
orado, Dakota, Montana, Washington, Idaho, 
Arizona, Utah, and New Mexico, ol whii;h thia 
is the ninth section : 

" That within the territories aforesaid there 
shall be no denial of tha elective franchido to 
citizens of the United States because of race or 
color, and all persons shall be equal before the 
law. And all acts or parts of acts, either of 
Congress or the legislative assemblies of the ter- 
ritories aforesaid, inconsistent with the pro- 
visions of this act, are hereby declared null and 
void." 

Mr, Le Blond moved to strike it out, which waa 
disagreed to — yeas 36, nays 76, as follow ; 



rOLITICAL AND MILITARY MISCELLANEOUS. 



117 



Y«jS— Messrs, Aneona, PeIo8 R. Asliloy, Bergen, /?o.ver, 
Cftan-'er, Dawsnu, Vtnisoi, Eldndgv., Finclc, Glosslirenner, 
Gondiifu; Grider, Aaron Harding, Chester D. Uulib:ird, 
Edwin. X. Hubbdl, Kerr. Kiykendiill, l.atliiim, ic JSlond, 
Marshall, NiOlavIc, AHc/iol.mn, i'helps, William U. Raudiill, 
Hitter, Rnjers, Kuss. Rousseau, S/ianldin, Sttf/reatxs, Scrouse, 
Taber, Taylor, Trimble, Wlialey, Wrir/ht—3<i. 

Nays — Messrs. Allison, Adics, Anderson. James M. Ash- 
ley, Baker, Baldwin, Banks, Baxtor, Blaine, Blow, Bout- 
well, Brandesee, Broomall, Sidney Clarke. Cook, Cuiloni, 
Darliu;;, Davis Dawes, Deniing, Donnelly, Duniont, Eggles- 
ton, Farnsworth, Ferry, Garfield, Gri^wold, Hart, Hayes, 
Higbv. Holmes, Hoorer. IIoti'hld>s, AsalielW. Hubbard. De- 
mas aubUard, John H. Uubbard, Huiburd, Ingersoll, 



Jenckes. Julian. Kclley, Kelso, VTillintn LavrrcTice, Loar., 
LoML'year, Lynch, Marston, McClur?, BIcRuer, Moicur, 
Miller, M<iorl"iead, Morrill. Orth. Paine, T'attersou, I'erham, 
Pike, rlaiits, Price. KoUins, Sawyer, Spahliui;, Thayer, 
Francis Thomas, Van Aernain. Burt Van Horn, Ward, >^'ar- 
iKT. Ellihu B. Washburne, William B. Washburn, Welker, 
Williams, James F. Wilson, Stephen F. Wilson, Win- 
do m — 76. 

The bill then passed — yeas 79, nays 43. 

In Senate. 
June 29 — The bill was considered but not 
voted on. 



XII. 



POLITICAL AND MILITARY MISCELLANEOUS. 



TIaion National Platform, June, 1864. 

Resolved, Tliat it is the highest dutj^ of every 
American citizen to maintain against all tlieir 
enemies the integrity of the Union and the par- 
amount authority of the Constitution and laws 
of the United States ; and that, laying aside all 
differences of political opinions, we pledge our- 
selves, as Union men, animated by a common 
sentiment and aiming at a common object, to do 
everything in our power to aid the Government 
in quelling by force of arms the Rebellion now 
raging against its authority, and in bringing to 
the punishment due to their crimes the Rebels 
and traitors arrayed against it. 

Resolved, That we approve the determination 
of the Government of the United States not to 
compromise with Rebels, or to offer them any 
terms of peace, except such as may be based upon 
an unconditional surrender of their hostility and 
a return to their just allegiance to the Constitu- 
tion and laws of the United States, and that we 
call upon the Government to maintain this posi- 
tion, and to prosecute the war with tlie utmost 
Sossible vigor to the complete suppression of tlie 
Rebellion, in fall reliance upon the self-sacrifi- 
»ing patriotism, the heroic valor, and the undying 
devotion of the American people to the country 
and its free institutions. 

Resolved, That as Slavery was the cause, and 
now constitutes the strength of this Rebellion, 
and as it must be, always and everywhere, hos- 
tile to the principles of Republican Government, 
justice, and the National safety demand its utter 
and complete extirpation from the soil of the Re- 
public ; and that, while we uphold and maintain 
the acts and proclamations by wliich the Govern- 
ment, in its own defence, has aimed a death-blow 
at this gigantic evil, we are in favor, further- 
more, of such an amendment to the Constitution, 
to be made by the people in conformity with its 
provisions, as shall terminate and forever pro- 
hibit the existence of Slavery within the limits 
or the jurisdiction of the United States. 

Resolved, That the thanks of the American 
people are due to the soldiers and sailors of the 
Ar jiy and Navy, who have periled their lives in 



defence of their country and in vindication of 

the honor of its flag ; that the nation owes to 
them ,-;ome permanent recognition of their patri- 
otism and their valor, and ample and permanent 
provision for those of their survivors who have 
received disabling and honorable wounds in the 
service of the country ; and that the memories 
of those who have fallen in its defence shall be 
held in grateful and everlasting remembrance. 

Resolved, That we approve and applaud the 
practical wisdom, the unselfish patriotism, and 
the unswerving fidelity to the Constitution and 
the principles of American Liberty, with which 
Abraham Lincoln has discharged, under circum- 
stances of unparalleled difficulty, the great duties 
and responsibilities of the Presidential office ; 
that we approve and endorse, as demanded by 
the emergency and essential to the preservation 
of Ihe nation and as within the provisions of 
the Constitution, the measures and acts which 
he has adopted to defend the nation against its 
open and secret foes ; that we approve, especial- 
ly, the Proclamation of Emancipation, and the 
employment as Union soldiers of men heretofore 
held in slavery ; and that we have full confi- 
dence in his determination to carry these and 
all other Constitutional measures essential to the 
salvation of the country into full and complete 
effect. 

Resolved, That we deem it essential to the 
genei'al welfare li'at harmony should prevail in 
tlie National Councils, and we regard as worthy 
of public confidence and official trust those only 
who cordially endorse the principles proclaimed 
in these resolutions, and which should charac- 
terize the administration of the Government. 

Resolved, That the Government owes to all 
men employed in its armies, without regard to 
distinction of color, the full protection of the 
laws of war ; and that any violation of these 
laws, or of the usages of civilized nations in 
time of war, by the Rebels now in arms, should 
be made the subject of prompt and full redress. 

Resolved, That foreign immigration, which in 
the past has added so much to the wealth, devel- 
jpment of resources, and increase of power to 



118 



POLITICAL MANUAL. 



tui» nation — the .isylnm of the oppressed of all 
naiions — siioulJ bo fostered and encouraged by a 
liberal and jvi.st policy. 

liesolvtd, That we are in favor of the speedy 
construction of the Railroad to the Pacific const. 

Jiesolved, That the National faith, pledged for 
the rederaptiou of the public debt, must be kept 
inviolate, and that for this purpose we recom- 
mend economy and rigid responsibility in the 
public expenditures, and a vigorous and just 
system of taxation ; and that it is the dutj' of 
everj' loyal State to sustain the credit and pro- 
mote the use of the National currency. 

licsohied, That we approve the ['O.-^ition taken 
by the Government that the people of the United 
States can never regard with indifference the 
attempt of any European Pov/or to overthrow 
b}' force or to supplant by fraud the institutions 
of any Republican Government on the Western 
Continent ; and that they will view with ex- 
treme jealousy, as menacing to the peace and 
independence of their own country, the elforts 
of any such power to obtain new footliolds for 
Monarchical (rovernments, sustained by foreign 
military force, in near proximity to the United 
States. 

Deirocratic National Platform, August, 1334. 

Besolvcd, That in the future, as in the past, 
we will adhere with unswerving tidelity to the 
Union under the Constitution as the only solid 
foundation of our strength, security and happi- 
ness as a peofile, and as a framework of govern- 
ment equally conducive to tiie welfare and pros- 
perity of all the States, both northern and 
southern. 

Jiesolved, That this convention does explicitly 
declare, as the sense of the American ])eople, 
that after four years of failure to restore the 
Union by the experiment of war, during wiiich, 
under the pretence of a military necessity, or 
war power liiglier than the Coutitution, the 
Constitution itself has been disregarded in every 
part, and public liberty and private right alike 
trodden down and the material prosperity of 
the country essentially impaired — ^^justice, hu- 
manity, liberty and the public welfare demand 
that immediate efforts be made for a cessation of 
hostilities, with a view to an ultimate conven- 
tion of the States, or other peaceable means, to 
the end that at the earliest practicable moment 
peace may be restored on the basis of the I-'ed- 
eral Union of the States. 

Resolved, That the direct interference of the 
military authorities ^f the United States in the 
recent elections held in Kentucky, Maryland, 
Missouri, and Delaware, was a shameful viola- 
tion of the Constitution ; and a repetition of 
such acts in the approaching election will be 
held as revolutionary, and resisted with all the 
means and [>ower under our control. 

Resolved, That the aim and object of the Dem- 
ocratic party is to preserve the Feden.l Union 
and tlie rights of the States unimpaired; and 
they hereby declare that they consider that the 
administrative usurjiation of extraordinary and 
dangerous powers not granted by the constitu- 
tion ; the subversion of tiie civil by military law 
m States not in insurrection ; tiie arbitrary mili- 
•ary arrest, imprisonment, trial and sentence of 



American citizens in States where civil law f^-s- 
ists in full force ; the suppression of freedom of 
speech and of the press ; the denial of the right 
of asylum ; the open and avowed disregard of 
State rights ; tlie employment of unusual test- 
oaths, and the interference with and denial of 
the riglit of the peopde to bear arms iu their de- 
fence, is calculated to prevent a restoration of 
the Union and the perpetuation of a government 
deriving its just powers from the consent of the 
governed. 

Resolved, That the shameful disregard of the 
Administration to its duty in res[iect to our fel- 
low-citizens who now are, and long have been, 
prisoners of war in a suffeiing condition, de- 
serves the severest reprobation, on the score 
alike of pul>lic policy and common humanity. 

Resolved, That the sympathy of the Demo- 
cratic party is heartily and earnestly extended 
to the soMiery of our army and sailors of our 
navy, v/ho are. and have been in the field and 
on the sea, under the tlag of their country ; and, 
in the event of its attaining power, they wiU 
receive all the care, protection, and regard that 
tlie brave soldiers and sailors of the Republic 
have so nobly earned. 

Call for a Ka,tional Union Convention, 1866. 

A National Union Convention, of at least two 
delegates from each congressional district of all 
the Stales, two from each Territory, tv.'o from the 
District of Columbia, and four delegates at large 
from each State, will be held at the city of Phila- 
delphia, on the second Tuesda}' (14tli) of August 
next. 

Such delegates will be chosen by the electors of 
the several States who sustain the Administration 
in maintaining unbroken tlie Union of the States 
under the Constitution which our fatliers estab- 
lished, and who agree in the following proposi- 
tions, viz : 

The Union of the States is, in every case, in- 
dissoluble, and is perpetual ; and the Constitu- 
tion of the United States, and the laws passed by 
Congress in pursuance thereof, supreme, and con- 
stant, and universal in their obligation ; 

The riglits, the dignitv, and the equality of the 
States iu the Union, including the right of rep- 
resentation in Congress, are. solemnly guaranteed 
by that Constitution, to save which from over- 
throw so much blood and treasure were expended 
in the late civil war ; 

.There is no right anywhere to dissolve the 
Union ortoseparate States from the Union, either 
by voluntary withdrawal, by force of arms, or 
by Congressional action ; neither by the secession 
of the States, nor by the exclusion of their loyal 
and qualified representatives, nor by the National 
Government in any other form; 

Slavery is abolished, and neitiiercan, nor ought 
to be, re-established in any State or Territory 
within our jurisdiction- 

Each State has the unrloubted right to pre- 
scribe the qualifications of its own electors, and 
no external power rightfully can, or ought to, 
dictate, control, or influence the free and volun- 
tary action of the States in the exercise of that 
right ; 

The maintenence inviolate of the rights of tho 
States, and especially of the right of each Stato 



POLITICAL AND MILITARY MISCELLANEOUS. 



110 



to order and control its own domestic concerns, 
according to its own judgment exclusively, sub- 
ject only to the Constitution of the United dtates, 
'is essential to that balance of power on which 
the perfection and endurance of our political 
fabric depend, and the overthrow of that system 
by the usurpation and centralization of power in 
Congress would be a revolution, dangerous to re- 
publican government and destructive of liberty ; 
Each House of Congress is made by the Con- 
stitution the sole judge of the elections, returns, 
and qualifications of its members ; but the exclu- 
sion of loyal Senators and Representatives, prop- 
erly chosen and qualified under the Constitution 
and laws, is unjust and revolutionary ; 

Every patriot should frown upon all those 
acts and proceedings everywhere, which can serve 
no other purpose than to rekindle the animosities 
of war, and the effect of which upon our moral, 
social, and material interests at home, and upon 
our standing abroad, differing only in degree, is 
injurious like war itself; 

The purpose of the war having been to pre- 
serve the Union and the Constitution by putting 
down the rebellion, and the rebellion having 
been suppi-essed, all resistance to the authority 
of the General Government being at an end, 
and the war having ceased, war measures should 
also cease, and should be followed by measures 
of peaceful administration, so that union, liar- 
mony, and concord may be encouraged, and in- 
dustry, commerce, and the arts of peace revived 
and promoted ; and the early restoration of all 
the States to the exercise of their constitutional 
powers in the national Government is indis- 
pensably necessary to the strength and the de- 
fence of the Republic, and to the maintenance 
of the public credit ; 

All such electors in the thirty-six States and 
nine Territories of the United States, and in the 
District of Columbia, who, in a spirit of patriot- 
ism and love for the Union, can rise above per- 
sonal and sectional considerations, and v/ho 
desire to see a truly National Union Convention, 
which shall represent all the States and Terri- 
tories of the Union, assemble, as friends and 
brothers, under the national flag, to hold coun- 
sel together upon the state of the Union, and to 
take measures to avert possible danger from the 
same, are specially requested to take part in the 
choice of such delegates. 

But no delegate will take a seat in such con- 
vention who does not loyally accept the national 
situation and cordially endorse the principles 
above set forth, and who is not attached, in true 
allegiance, to the Constitution, the Union, and 
the Government of the United States. 
Washington, June 25, 1868. 

A. W. Rand.yll, 

President. 

J. R. DOOLITTLE, 

0. H. Browning, 
Edgar Cow.\n, 
Charles Knap, 
SamuI'^l Fowler, 
Executive Committee National Union Club 
We recommend the holding of the above con 
vention, and endorse the call therefor. 
Daniel S. Norton, Jajies Dixon, 
J. W. Nesmith, T. a. Hendricks, 



Address of Democratic Congresameiij 1866. 

To the People of the United States : 

Dangers threaten. The Constitution- -the 
citadel of our liberties — is directly assailed. Tha 
future is dark, unless the people will come to the 
rescue. 

In this hour of peril National Union should 
be the watchword of every true man. 

As essential to National" Union we must main- 
tain unimpaired the rights, the dignity, and tho 
equality of the States, including the right oi 
representation in Congress, and the exclusive 
right of each State to control its own domestic 
co'ncerns, subject only to the Constitution of tho 
United States. 

After a uniform construction of the Constitu- 
tion for more than half a century, the assump- 
tion of new and arbitrary powers in the Federal 
Government is subversive of our system and de 
structive of liberty. 

A free interchange of opinion and kind feeling 
between the citizens of all the States is necessary 
to the perpetuity of the Union. At present 
eleven States are excluded from the national 
council. For seven long months the present 
Congress has persistently deiiied any right of 
representation to the peoplt of these States. 
Lav/s, affecting their highest and dearest inter- 
ests, have been passed without their consent, 
and' in disregard of the fundamental principle of 
free government. This denial of representatioa 
has been made to all the members from a State, 
although the State, in the language of the Presi- 
dent, " presents itself, not only in an attitude of 
loyalty and harmony, but in the persons of rep- 
resentatives whose loyalty cannot be questioned 
under any existing constitutional or legal test." 
The representatives of nearly one-third of the 
States have not been consulted with reference to 
the great questions of the day. There has been 
no nationality surrounding the present Congress. 
There has been no intercourse between the repre- 
sentatives of the two sections, producing mutual 
confidence and respect. In the language of the 
distinguished lieutenant general, 

" It is to be regretted that, at this time, there 
cannot be a greater commingling between the 
citizens of the two sections, and particular!}^ 
of those intrusted with the law-making power." 
This state of things should be removed at 
once and forever. 

Therefore, to preserve the National Union, to 
vindicate the sufficiency of our admirable Con- 
stitution, to guard the States from covert at- 
tempts to deprive them of their true position in 
the Union, and to luring together those who aro 
unnaturally severed, and for these great national 
purposes only, we cordially approve the call for 
a National Union Convention, to be held at the 
city of Philadelphia, on the second Tuesday 
(14th) of August next, and endorse the princi- 
ples therein set forth. 

We, therefore, respectfully, but earnestly, 
urge upon our fellow-citizens in each State and 
Territory and congressional district in the Uni- 
ted States, m the interest of Union and in a 
spirit of harmony, and with direct reference to 
the principles contained in said call, to act 
promptly in the selection of wise, moderate, and 
conservative men to represent theiii in said Coa- 



1-20 



POLITICAL MANUAL. 



vention, to the end that all the States shall at 
once be restored to their practical relations to 
the Union, the Constitution be maintained, and 
peace bless the whole country. 



W. E. Niblack, 
Anthony Thornton, 
Michael C. Kerr, 
G. S. Shanklin, 
Garrett Davis, 
H. Grider, 
Thomas E. Noell, 
Samuel J. Randall, 
Lewis W. Ross, 
Stephen Taber, 
J. M. Humphrey, 
John ilogan, 
B. M. Boyer, 
Teunia G. Bergen, 
Chas. Goodyear, 
Chas. H. Winfield, 
A. H. Coffroth, 
Lovell II. Rousseau, 
Philip Johnson, 
Chas. A. Eldridge, 

John L. 



Reverdy Johnson, 
Thos. A. Hendricks, 
Wm. Wright, 
James Gutlirie, 
J. A. McDougall, 
Wm. Radl'ord, 
S S. Marshall, 
Myer St rouse, 
Chas. Sitgreaves, 
S. E Ancona, 
E. N. Ilubbell, 
B. C. Bitter, 
A. Harding. 
A. J. Glossbrenner, 

E. R. V. Wright, 
A. J. Rogers, 

H. McCullough, 

F. C. Le Blond, 
W. E. Finck, 
L. S. Trimble, 

Dawson. 



Washington, July 4, 1866. 

The Elections of 1866. 

New H.\mpshire — Smyth, Union, 35,018 ; Sin- 
clair, Democrat, 30,176. 

Connecticut — Hawley, Union, 43,974 ; Eng- 
lish, Democrat, 43,433. 

Rhode Isl.^nd — Burnside, Union, 8,197 ; 
Pierce, Democrat, 2,816. 

Oregon — ^V'ood, Union, 327 majority. 

At the special election in Connecticut, in the 
fall of 1865, on suffrage, the vote stood : 

For colored suffrage, 27,217; against, 33,489. 
majority against, 6,272. 

In West Virgini.\, a vote was taken in May, 
on ratifying this constitutional amendment: 

" No person who, since the 1st day of June, 
1861, has given or shall give voluntary aid or 
a.ssistance to the rebellion against the United 
States, shall be a citizen of this State, or be al- 
lowed to vote at any election held therein, un- 
less he has volunteered into the military or naval 
service of the United States, and has been or 
shall be honorably discharged therefrom." 

The majority in its favor iS' 6,922. 

In the Territory of Nebr.yska, a vote was 
taken, with this result: For the proposed State 
constitution, 3,938 ; against it, 3,838. Congress — 
Marquette, Union, 4,110; Brooke, Democrat, 3,- 
974. Governor — Butler, Union, 4,093 ; Morton, 
Democrat, 3,948. 

rorrespondonce between General Grant and Gen- 
eral Lee. 

April 7, 1865. 
Gon. R. E. Lee, Commanding 0. S. A. : 

General : The result of the last week must 
convince you of the hopelessness of further re- 
sistance on the part of the Army of Northern 
Virginia in this struggle. I feel tliat it is so, 
and regard it as my duty tosliiftfrom myself the 
responsibility of any further c-lfusion of blood, by 



the Confederate States army known as the Army 
of Northern Virginia. 

Very respectfully, j'our obedient servant, 
U. S. Grant, Lieut. Gen., 
Commanding Armies of the^ United States 

April 7, 1865. 
GENERAL: I have received your note of thit 
date. Though not entirely of the opinion you 
express of the hopelessness of the further resist- 
ance on the part of tlie Army of Northern Vir- 
ginia, I reciprocate your desire to avoid a useless 
effusion of blood, and therefore before considering 
your proposition I ask the terms you will offer 
on condition of its surrender. 

R. E. Lee, General. 
To Lieut. Gen. Grant, Commanding Armies of 
the United States. 

Aprils, 1865. 
General R. E. Lee, Commanding C. S. A. : 

Gener.^L: Your note of last evening, in reply 
to mine of same date, asking conditions on which 
I will accept the surrender of the Army of North- 
ern Virginia, is just received. 

In reply I would say that peace being my first 
desire, there is but one condition I insist upon, 
viz: That the men surrendered shall be disqual- 
ified for taking up arms again against the Govern- 
ment of the United States, until properly ex- 
changed. I will meet you, or designate otBcers 
to meet any officers you may name, for the same 
purpose, at any point agreeable to you, for the 
purpose of arranging definitely the terms upon 
which the surrender of the Army of Northern 
Virginia will be received. 

Ve^y respectfully, your obedient servant, 
U. S. Grant, Lieut. Gen., 
Commanding Armies of the United State's. 

April 8, 1865. 

General: I received, atalatehour, your note 
of to-day, in answer to mine of yesterday. I 
did not intend to propose the surrender of the 
Army of Northern Virginia, but to ask the terms 
of your proposition. To be frank, I do not think 
the emergency has arisen to call for the surren- 
der of this army ; but as the restoration of peace 
shouhl be the sole object of all, I desire to know 
whether your proposal would tend to that end. 
I cannot, tlierefore, meet you with a view to 
surrender the Army of Northern Virginia; but 
as far as your proposition may affect the Confed- 
erate States forces under my command, and tend 
to the restoration of peace, I should be pleased 
to meet you at 10 A. M. to-morrow, on the old 
stage road to Richmond, between the picket lines 
of ttie two armies. 

Very respectfully, your obedient servant, 
R". E. Lee, General, C. S. A. 
To Lieut. Gen. U. S. Grant, Commanding 
Armies U. S. A. 

April 9. 

General R. E. Lee, Commanding C. S. A.: 

General: Your note of yesterday is received. 
As I have no authority to treat on thesubjectot 
peace, the meeting proposed for ]0A. M. to-day 
could lead to no good. I will state, however, 



asking of yo.' the eurren ler of thai portion of i General, that I am equally anxious for peace 



POLITICAL MILITARY MISCELLANEOUS, 



121 



with yourself, and the whole North entertain the 
same feeling. 

The terms upon which peace can be had are 
well understood. By the South laying down 
their arms they will hasten that most desirable 
event, save thousands of human lives, and hun- 
dreds of millions of property not yet destroyed. 
Sincerely lioping that all our difficulties may be 
settled witliout the loss of another life, I sub- 
scribe myself, very respectfully, your obedient 
servant, 

U. S. Grant, Lieut. Gen. U. S. A. 

AppaL 9, 1865. 

General : I received your note of this morn- 
ing on the picket line, whither I had come \o 
meet you and ascertain definitely what terms 
were embraced in your proposition of yesterday 
•with reference to the surrender of this army. I 
now request an interview in accordance with the 
offer contained in your letter of yesterday for 
that purpose. 

Very respectfully, your obedient servant, 
R. E. Lee, Genercd. 

To Lieut. Gen. Grant, Com'g U. S. Armies. 

April 9. 
General R. E. Lee, Commanding C. S. A.: 

Your note of this date is but this moment 
(11.50 A. M.) received, in consequence of my 
having passed from the Lynchburg road to the 
.Farmville and Lynchburg road. I am at this 
writing about four miles west of Walter's Church, 
and will push forward to the front for the pur- 
pose of meeting you. 

Notice sent to me on this road where you 
wsh the interview to take place, will meet me. 
Very respectfully, your obedient servant, 
U. S. Grant, Lieut. Gen., 
Commanding Armies of United States. 

Appomattox C. H., April 9, 1865. 
General R. E. Lee, Covimanding 0. 8. A. : 

In accordance with the substance of my letter 
to you of the 8th instant, I propose to receive 
the surrender of the Array of Northern Virginia 
on the following terms, to wit: 

Rolls of all the officers and men to be made in 
duplicate, one copy to be given to an officer 
designated by me, the other to be retained by 
sucli officer or officers as you may designate. 

The officers to give their individual paroles 
not to take arms against the Government of the 
United States until properly exchanged, and 
each company or regimental commander sign a 
like [larole for the men of their commands. The 
arms, artillery, and public property to be parked 
and stacked, and turned over to the officers ap- 
pointed by me to receive them. This will not 
embrace the side-arms of officers, nor their pri- 
vate liorses or baggage. 

This done, each otlicer and man will be al- 
lowed to return to their homes, not to be dis- 
turbed by United Slates authority so long as 
they observe their parole and the laws in force 
wliere they may reside. 

Very respectfully, 

U. S. Grant, Lieut. Gen. 



Headq'rs Army of Northern Virginia, 
April 9, 18G5. 
Lieut. Gen. U. S. Grant, Com'g U. S. Armies • 

General : I have received your letter of this 
date containing the terms of surrender of the 
Army of Northern Virginia, as proposed by 
you. As they are substantially the same as 
those expressed in your letter of the 8th instant, 
they are accepted. I will proceed to designate 
the proper officer to carry tlie stipulations into 
efloct. 

Very respectfully, your obedient servant, 
R. E. Lee, Genera? 

The other Rebel armies subsequently surren 
dared on substantially the same terms. 

Agreement between Generals Sherman and 
Johnston. 

Memorandum, or Basis of Agreement, made this 
18th day of April, A. D. 1865, near Durham's 
Station, in the State of North Carolina, by 
and between General Joseph E. Johnston, 
commanding Confederate army, and ALajor 
General William T. Sherman, commanding 
Army of the United States, both being present: 

1. The contending armies now in the field to 
maintain the status g«o, until notice is given by 
the commanding general of any one to its oppo- 
nent, and reasonable time, say forty-eight hours, 
allowed. 

2. The Confederate armies now in existence to 
be disbanded and conducted to their several 
State capitals, therein to deposit their arms and 
public property in the State arsenal, and each 
officer and man to execute and file an agreement 
to cease from acts of war, and to abide the action 
of both State and Federal authorities. The 
number of arms and munitions of war to be 
reported to the Chief of Ordnance at Washing- 
ton city, subject to the future action of the Con- 
gress of the United States, and in the meantime 
to be used solely to maintain peace and order 
within the borders of the States respectively. 

3. The recognition by the Executive of the 
United States of the several State governments, 
on their officers and legislatures taking the oath 
prescribed by the Constitution of the United 
States ; and where conflicting State governments 
have resulted from the war, the legitimacy of all 
shall be submitted to the Supreme Court of the 
United States. 

4. The re-establishment of the Federal Courts 
in the several States, with powers as defined by 
the Constitution and laws of Congress. 

5. The people and inhabitants of all these 
States to be guaranteed, so far as the Executive 
can, tlieir political rights and franchise, as well 
as their rights of person and property, as defined 
by the Constitution of the United States, and of 
the States respectively. 

6. The Executive authority of the Govern- 
ment of the United States not to disturb any of 
the people by reason ot the late war, so long as 
they live in peace and quiet, and abstain from 
acts of armed hostility, and obey the laws in 
existence at the place of their residence. 

7. In general terms, the war to cease, a gen- 
eral amnesty, so far as the Executive of the 
United States can command, on the condition of 
the disbandment of the Confederajte armies, dis- 



122 



POLITICAL MANUAL. 



tribution of armf;, and the resumption of peace- 
able pursuits b}' the olBcers and men hitherto 
composing sucli armies. Not being tally em- 
powered by our respective principals to fultil 
these terms, we individually and officially pledge 
ourselves to promptly obtain an answer thereto, 
and to carry out the above programme. 

W. T. SnEKilAN, 

Maj. Gen., Commanding Army U. S. in N. 0. 

J. E. JoUiS'STOIT, 

General, Commanding C. S. A. in N. C. 

_ The following official dispatch to the Asso- 
ciated Press gives the particulars of its disap- 
proval, and the supposed reasons therefor : 

WAsnisGTON, April 22. — Yesterday evening a 
bearer of despatches arrived from General Sher- 
man. An agreement for a suspension of hos- 
tilities, and a memorandum of what is called a 
basis for peace, had been entered into on the 
18th inst., b}' General Sherman with the rebel 
General Johnston, the rebel General Breckin- 
ridge being present at the conference. 

A. Cabinet meeting was held at 8 o'clock in the 
evening, at which tlie action of General Sher- 
man was disapproved by the President, the Sec- 
retary of War, by General Grant, and by every 
member of the Cabinet. 

General Sherman was ordered to resume hos- 
tilities immediately, and he was directed that 
the instructions given by the late President, in 
the following telegram, which was penned by 
Mr. Lincoln himself, at the Capitol, on the night 
of the 3d of March, were approved by President 
Andrew Johnson, and were reiterated to govern 
the action of military commanders. 

On the night of the 'M of March, while Presi- 
dent Lincoln and his Cabinet were at the Capi- 
tol, a telegram from General Grant was brought 
to the Secretary of War, informing him that 
General Lee had requested an interview or con- 
ference to make an arrangement for terms of 
peace. The letter of General Lee was published 
in a message of Davis to the rebel Congress. 

General Grant's telegram was submitted to Mr. 
Lincoln, who, after pondering a few minutes, 
took up bis pen and wrote with his own hand 
the following reply, which he submitted to the 
Secretary of State and Secretary of War. It was 
then dated, addressed, and signed by the Secre- 
tary of War, and telegraphed to General Grant: 

Wasiiisgton, March 3, 1866, 12 P. U.— Lieu- 
tenant General Grant: Tlie President directs me 
to say to you that he wishes you to have no 
conference with General Lee, unless it be for the 
ca[iitulation of General Lee's army, or on some 
minor and purely military matter. He instructs 
me to say tliat you are not to decide, discuss, or 
confer upon any political question. Such ques- 
tions the President holds in his own hands, and 
will submit them to no military conferences or 
conventions. Meantime, you are to press to the 
utmost your military advantages. 

Edwin M. Stanton, 

Secretary of War. 

After tlie Cabinet meeting last night, General 
3rant started for Norlli Carolina to direct opera- 
tions against Johnston's army. 

Edwin M. Stanton, 

Secretary of War. 



It is reported tliat this proceeding of General 
Sherman was disapproved for the following, 
among other, reasons : 

1. It was an exercise of authority not vested 
in General Sherman, and on its face shows that 
both he and Johnston knew that General Sher- 
man had no authority to enter into any suc/\ 
arrangement. 

2. it was a practical acknowledgment of the 
rebel government. 

3. It undertook to re-establish the rebel State 
governments that had been overthrown at the 
sacrifice of many thousand loyal lives and im- 
mense treasure, and placed the arms and muni- 
tions of war in the hands of the rebels at their 
respective capitals, which might be used as soon 
as the armies of the United States were dis- 
banded, and used to conquer and subdue tho 
loj'al States. 

4. By the restoration of rebel authority in 
their respective States they would be ena'oled 
to re-establish slavery. 

5. It might furnish a ground of responsibility 
by the Federal Government to pay the rebel 
debt, and certainly subjects the loyal citizens of 
rebel States to debt contracted by rebels in the 
State. 

6. It would put in dispute the existence of 
loyal State governments, and the new State of 
West Virginia, which had been recognized by 
every department of the United States Govern- 
ment. 

7. It practically abolished the confiscation 
laws, and relieved the rebels, of every degree, 
who had slaughtered our people, from all pains 
and penalties for their crimes. 

8. It gave terms that had been deliberately, 
repeatedly, and solemnly rejected by I'resident 
Lincoln, and better terms than the rebels had 
ever asked in their most prosperous condition. 

9. It formed no basis of true and lasting 
peace, but relieved the rebels from the pressure 
of our victories, and left them in condition to 
renew their efforts to overthrow the United 
States Government and subdue the loyal States 
whenever their strength was recruited and any 
opportunity should offer. 

General Grant's Orders. 

[General Orders, No. 3.] 

War Department, 
Adjutant General's Office, 
Washington, January 12, 1866. 

TO PROTECT PERSONS AGAINST IMPROPER CIVITi 
SUITS AND PENALTIES IN LATE REBELLIOUS 
STATES. 

Military division and department commanders, 
whose commands embrace or are composed of 
any of the late rebellious States, and who have 
not already done so, will at once issue and en- 
force orders protecting from prosecution or 
suits in the State, or municipal courts of such 
State, all officers and soldiers of the armies of 
the United States, and all persons thereto at- 
tached, or in anywise thereto belonging, subject 
to military authority, charged with offences for 
acts done in tlieir military capacity, or pur- 
suant to orders from proper military authority; 
and to jirotoct from suit or prosecution all loyal 
citizens, or persons charged with offences done 



POLITICAL AND MILITARY MISuELLANEOUb'. 



V2'c 



?,gainst the rebel forces, directly or indirectly, I 
during the existence of the rebellion; and all I 
persons, their agents and etoployes, charged with | 
the occupancy of abandoned lands or plantations, 
or the possession or custody of any kind of 
property whatever, who occupied, used, pos- 
sessed, or controlled the same pursuant to the 
order of the President, or any of the civil or 
military departments of the Government, and to 
protect tliem from any penalties or damages 
tiiat may have been or may be pjronounced or 
adjudg&d in said courts in any of such cases; 
and also protecting colored persons from prose- 
cutions in any of said States charged with of- 
fences for which white persons are not prosecuted 
or punished in the same manner and degree. 
By command of Lieutenant General Grant: 

E. D. TOWNSEND, 

Assistant Adjutant General. 

suppeession of disloyal newspapers. 

Headquartees Armies of United States, 
Washington, Feb. 17, 1866. 

Yon will please send to these headquarters as 
Boon as ])racticable, and from time to time there- 
after, such copies of newspapers published in 
your department as contain sentiments of dis- 
loyalty and hostility to the Government in any 
of its branches, and state whether such paper is 
habitual in its utterance of such sentiments. 
The persistent publication of articles calculated 
to keep up a hostility of feeling between the 
people of different sections of the country can- 
not be tolerated. This information is called for 
with a view to their suppression, which will be 
done from these headquarters only. 

By order of Lieutenant General Grant : 
T. S. Bowers, 
Assistant Adjutant General. 

Democratic Convention of Penn., March 5, 1866. 

The Democracy of Pennsylvania, in Convention met, rco- 
oijniiiiiig a crisis iu the affairs of tlio Republic, and esteem- 
ing the immediate restoration of the Union paramount to 
all other issues, do resolve: 

1. That the States, wheveof the people were lately in 
rebellion, are integral parts of the Uuiou and are entitled 
to representation in Congress by men duly elected who bear 
true f lith to the Constitution and laws, and in order to 
vindicate the maxim that taxation without representation 
ts tyranny, such representatives should be forthwith ad- 
mitted. 

i. That the faith of thn Republic is pledged to the pay- 
ment of the national debt, and Congress should pass all 
laws necessary for that purpose. 

•3. Tliat wo owe obedience to tlio Constitution of the 
United States, (including tlie anieiidnient proliibiting sla- 
very), and under its provisions will accord to those emanci- 
pated all their rights of person and property. 

4. That each State has the exclusive right to regulate 
the qualifications of its own electors. 

5. That the white race alone is entitled to the control of 
the Government of the Republic, and we are unwilling to 
grant the negroes the right to vote. 

6. That the bold enunciation of the principles of the 
Constitution and the policy of restoration contained in the 
recent annual message and Freedmen's Bureau veto mes- 
sage of President Johnson entitle him to the confidence and 
supijort of all who respect the Constitution and love their 
country. 

7. That the nation owes to the brave men of our armies 
and navy a debt of lasting gratitude for their heroic services 
in defence of the Constitution and the Union ; and that 
while we cherish with a tender affection the memories of 
the fallsn, wo pledge to tlieir widows and orphans the na- 
tion's care and protection. 

8. That we urge upon Congress tlie duty of equalizing 
tlie Ijouiities of our soldiers and sailors. 

The following was also adopted: 



liesnlved, That the thanks of the Democracy of Pennayl- 
vania Vie Candsred to «lio IIom. Charles R. iJuclsalew and 
lion, Edgar Cowan, for tlieir patriotic support of the Presi- 
dent's restoration policy: and that sucli thanks are due to 
all tae deriiDcratic memliers of Congress fur their advocacy 
of tlie restoration policy of President Johnson. 

Union Convention of Pennsylvania, March 7. 

2. That the most imperative duty of the present is to 
g'tlier the legitimate fruits of tlie war, in order that our 
Constitution may come out of the rebe'lion puritied. ou^- 
institutions strengthened, and our national lite prolongeil. 

3. That failure in these grave duties would be scarcely 
less criminal than would have been an acquiescence in 
secession and in the treasonable raachiuatioiis of the con- 
spirators, and would be an insult to every soldier who took 
up arms to save the country. 

4. That filled with admiration at the patriotic devotion 
and fearless courage ■with which Andrew .lohnson resisti^l 
and denounced the efforts of the reb(Os to overthrow th« 
National Government, Pennsylvania rejoiceil to express her 
entire confidence in his character and prirciples, and appre- 
ciation of his noble conduct, by bestowing her suffrage upon 
him for the second position in honor and digiuty in the 
country. His bold and outsp(dcen denunciation of the crime 
of treason, his firm demands for the punishment of the 
guilty offenders, and his expressions of thorough sympathy 
with the friends of the Union, secured for him the warmest 
attachment of her people, who, remembering his great ser- 
vices and sacrifices, while traitors and their syiupathizerj 
alike denounced his patriotic action, appeal to him to stand 
firmly by the side, and to repose upon the support, of the 
loyal masses, whose votes formed the foundation of his pro- 
motion, and who pledge to him their unswerving support in 
all measures by which treason shall be stigmatized, loyalty 
recognized, and the freedom, staliility, and unit'' of the Na- 
tional Union restored. 

5. That the work of restorit»E' the late insurrectionary 
States to their proper relatio.is to the Union necessarily 
devolves upon the law-making power, and that until sucii 
action shall be taken no State late'y in insurrection is enti- 
tled to representation in either branch of Congress ; that, 
as preliminary to such actinn, it is the right of Congress to 
investigate for itself the condition of the legislation of those 
States, to inquire respecting their loyalty, and to prescribe 
the terms of restoration, and that to deny ibis necessary 
constitutional power is to deny and imperii one of the 
dearest rights belonging to our representative form of gov- 
ernment, and that we cordially approve of the action of the 
Union representatives in Congress from Peausylvauia on 
this subject. 

6. That no man who has voluntarily engaged in tlie late 
reboUiou, or has held office under the rebel orgini/.ation, 
should be allowed to sit in the Congress of the Union, anil 
that the law known as the test oatli sliould not be repealed, 
but should be enforced against all claimants fur seats in 
Congress. 

7. That the national faith is sacredly p'edged to the pay- 
ment of the national debt incurred in the war lo save the 
country and to suppress rebellion, and that the jieople wil. 
not suffer this faith to be violated or impaiied ; but all debts 
incurred to supjiort the rebellion were unlawful, void, and 
ot no obligation, and shall never bo .-issum 'd liy the United 
States, nor shall any State be permitted to piy any evi- 
dences of so vile and wicked engagements. 

15. That in this crisis of public aff lirs, full of grateful 
recollections of his marvellous and me norable services on 
the field of battle, we turn to the example of unfaltering 
and uncooipromising loyalty of Lieutenant General Grant 
with a confidence not less significant and unshaken, because 
at no period of our great struggle has his proud name been 
associated with a doubtful patriotism, or used for sinister 
purposes by the enemies of our common country. 

17. That the lion. Edgar Cowan, Senator from Pennsyl- 
vania, by his course in the Senate of the United States, has 
disappKiintcdthe hopes and forfeited the confidence of thoso 
to whom he owes his place, and that he is hereby most 
earnestly requested to resign. 

The following resolution was offered as a substitute for 
the fourth resolution, but after some discussion was with- 
drawn : 

That, relying on the well-tried loyalty and devotion of 
Andrew Johnson to the cause of the Union in the dark 
days of treason and rebellion, and remembering his patriotic 
conduct, services, and sufferings, which in times pa.st en- 
deared ills name to the Union party; and now reposing 
full confidence iu his ability, integrity, and patri Usui, wa 
express the hope and confidence that the policy "♦' his Ail- 
mlnistration will be so shaped and conduc eil as to s.ive thu 
nation from the perils whicli still surround it. 

The fourth resc.!ution was then adopted— ye*.s J 00, 
uays 21. 



124 



POLITICAL MANUAL- 



Gonoral Grant's Order for the Protection of Cit- 
izens. 

Headquaktkrs of the Army, 

AUJUT^XT Uexeual's OmcE, 

Wasui.\oton, July C, 1866. 
[General Orders, No. 44.] 

Di'pui tMii'iit. (lisliict. and post commanders in the States 
lately m rcbi'lllou are hereby liirected to arrest all persons 
H'lio have been or niiiy hereafter he charged with the com- 
mit^sioii of crimes and offences against ollicers, age?its, citi- 
eens, and inhabitants of the United States, irrespective of 
color, in cases where the civil authorities have failed, nej; 
lected, or are nnahle to arrest and bring such parties to 
trial, and to <letain them in military confinement until such 
time a.s a pmper judicial tribunal may be ready and willing 
to try them. 

A strict and prompt enforcement of this order is required. 

By command of Lieutenant General Grant; 

E. D. ToWfJREN'D, 

Assisii^nt Adjutant General. 

Unconditional Union Convention of Maryland, 
June 6, 1866. 

Resnlred, That the recistered loyal voters of .Mitryland 
will li.<ten to no pr'^positions to repeal or modify the regis- 
try law. which was enacted in conformity with the i)nivi.s- 
ions of the constitution, and must remain in full fore until 
such time as tho registered voters of the State shall decree 
that till' organic law shall be changed. 

2. That the loyal people of the State are "the legitimate 
guardians and depositaries of its iiower,'' and that the dis- 
loyal "have no, just right to complain of the hardships of a 
law which tli'y have themselves deliberately provoked." 

3. That it is the opinion of this convention, that if dis- 
loyal persons should be registered, it will bo the duty of 
judges of election to administer the oath prescribed by the 
constitution to all whose loyalty may be challenged, and, in 
the language of the constitution, to ''carefully exclude, J mm, 
votinr/'' all that are disqualified. 

4. That we cordially etidorse the reconstruction policy of 
Con.'ress, which excludes the leaders of the rebellion from 
all offices of profit or trust under the National Government, 
and places the basis of representation on the only just and 
honest priociide, and that a white man in Virginiaor South 
Carolina should have just as much representative power, 
and no more, than a white man in Pennsylvania or Ohio. 

6. That the ipiestion of negro suffrage is not an issue in 
the State of Maryland, but is raised by the enemies of the 
Vni >n p irty for the purpose of dividing and distracting it, 
and by this means to ultimately enable rebels to vote. 

6. TliMt we are pledged to the maintenance of the pres- 
ent constitHiion of Maryland, which expressly and em- 
phatically prohibits both rebel suffrage and negro suffrage, 
and we arc equally determined to uphold the registry law, 
which disfranchises rebelsand exclud<-s negroes from voting, 
and have no di-sire or intention of rescinding or abolishing 
either the constitution or the registry law. 

7. That we warn the Union men of Maryland " that no 
Union nutn, high or low, should ccairt the favor of traitors, 
as they can never win it — from the first they have held him 
as their enemy, and to the la-st they will be his; and that 
they should eschew petty rivalries, frivolous jealousies, 
and self-.seekiiig cabals; so shall they save themselves fall- 
ing one by one, an unpitied sacrifice, in a contemptible 
struggle." 

The vote upon the adoption of each resolution w.as unani- 
nicus, with the exception of the sixth resolution, upon 
whiili a division was called, and the result showed 54 yeiis 
to 14 nays. 

The lesclutions were then read as a whole, and adopted 
nnanimoiuly as the utterance of the Convention. 

Convention of Southern Unionists. 

To THE LoYM, Uniomsts of Tiir, Sjuth : 

The grt it issue is upon us 1 The majority in Congress, 
and its si.pporters, firmly declare that "the rights of the 
citizen enumerated in the t'onstitution, and established by 
the supreme law, must bo raaintaimul Inviolate." 

llobels Hjd rebel sympathizers iissert that " the rights of 



the citi7,en must be left to the States alone, nnd under snch 
regulations as the respective States choose voluntarily to 
lU'cscribe." 

We have seen this doctrine of State sovereignty carried 
out in Its practical results until all authority in Congress 
was denied, the Union temporarily ilestroyeil, the constitu- 
tional rights of the citizen of the South nearly annihilated, 
and the land desolated by civil war. 

The time has come when the restructure of Southern 
State government must be laid on constitutional principles, 
or the despotism, grown up under an atiocious leadership, 
be 1 erniitted to remain. We know of no other plin than 
that Cotigress. under its constitutional powers, shall now 
exercise its authority to establish the |>riiiri[de whereby 
protection is made coextensive with ciiizeiiship. 

We maintaiti that no State, either by its organic Law or 
legislation can make transgression on the riizhts of the 
ciii/.en legitimate. We demand and ask you to coucur in 
(l.iuaniling protection to every citizen of the great Republic 
on the basis of equality belbre the law: and furlhei. that 
no State government should be recognized as legitimate 
under the Constitution in so far as it does nor by its organic 
law make impartial protection full and complete. 

Coder the doctrine of " State sovereignty." with rebels in 
the foi<'groimd, controlling Southern legislatures, and em- 
bittered by (h>appointinent in their schemes to destroy the 
Union, there will be no safety for the loyal elenieot of the 
Sotith Our reliance foi protection is now on Congress, and 
the great Union party that has stood and is standing by our 
nationality, by the constitutional rights of the citizen, anJ 
by I ho beneficent principles of the government. 

For the purpose of bringing the loyal Unionists of the 
Soutli into conjunctive action with the true friends of re- 
publican government in the North, wo invite you to send 
delegates in goodly numbers from all the Southern States, 
iucluiliiig Missouri, Kentticky, West Virginia, Maryland, 
and Delaware, to meet at Independence Mall, in the city of 
I'hiladelphia. on the first Monday of Septi mber next. It 
is proposed that we should meet at that time to recommend 
measures for the establishment of such goveriinieiit in the 
South as acccads with and [irotects the rights of all citizens. 
We trust this call will be responded to by numerous dele- 
gations of such as represent the true loyalty of the South. 
That kind of government which gives full protection to all 
rights of the citizen, stich as our fathers inteniled. we claim 
as our birthright. Either the lovers of constitutional lib- 
erty must rule the nation or rebels and their sympathizers 
be permitted to misrule it. Shall loyalty or disloyalty have 
the keeping of the destinies of the nation? Let the re- 
sponses to this call which is now in circulation for signatw'es, 
and is being numerously signed, answer. Notice is given 
that gentlemen at a distance can have their names attached 
to it by sending a request liy letter directed to D. W. Bing- 
ham, Esq., of Washington, D. 0. 

Tennessee W. B. Stokes, 

.TOS. S. FoWLEB, 

James Gettys. 

Texas A. .1. Hamilton, 

Geo. W. Pascbal, 
Lorenzo Suerwood, 

C. B. Sabin. 
Georgia G. W. A.snDCRS, 

Henry U. Cole, 

Missouri J. W. McCi.iRQ, 

John R Kelso, 
.T. F. Benjamin, 
Geo. W. Anuehson. 

Virginia John B. Troth, 

J. M. Stewart, 
Wm. N. Behkley, 
Allen C. Harmon, 
Lewis JIuKenzie, 
j. w. hunnicutt, 
John C. UNDERWoon, 

BURNHAM WaRDWEL» 

Alex. M. Dvvis. 
North Carolina Byron Lxfiin, 

Daniel R. Goodlck. 
Alabama .George Re i:se, 

D. n. Bingii\m, 
M. R. Saffold, 
J. II. Larcombe, 

WAsniNGTON, July 4, 1866. 



CENSUS TABLES. 



125 






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ia 






V2G 



POLITICAL >MANUAL. 



Voles in the U. S. IToicse of Rep'^-ee^-niativea on the Various Tariffs. 



STATES. 


Tariff of 
1816. 


Tariff of 
1824. 


Tariff of 
1828. 


Tariff of 
1832. 


Tariff of 
1842. 


Tariff of 
1846. 


Tariff of 
1857. 


Tariff of 
1861. 


Tariff of 
1864. 


Tariff 
BiM of 

1866.* 




i 


a 






;S 


S5 


i 




f*" 




tc 


?> 

« 
» 


CC 




1 


§, 


i 








NEW ENGLAND STATES. 






1 fi 



4 

4 
2 
4 
1 

15 

27 
5 

23 
1 

1 

57 
3 


7 

1 

11 

2 

1 

21 

6 



5 

11 
15 


6 
6 

4 



17 

27 
3 

14 


8 

52 
11 


1 

3 

8 
3 
2 

17 

2 
3 
12 
1 


18 
8 


3 

5 
10 
6 
2 

26 

23 
6 

19 
1 
4 

53 
3 


3 

4 

1 



8 

9 




3 

12 
17 


7 
4 





11 

14 


2 



1 

17 
14 


1 

3 
9 
4 
1 

18 

16 
5 

23 
1 
2 

47 
1 


6 
1 

9 
4 
1 

21 

16 
2 
3 


25 

13 




1 
3 



1 

5 

12 

1 

15 
1 
I 

lo" 




5 
3 
3 
9 
4 
2 

26 

18 

4 
22 

1 
2 

IT 











2 





4 


3 
2 
3 

8 

1 
1 

18 

14 

1 
15 
1 

_^ 
32 




1 







1 

2 

1 




3 


3 
3 

3 
10 

2 

23 

16 

1 
19 


1 

37 





New ILinipslnre 


1 

4 

7 
2 
2 

16 

20 

5 

17 


3 

1 
4 



10 

2 

3 


1 

5 
1 
5 
2 

15 

26 
6 
24 

1 
3 

60 
1 


5 

11 

1 


23 

8 

1 

6 

15 
21 
















Kbudu Island 





MIDDLE STATES. 

New York 



4 




3 




1 




1 




44 

7 


5 
10 

13 


4 


SOUTHERN STATES. 


13 






. .1 




3 








4 
3 


11 
3 






"o" 





13 
9 
7 

"3" 

1 
3 






"o" 





13 

8 
7 

■3" 
1 
3 


8 

3 

1 

...„. 

1 
1 


4 
6 
6 

"i" 


2 






"6" 

2 


11 
6 
8 

"I' 

2 

1 


5 

7 
5 
1 
7 
4 
3 
2 

48 

3 
6 
12 

4 
4 


3 


2 




1 


7 
6 
8 
2 




6 
4 
4 
1 

7 
4 
4 

1 

44 

6 
7 
5 
3 
4 


1 

1 













2 

14 
8 
4 
3 

1 
3 













4 
1 
13 
2 
4 


1 
3 
2 
2 


4 
4 
6 

8 
3 
2 
1 

37 

4 
3 
5 
4 
2 
4 

































FloriiJa 










1 










1 




Louisiuiia 





1 


1 1 




1 I 






14 

6 
3 

5 


31 

1 



1 

11 

14 

1 
1 


57 









3 

12 


13 
3 

1 



50 


9 



1 


27 

9 
9 
13 
3 
1 


27 

3 







5 

4 
1 
9 
3 
1 
1 



49 

8 
13 
6 
3 

i 

1 










3 

1 





WESTERN STATES. 





4 


7 






Ohio 


4 
2 
3 
5 


10 
4 
4 



15 



2 


3 




7 








V7. 








4 












1 


















6 
4 
1 
2 

1 

28 
3 





2 


24 



1 
4 

2 
1 


3 














. ... 1 




1 





3 




















1 




9. 














1 




1 






1 


2 


2 














1 




i 











14 


3 


31 7 


29 


10 


36 


= 


24 


34 


S8 


23 


30 


37 



1 




PACIFIC STATES. 


32 



22 
1 


27 

2 

1 
1 

4 


40 

















































































— 








— 


— 








2 

T22 



"72" 



I05" 


1 


3 

IT 


1 


n 


Grand Total 


"m 


"HT 


ioY TivJT 


105 


"oT 


T32 


"65" 


10* 


I03" 


114 


~95" 


63 











Statement of the Public Debt of the United States on the 1st of June, 18( 



Ddit lif-aring Coin Iiiterost 

Debt in- iriiij^ Ciir;i'iicy Interest 

M.itiired I'clit not prcsenteil for piiyment 

Debt bearing no li itc-rest.— U. S Notes $402,128,318 00 

I'raction:! Cuirency 2T,:;i;4.i)e5 04 

Gold Certiflcates ot'Deposit 2-',5G8,320 00 

Total Debt 

Amount in Tica-sury, Coin 50,n70,957 72 

" •' Currency 7'J.Ull,12o 52 

Amount of Debt, lesa Cash in Tieasury 



$1,195,825,191 80 

1,147,22:',226 23 

4,900,429 64 



452,001,003 04 
2,799,979,450 76 

TJ0,691,0S3 24 
§2,tJ70,2Ss,367 52 



♦July 12 — In Senate, postponed till Deccnilier next — yeas 23, nays 17, as follow: 

Yeas— .MesHrs. llrown. J)ans, Dooliitle, Foster, Orirnes, Gutlirie, Harris. llcnOerson, irmdricks, Jnlni^on, Kh'kwooii, 
Lane, Jlort;an, Ac.smiUi, Ndrlon, Punieroy, liiddle, Sauls bur;/, Sumner, Tiuuibiill, Willi'y, Williams, Wilson — 23. 

Nay- — Messrs. Antliony. ( li:in(Ilcr,('l:irk, Coiine?^, Cowun, Cragiu, Eiimuuds, i'essenUen, Howard, llowo, I'olaud, Ram- 
sey, kilierniau, Spraguo, Stewart, Van Winkle, Wade — 17. 



r 



MANUAL FOR 1861 



XIV. 



PRESIDENT JOHNSON'S SPEECHES. 



On receiving the Proceedings of the Philadel- 
phia Isith of August Convention. 

18G6, August 18— A committee of the Con- 
vention presented the proceedings through their 
Chairrai n, Hon. Reverdy Johnson, who made 
some rei larks in so doing. 

Prebident JoHKSoN replied: 

Mr. C i.\IRMA?r AST) GEKTtEMEN OF THE COM- 
MITTEE: Language is inadequate to express the 
emotions and feelings produced by this occasion. 
Perhaps I could express more by permitting 
silence to speak and you to inl'er what I ought 
to say. T confess that, notwithstanding the ex- 
perience 1 have had in public life and the audi- 
ences I huve addressed, this occasion and this 
assemblage are calculated to, and do, overwhelm 
me. As I have said, I have not language to 
convey adequately ray present feelings and emo- 
tions. 

In listening to the address which your eloquent 
and distinguished chairman has just delivered, 
the"] roceodingsof the Convention, as they trans- 
pired, recurred to my mind. Seemingly, I par- 
took of the inspiration that prevailed in the 
Convention when I received a dispatch, sent b}' 
two of its distinguished members, conveying in 
terms the scene which has just been described, 
of Soutli Carolina and JMassachusetts, arm in 
arm, marching into that vast assemblage, and 
thus giving evidence that the two extremes had 
come xjgether again, and that for the future 
they ^re united, as they had been in the past, 
for tl 'preservation of the Union. When I was 
thus tformed that in that vast body of men, 
distil: ;^uished for intellect and wisdom, every 
eye was suffused with tears on beholding the 
scene, I could not finish reading the dispatch to 
one associated with me in the otfiee, for my own 
feelings overcame me. [Applause.] I think we 
may justly conclude that v/e are acting under a 
proper inspiration, and that we need not be 
mistaken that the finger of an overruling and 
unerring P'rovidence is in this great movement. 

T'-e nation is in peril. We have just passed 
thrc igh amighty, a bloodj'-, amomentous ordeal ; 
and yet do not find ourselves free from the 
difficulties and dangers that at first surrounded 
us. While our brave soldiers, both officers and 
men, [turning to General Grant, who stood at 
his riglit.j have by their heroism won laurels 
imperishable, there are still greater and more 
important duties to perform ; and while we have 
bad their co-operation in the field, now that 



they have returned to civil pursuits, wo need 
their support in our efforts to restore the Gov- 
ernment and perpetuate peace, [x'lpplause.] So 
far as the executive department of the Govern- 
ment is concerned, the etTort has been made to 
restore the Union, to heal the breach, to pour 
oil into the wounds which were conseqnent nppn 
the struggle, and (to speak in common phrase) 
to prepare, as the learned and wise physician 
would, a plaster healing in character and coex- 
tensive with the wound, [Ayiplause.] Wo 
thought, and we think, tliat we had partially 
succeeded; but as the work progresses, as recon- 
ciliation seemed to be taking place, and the 
country was becoming reunited, we found a 
disturbing and marring element opposing ns. 
In alluding to that element I shall go no further 
than your Convention and the distinguished 
gentleman who has delivered to me the report 
of its proceedings. I shall make no reference 
to it that I do not believe the time and the 
occasion justify. 

We have witnessed in one department of the 
Government every endeavor to prevent the res- 
toration of peace, harmony, and Union. We 
have seen hanging upon the verge of the Gov- 
ernment, as it were, a body called, or which 
assumes to be, the Congress of the United States, 
while in fact it is a Congress of only a part of 
the States. We have seen this Congress pretend 
to be for the Union, when its every step and act 
tended to perpetuate disunion and make a dis- 
ruption of the States inevitable. Instead ol 
promoting reconciliation and harmony, its legis- 
lation has partaken of the chara-cter of penalties, 
retaliation, and revenge. This has been the 
course and the policy of one portion of your 
Government. 

The humble individual who is now addressing 
you stands the representative of another depart- 
ment of the Government. The manner in 
which he was called upon to occupy that posi- 
tion I shall not allude to on this occasion. 
Suffice it to say that he is here under the Con- 
stitution of the country, and being here by 
virtue of its provisions, he takes his stand upon 
that charter of our liberties as the great rampart 
of civil and religious liberty. [Prolonged cheer- 
ing.] Having been taught in my early life to 
hold it sacred, and having done so during my 
whole public career, I shall ever continue to 
reverence the Constitution of my fathers, and to 
make it my guide. [Hearty applause.] 



128 



POLITICAL MANUAL. 



I know it has ocon said (xnd I must be [<er- 
mitted to indulge in the leinaik) that llie execu- 
tive depaitineul of the Government has been 
despotic and t3'rannical. Let me ask this au- 
dience of distinguislied gentlemen to point to a 
vote I ever gave, to a speech I ever made, to a 
eingle act of my wliole public life, that has not 
been against t\Tann3' and despotism. What 
nosition have I ever occupied, what ground 
nave I ever assumed, where it can be truthfully 
charged that I failed to advocate the ameliora 
tioa and elevation of tlie great masses of my 
countr3-meu? [Cries of "Never," and great 
applause.] 

So far as charges of this kind are concerned, 
they are simply intended to delude the public 
tnind into tlie belief that it is not the designing 
men who make such accusations, but some one 
else in power, who is usurping and trampling 
npon the rights and perverting the principles of 
the Constitution. It is done by them for the 
purpose of covering their own acts. [" That's 
so," and applause.] And I have felt it my duty, 
in vindication of principle, to call the attention 
of ray countrymen to their proceedings. When 
we come to e.^camine who has been playing the 
part of the tyrant, by wb.om do we find despot- 
ism exercised? As to myself, the elements of 
my nature, the pursuits of my life, have not 
made me, either in my feelings or in mj' practice, 
aggressive. My nature, on the contrary, is 
rather defensive in its character. But having 
taken my stand upon the broad principles of 
liberty and the Constitution, there is not power 
enough on earttli to drive me from it. [Loud 
and prolonged applause.] Having placed >,iy- 
self upon that broad platform, I have not been 
awed or dismayed or intimidated by either 
threats or encroachments, but have stood there, 
in conjunction with patriotic spirits, sounding 
the tocsin of alarm when I deemed the citadel 
of liberty in danger. [Great applause.] 

I said on a previous occasion, and repeat now, 
that all that was necessary in this great contest 
against tyranny and despotism was that the 
struggle should be sufficiently audible for the 
American people to hear and properly under- 
stand the issues it involved. They did hear, and 
looking on and seeing who the contestants were, 
and what the struggle was about, determined 
that they would settle this question on the side 
of the Constitution and of principle. [Cries of 
" That's so," and applause.] I proclaim here to- 
day, as I have on previous occasions, that my 
faith is in the great mass of the people. In the 
darkest moment of this struggle, when the clouds 
seemed to be most lowering, my faith, instead of 
giving way, loomed up through their gloom ; for, 
beyond, I saw that all would be well in the end. 
My countrymen, we all know that, in the lan- 
guage of Thomas Jefferson, tyranny and despo- 
tism can l^e exercised and exerted more effectually 
by the many than the one. We have seen Con- 
gress gradually encroach step by step upon con- 
stitutional rights, and violate, day after day and 
month after month, fundamental principles of 
the Government. [Cries of " That's so," and 
o-pplause.] We have seen a Congress that seemed 
to forget that there was a limit to the sphere and 
Bcope of legislation. We have seen a Congress in 



a minoritj' assume to exercise power which, if 
allowed to be consummated, would result in des- 
potism or monarchy itself. [Enthusiastic ap- 
plause ] This is truth ; and because others, as 
well as myself, have seen jiroper to appeal to 
the patriotism and republican feeling of the 
countrj-, wehave been denounced ijt44T(; severest 
terms. Slander upon slander, vitdj)eration upon 
vituperation, of the most virulent character, 
has made its way through the press. What, 
gentlemeu. has been your and -\ny Sf '-viiat 
has been the cause of our oSfending? i will teil 
yoir. Daring to stand by the Constitution of our 
fathers. 

Mr. Chairman, I consider the proceedings of 
this Convention equal lo, if not more important 
than, those of any convention that ever assem- 
bled in the United States. [Great applause.] 
When I look upon that collection of citizens 
coming together voluntarily, and .'fitting in coun- 
cil, with ideas, with principles and views com- 
mensurate with all the States, and co-extensive 
with the whole people, and contrast it with a 
Congress whose policy, if persisted in, will des- 
troy the country, I regard it as more important 
tlian any convention that has sat — at least since 
1787. [Renewed applause.] I think I may al;-o 
say that the declarations that were there made 
are equal to those contained in the Declaration 
of Independence itself, and I here to-day pro- 
nounce them a second Declaration of Independ 
ence. [Cries of " Glorious!" and most enthusi- 
astic and prolonged applause.] Your address 
and declarations are nothing more nor less than 
a reaffirmation of the Constitution of the United 
States. [Cries of "Good!" and applause.] 

Yes, I will go further, and say that the dec- 
larations you have made, that the prini.-iples you 
have enunciated in your address, are a second 
proclamation of emancipation to the people of 
the United States. [Renewed applause ] For 
in proclaiming and reproclaiming these great 
truths j'ou have laid down a constitutional plat- 
form on which all, without reference to [larty, 
can make common cause, engage in a common 
effort to break the tyranny which the dominant 
party in Congress has so unrelentingly exercised, 
and stand united together for the restoration of 
the States and the preservation of the Govern- 
ment. The question only is the salvation of the 
country; for our country rises above all party 
consideration or influences. [Cries of "Good!" 
and applause.] llow many are there in the 
United States that now require to be free? They 
have the shackles upon their limbs and are bound 
as rigidly by the behests of party leaders in the 
National Congress as though they were in fact 
in slavery. I repeat, then, that your declara- 
tion is the second proclamation of emancipation 
to the people of the United States, and offers a 
common ground upon which all patriots can 
stand. [Applause.] 

In this connection, Mr. Chairman and gentle- 
men, let me ask what have I to gain more than 
the advancement of the public welfare? I am 
as mucn opposed to the indulgence of egotism 
as anyone; buthere, in aconversational planner, 
while formally receiving the proceedings of this 
Convention, I may be permitted again to inquire, 
what have I to gain, consulting human ambi- 



PRESIDENT JOHNSON'S SPEECHES. 



129 



tion, rjore than I have gained, except one thing 
— the consummation of tiie great work of resto- 
ration ? My race is nearly run. I have been 
placed in the high office wliich I occupy by the 
Constitution of the country, ar.d I may say that 
I have held, from lowest to highest, almost every 
station to whicli a man may attain in our Gov- 
ernment. I have passed through every position, 
from alderman of a village to the Presidency of 
the United States. And surely, gentlemen, this 
should be enough to gratify a reasonable ambi- 
tion. 

If I had wanted authority, or if I had wished 
to perpetuate my own power, how easily could I 
have held and wielded tliat which was placed in 
my hands by the measure called the Freedmon's 
Bureau bill. [Laughter and applause.] With 
an army, which it placed at my discretion, I 
could have remained at the capital of the nation, 
and with fifty or sixty millions of ajipropriations 
at my disposal, with the machinery to be un- 
locked by my own hands, with my satraps and 
dependants in every town and village, with the 
civil rights bill following as an auxiliary, [laugh- 
ter,] ami with the patronage and other appli- 
ancesof the Government, I could have proclaimed 
myself dictator. [" That's true !" and applause.] 

But, gentlemen, my pride and my amb tion 
have been to occupy that position which retains 
all power in the hands of the people. [Great 
cheering.] It is upon them I have always relied ; 
it is upon them I rely now. [A voice: "And 
the people will not disappoint you."] And I 
repeat, that neither the taunts nor jeers of 
Congress, nor of a subsidized, calumniating press, 
can drive me from my purpose. [Great applause.] 
I acknowledge no superior except my God, the 
author of my existence, and the people of tl#^ 
United States. [Prolonged and enthusiastic 
cheering ] Tbe commands of the one I try to 
obey as best I can, compatible with poor hu- 
manity. As to the other, in a political and rep- 
resentative sense, the liigh behests of the people 
have always been, and ever will be, respected 
and obeyed by me. [Applause.] 

Mr. Cbairman, I have said more than I had 
intended to say. For the kind allusion to myself, 
contained in your address, I thank you. In this 
crisis, and at the present period of my public 
life, I hold above all price, and shall ever recur 
with feelings of profound gratification, to the 
resolution containing the endorsement of a con- 
vention emanating spontaneously from the great 
mass of the people. With conscientious convic- 
tion as my courage, the Constitution as my guide, 
and my faith in the people, I trust and hope that 
my future action may be such that you and the 
Convention you represent may not regret the 
assurance of confidence you have so generously 
expressed. [" We are sure of it."] 

Before separating, my friends, one and all, 
please accept my heartfelt tlianks for the kind 
manifestations of regard and respect you have 
exhibited on this occasion. 

In New York, August 29. 

Gentlemen : The toast which has just been 
drank, and the kind sentiments which preceded 
it in the remarks of your distinguished represent- 
ative, the mayor of this city, are peculiarly, un- 
9 



der existing circumstances, gratifj'ing to me ; and 
in saying they are gratifying to me 1 wish not 
to indulge in any vanity. If I were to say les"? 
I should not speak the truth, and it is always 
best to speak tlie truth and to give utterance to 
our sincere emotions. In being so kindly at- 
tended to, and being received as I have been 
received on this occasion — iiere to-night, and in 
your city to-day by such a demonstration — I am 
free to confess that this overwhelms me. But 
the mind would be exceedingly dull and the 
heart almost without an impulse that could not 
give utterance to something responsive to what 
has been said and been done. [Cheers.] And be- 
lieve me on this occasion, warm is tiis heart that 
feels and willing is the tongue tbatspeaks, and I 
would to God it were in my jiower to reduce to 
sentences and to language the feelings and emo- 
tions that this day and this night have produced. 
[Cheers.] I shall not attempt, in reierence to 
what has been said and the manifestations that 
have been made, to go into any speecli, or to 
make any argument before you on this occasion, 
but merely to give utterance to tiie sincere senti- 
ments of my heart. I would that I could utter 
what I do feel in response to tliis outpouring of the 
popular heart which has gone forth on this occa- 
sion, and which will as a legion spread itself and 
communicate with every heart throughout the 
Confederacy. [Cheers.] All that is wanting in 
the great struggle in wliich we are engaged is 
simply to develop the popular heart of tlie na- 
tion. It is like latent fire. All that is necessary 
is a sufficient amount of friction to develop the 
popular sentiment of the popular feeling of the 
American people. [Cheers.] I know, as you 
know, that we liavejust passed through a bloody, 
perilous conflict ; that we have gentlemen who 
are associated with us on this occasion, who have 
sliared their part and participated in thesestrug 
gles for the preservation of the Union. [GreaJ 
applause.] Here is the Army, [jiointingto the 
right, where sat General Grant,] and here the 
Navy [pointing to the left in the direction ol 
Admiral Farragut.] They have performed theii 
part in restoring the Government to its presen. 
condition of safety and security; and will it be 
considered improper in me, on this occasion, to 
say that the Secretary of State has done his part ; 
[Cheers.] As for the humble individual who 
now stands before you, and to whom you have 
so kindly and pleasantly alluded, as to what 
part he has performed in this great drama, in 
this struggle for the restoration of the Gov- 
ernment and the suppression of rebellion, I 
will say that I feel, though I may be included 
in this summing up, that the Government hab 
done its duty. [Cheers.] But tliough the Gov- 
ernment has done its duty, the work is not ye< 
complete. Though we have passed through 
fields of battle, and at times have almost been 
constrained and forced to the conclusion that W8 
should be compelled to witness the Goddess of 
Liberty, as it were, go scourged through fields 
of carnage and of blood, and make her exit, and 
that our Government would be a failure, yet we 
are brought to a period and to a time in which 
the Government has been successful- While the 
enemy have been put down in the field there is 
still a greater and more important task for you 



130 



POLITICAL MANUAL. 



and others to perform. [Cheers ] I must be 
permitted — and I sliall not trespass upon you a 
iroment — I must be permitted to remark in this 
connection, that the Government commenced the 
suppression of this rebellion for the express pur- 

fose of preserving the union of these Stales. 
Cheers.] That was the declaration that it made, 
and under that declaration we went into the war 
and continued in it until we suppressed the re- 
bellion The rebellion has been suppressed, and 
in the suppression of the rebellion it has de- 
clared and announced and established the great 
fact that these States had not the power, and 
it denied their right, by forcible or b}' peaceable 
means, to separate themselves from the Union. 
[Cheers. "Good."] That having been deter- 
mined and settled by the Government of the 
United States in the field and in one of the 
departments of Government — the executive de- 
partment of the Government — there is an open 
issue; there is another department of your Gov- 
ernment which has declared by its officials acts, 
and by the position of the Government, notwith- 
standing tlie rebellion was suppressed, for the 
purpose of preserving the Union of the States 
and establishing the doctrine that the States 
could not secede, yet they have practically as- 
sumed and declared, and carried up to the present 
point, that the Government was dissolved and 
the States were out of the Union. [Cheers.] 
"We who contend for the opposite doctrine }^ears 
ago contended that even the States had not the 
rjght to peaceably secede; and one of the means 
and modes of possible secession was that the 
States of the Union might withdraw their repre- 
sentatives from the Congress of the United 
States, and that would be ])ractical dissolution. 
Wedeniedthatthey had any such right. [Cheers.] 
And now, when the doctrine is established that, 
they have no right to withdraw, and the rebellion 
is Jit an end, and the States again assume their 
position and renew their relations, as far as in 
them lies, with the Federal Government, we find 
that when tliey present representatives to the 
Congress of the United States, in violation of the 
eacrcd c'.iarter of liberty, which declares that you 
cannot, even by amendment of the Constitution 
of the United States, deprive any one of them 
of their representation — we find tliat in violation 
of the Constitution, in express terms, as well as 
in spirit, that these States of the Union have 
been and still are denied their representation in 
the Senate and in the House of Representatives. 
Will we then, in the struggle which is now before 
us, submit, will the American people submit, to 
this practical dissolution, a doctrine that we have 
repudiated, a doctrine that we have declared as 
having no justice or right? The issue is before 
vou and before the countr}'. Will these States 
te permitted to continue and remain as they are 
in practical dissolution and destruction, so far as 
representation is concerned? It is giving the 
lie direct — it is subverting every single argument 
and position we have made and taken since the 
rebellion commenced. Are wo prepared nov/, 
after having passed tbrongh this rebellion ; arc 
we prepared, after the immense amount of blood 
that has been shed ; are we jirepared, after having 
accumulated a debt of over three thousand mil- 
lions of do'.lars ; are we prepared, after all the 



injury that has been inf]..'ted upon the people, 
Nortli and South, of thia Confederacy, now to 
continue this disrupted condition of the country ? 
[Cries, " No, no!" "Never!" Cheers.] Let me 
ask this intelligent audience here to-night, in the 
spirit of Christianity and of sound philosophy, 
are we prepared to renew the scenes through 
which we have passed? ["No! no! no !"] Are 
we prepared again to see one portion of this 
Government arrayed in deadly conflict against 
another portion ? Are we prepared to see the 
North arrayed against the South, and the South 
against the Nortb ? Are we prepared, in tliis 
fair and happy Government of freedom and of 
liberty, to see man again set upon man, and in 
the name of God lift his hand against the throat 
of his fellow ? Are we again prepared to see 
these fair fields of ours, this land that gave a 
brother birth, again drenched in a brother's 
blood? [" Never, never." Cheers.] Are we not 
rather prepared to bring from Gilead the balm 
lliat has relief in its character and pour it into 
tlie wound? [Loud cheering.] Have not we 
seen enough to talk practically of this matter? 
Has not this array of the intelligence, the in- 
tegrity, the patriotism, and the wealth a right to 
talk practically ? Let us talk about this tiling. 
We have known of feuds among families of the 
most respectable character, which would separate, 
and the contest would be angry and severe, yet 
when the parties would come together and talk 
it all over, and the differences were understood, 
they let their quarrel pass to oblivion ; and wo 
have seen them approach each other with affec- 
tion and kindness, and felt gratified that the feud 
had existed, because they could feel better after- 
wards. [Laughter and applause. ] They are our 
brethren. [Cheers.] They are part of ourselves. 
[" Hear ! hear !"] They are bone of our bone and 
llesh of our flesh. [Cheers.] They have lived 
with us and been part of us from the establish- 
ment of the Government to the commencement 
of the rebellion. They are identified with its 
history, with all its prosperity, in every sense of 
the word. We have had a hiatus, as it were, but 
that has passed by and we have come together 
again; and nosv, alter having understood what 
the feud was, and the great apple of discord re- 
moved; having lived under the Constitution of 
tlie United States in the past,tliey asktolivu under 
it in the future. May I bo permitted to indulge 
in a single thought hero? I will not detain you 
a moment. ["Go on." "Go on." "Go on." 
Cheers.] You [turning to Mayor Hoffman] are 
responsible for having invoked it. [Laughter.] 
What is now said, gentlemen, after the Pliila- 
del[ihia Convention has met to pronounce upon 
the condition of the country? What is now 
said? Why, that these men who met in tliat 
Convention were insincere ; that their utterances 
were worthless ; that it is all pretense, and they 
are not to be believed. When you talk about 
it, and talk about red-handed rebels, and all 
that, who has fought these traitors and rebels 
with more constancy and determination than 
tlie individual now before you? Who has sacri- 
ficed and suffered more? [Cheers.] Bat because 
my sacrifices and sufferings have been great, and 
as an incident growing out of a great civil war, 
should I become dead O' in'ensible !;o tru'h c 



PRESIDENT JOilNSOrr S SPEECHES. 



13] 



principle? ["No, no." Cheers.] But these men, 
notwithstanding they may prol'esa now loyalty 
and devotion 1o the union of the States, are 
said to be pretenders, not to be believed. What 
better evidence can you hav<; of devotion to 
the Government than profession and action ? 
Who dare, at this day of religious and political 
freedom, to set up an inquisition, and come into 
the human bosom to inquire v/liat are the senti- 
ments there? [Cheers.] Hov/ many men have 
lived in this Government from its origin to the 
pjresent time that have been loyal, that have 
obeyed all its laws, that have paid its taxes, and 
fustained tlie Government in the hour of [lenl, 
yet in sentiment would have preferred a change, 
or v.'ould have preferred to live under some other 
form of government? But the best evicence 
you can have is tlieir [iractical loyalty, their 
professions, and their actions ["Good," "good," 
and applause.] Then, if these gentlemen in 
convention, from the North and South, come tor- 
ward and profess devotion to the Union and the 
Constitution of these States, when their actions 
and professions are for loyalty, who dare as- 
sume the contrary? [Cheers.] If we have 
reached that point in our country's history, all 
confidence is lost in man. If we have reached 
that point that we are not to trust each other, and 
our confidence is gone, I tell j^ou your Govern- 
ment is not. as strong as a rope of sand. It has 
no weight; it will crumble to pieces. This Gov- 
ernment has no tie, this Government lias no 
binding and adhesive power, beyond the confi- 
dence and trust in the people. ["Hear, hear." 
Loud n[>plause.] But these men who sit in con- 
vention, who sit in a city whose professions 
have been, in times gene by, that they were a 
peace-loving and war- hating people — they said 
there, and their professions should not be doubt- 
ed, th;it they have reached a point at which 
they say peace must be made ; they have come 
to a point at which they want peace on earth 
and good-will to men. [Loud cheers.] And 
now, what is the argument in excuse? We 
won't believe you, and therefore this dissolution, 
this j>ractical dissolution, must be continued to 
exist Your attention to a single point. W'hy 
is a southern man not to be believed? and I do 
not speak here to-night because I am a southern 
man, and because my infant view first saw the 
light of heaven in a southern State. [" They are 
to be believed."] Thank God, though I say it 
myself, I feel that I have attained opinions and 
notions that are coextensive with all these States, 
with all the people of them. [Great applause. 
The whole audience rose and waved their hand 
kerchiefs at this sentiment. Voice — " That's the 
best thing to-night."] While I am a southern 
man, I am a northern man ; that is to say, I am 
a citizen of the United States, [cheers,] and I 
am willing to concede to all other citizens what 
I claim for myself. ["Sound."] But I was going 
to bring to your attention, as I am up, and you 
must not encourage me too much, ["Good! good! "] 
for some of those men who have been engaged 
in this thing, and pretty well broken down, 
require sometimes a little effort to get them 
warmed. [Laughter.] I was going to call your 
attention to a point. The southern States or 
their leaders proposed a separation. Now, what 



was the reason that iliny offered for that srjiaia- 
tion? Your attention. The time has come to 
think; the time has come to consult our brain, 
and not the impulses and passions of the heart. 
The time has come when reason should bear 
sway, and feeling and impulse should be sub- 
dued. [Cheers.] What was the reason, or one 
of the reasons at least, that the South gave for 
separation? It was that the Constitution was 
encroached upon, and that they were not se- 
cured in their rights under it. That was one of 
the reasons ; whether it was true or false, that 
was the reason assumed. We will separate from 
this Government, they said, because we c^mnot 
have the Constitution executed; and, therefore, 
we will separate and set up the same Constitu 
tion, and enforce it under a government of our 
own. But it was separation. I fought then 
against those who proposed this. 1 look my 
position in ihe Senate of the United States, and 
assumed then, as I have since, that this Union 
was [lerpetual, that it was a great magic circle 
never to be broken. [Cheers.] But the reason 
the South gave was that the Constitution could 
not be enforced iu the present ("ndition of the 
country, and hence they would separate. They 
attempted to separate, but they failed. But 
while the question was pending, they estab- 
lished a form of government.; and what form of 
government was it? What kind of Constitution 
did they adopt? Was it not the same, with a 
lew variations, as the Constitution of the United 
States, [Cheers, and "That's so!"] the Con- 
stitution of the United States, under which they 
had lived from the origin of the Government up 
to the time of their attempt at separation' They 
made the experiment of an attempted separation 
under the plea that they desired to live under 
that Constitution in agovernment where it would 
be enforced. We said " You shall not separate, 
you shall remain with us, and the Constitution 
shall bo preserved and enforced." [Cheers.] The 
rebellion lias ceased. And when their arms were 
put dov.'n by the Army and Navy of the United 
States, they accepted the terms of the Govern- 
ment. We said to them, before the termination 
of the rebellion, " Disband your armies, return 
to your original position in the Government, 
and we will receive you with open arms." The 
time came when their armies were disbanded 
under the leadership of my distinguished friend 
on the right, [General Grant.] [" Three cheers 
for (ieneral Grant."] The Army and the Navy 
dispersed their forces. What were the terms of 
capitulation? They accepted the proposition 
of the Government, and said, "We have been 
mistaken ; we selected the arbitrament of thd 
sword, and that arbiter has decided against us ; 
and that being so, as honorable and manly men, 
we accept the terms you offer us." The query 
comes up, will they be accepjted? Do we want 
to humiliate them and degrade them, and tread 
them in the dust? [" No, no ! " Cheers.] I say 
this, and I repeat it here to-night, 1 do not 
want them to come back into this Union a de- 
graded and debased people. [Loud cheers.] They 
are not fit to be a part of this great American 
family if they are degraded and treated with 
ignominy and contempt. I want them when they 
come back to become a part of this great coun 



iz-z 



POLITICAL MANUAL. 



try, an honored f'Ortion of tho American peopl'>. 
1 wnnt them to come back with all their man- 
hood ; ther; tho3' are fit, ivnd not without that, to 
be a part of these United States [Cheers. "Three 
cheers for Andrew Jol'nsnn "] I have not, how- 
ever, apprcMch'^d the point ihatl intended tomen- 
tion, and 1 know i am lalking too long. ["Goon," 
"goon," "goon."] Wh)- should we distrust 
thf. southern people an-l say they are not to be 
believed ? 1 have just called j'our attention to 
the Constitution under wliich they were desirous 
to live, and that was tiie (Constitution of their 
fathers, yet they wanted it in a separate condi- 
tion. Having been defeated in bringing about 
that separntion, and having lost the institution 
of slavery, the great apple of discord, they now, 
in returning, take up thnt Constitution, under 
which they alwa}'s lived, and which they estab- 
lished lor themselves, even in a separate gov- 
ernment. Where, then, is the cause for distrust? 
Where, then, is the cause for the want of con- 
fidence? Is there any ? [" No, no."J I do not. 
come here to-night to apologize for persons who 
have tried to destroy this Government ; and il 
every act of my life, either in speeches or in 
practice, does not disprove the charge that I 
want to apologize for them, then there is no use 
in a man's having a public record. [Cheers.] 
But I am one of I hose who take the southern peo- 
ple, with all their heresies and errors, admitting 
that in rebellion they did wrong. The leaders 
coerced thousands and thousands of honest men 
into the rebellion who saw the old flag flap in 
the breeze for the last time with unfeigned sor- 
row, and welcomed it again with joy and thanks- 
giving. The leaders betrayed and led the south- 
ern people astray upon this great doctrine of se- 
cession. We have in the West a game called 
hammer and anvil, and anvil and hammer, and 
while Davis and others were talking about sep- 
aration in the South, there was another class, 
rhilli[)s, Garrison, and men of that kind, who 
were talking about dissolution in the North; 
and of the^ft extremes one was the hammer and 
the other was the anvil ; and when tlie rebellion 
broke out one extreme was carrying it out, and 
now that it is suppressed the other class are still 
trying to give it life and effect. 1 fought those 
in the South who commenced the rebellion, and 
now I o[)pose those in the North v/ho are trying 
to break up the Union. [Cheers.] I am for the 
Union. 1 am against all those who are opposed 
to the Union. [Great applause.] I am for the 
U'nion, the whole Union, and nothing but the 
Union. [Renewed cheering.] I have helped 
my distinguished friend on my right, General 
Grant, to figiit tlie rebels South, and I must not 
forget a peculiar phrase, that he was going to 
fight it out on that line. [Applause and laugh- 
ter.) 1 was witJi him, and 1 did all that I could ; 
and when we whipped them at one end of the 
line, I want to say to you that 1 am for whip- 
ping them at the other end of the line. [Great 
laughter and applause.] I thank God that if he 
is not in the field, militarily speaking, thank 
God ! he is civilly in the field on the other side. 
[Cheers for Grant] This is a contest and strug- 

fie for the Union, for tlie union of these States. 
Applause.] The North can't get along without 
the South, and the South can't get along with- 



out the North. ["That's so," and applause.] I 
have heard an idea advanced, that if we let the 
southern members of Congress in they will con- 
trol the Government. Do you want to be gov- 
erned by rebels ? [Cries of "Never," " No, no."] 
We want to let loyal men in, [" llear, hear."] 
and none but loyal men. [" Good, good."] But, 
I ask here to-night, in the face of this intelli- 
gent audience, upon what does the face of the 
observation rest, that men coming in from the 
South will control the country to its destruction? 
Taking the entire delegation of the South, fifty- 
eight members, wliat is it compared witli the 
two hundred and forty-two members of the rest 
of tlie Union ? [" Good boy !"] Is it compliment- 
ary to the North to say wo are afraid of them? 
Would the free States let in fifty-eight members 
from the South that we doubt, that we distrust, 
that we have no confidence in ? If we bring them 
into the Government, these fifty-eight representa- 
tives, are they to control the two hundred and 
forty-two? There is no argument that the in- 
fluf^nce and talent and the principles they can 
bring to bear against ns, placing them in the 
worst possible light [A voice, "The Sumner ar- 
gument"] can be a cause for alarm. We are 
represented as afraid of these fifty eight men, 
afraid that they will repudiate our public debt; 
that they can go into the Congress of the United 
States under the most favorable conditions they 
could require, the most otfensive conditions to 
us, and could overwhelm a majority of a hun- 
dred and fifty to a hundred and eighty, [a voice, 
" Ridiculous"] — that these men are going to 
take charge of the country. Why. it is croaking; 
it is to excite your fears, to aj»peal to your pre- 
judice. Consider the immense sums of money 
that have been expended, the great number of 
lives that have been lost, and the blood that has 
been shed ; that our bleeding arteries have been 
staved and tied up; that commerce, and me- 
chartral industry, and agriculture, and all the 
pursuits of peace restored, and we are repre- 
sented as cowards enough to clamor that if these 
fifty-eight men are admitted as the representa- 
tives of the South the Government is lost. We 
are told that our people are afraid of the ])eople 
of the South; that we are cowards. [Cries of 
" We are not."] Did they control you before the 
rebellion commenced? Have they any more 
power now than they had then ? Let me say to 
this intelligent audience here to-night, I am no 
prophet, but I ])redicted at different times, ia 
the beginning of the late rebellion, what has 
been literally fulfilled. [Cries of " That's so."] I 
told the soucliern people years ago, that when- 
ever they attempted to break up this Union, 
whenever they attemjited to ilo that, even if tiiey 
succeeded, that the institution of slavery would 
be gone. ["Good, good."] Yes, sir, [turning to 
Mr. Seward,] jou know that 1 made that argu- 
ment to Jeff Davis. You will bear witness to 
the position I then occupied. 

Mr. Seward. I gue.«s so. [Applausp.] 
Mr. Johnson. Yes, ami you were among the 
few that gave mo encouragement. [Applause.] 
I told them then that the in.-titution of slavery 
could not survive an attem[)t to break up this 
Union. They thought dilTerently. Theyputup 
a stake: what was it? It was four millions ot 



PRESIDENT JOHNSON S SPEECHES. 



Blaves, in whici; they had invested their capital. 
Their investment in the institution of slavery 
amounted to $3,000,000,000. This they put up at 
etake, and said they could maintain it by separat- 
ing these States That was the experiment; what 
are the facts of the result? The Constitution still 
exists. [Great cheering.] The Union is still pre- 
served. [Clieers.] They have not succeeded in 
going out, and the institution of slavery is gone. 
[" Hear, hear."] Since it has been gone they have 
come up manfully and acknowledged the fact in 
their State conventions and organizations, and 
the}' ratify its fall now and forever. [Cheers.] I 
have got one other idea to put riglic alongside of 
this. [Applause and laughter.] You have got 
a debt of about $3,000,000,000. [" Tliat's so."] 
How are you going to preserve the credit of 
that? Will you tell me. [Voices, "You tell 
ns."j How are you to preserve the credit of this 
$3,000,000,000? Yes, perhaps when tlie account 
is made up your debt will be iound $3,000 000,000 
or $4,000,000,000. Will you lell me how you 
are to secure it, how the ultimate piiyrnent o' 
the principal and interest of this sum is to be 
secured? Is it by having this Government dis- 
rupted ? [Mr. Seward and others, " No, no."] Is 
it by the division of these States? ["No."] Is 
it by separating this Union into petty States ? 
[ " No."] Let me tell you here to-night, my New 
York friends, I tell you that there is no way by 
which these bonds can be ultimately paid, by 
which the interest can be paid, by which the 
national debt can be sustained, but by the con- 
tinuity and perpetuity and by the complete 
union of these States. [Applause.] Let me tell 
you who fall into this fallacy, and into this great 
neresy, you will reap a more bitter reward than 
the southern brethren have reaped in putting 
their capital into slavery. 

Mr. Seward, sotto voce. The argumentum ad 
hominem. ["Good."] 

Mr. Johnson. Pardon me, I do not exagger- 
ate. I understand this question. You who 
play a false part, now the great issue is past, 
you who play into the hands of those who wish 
to dissolve the Government, to continue the 
disreputable conditions to impair and destroy 
the public credit, let us unite the Government 
and you will have more credit than you need. 
[Applause.] Let the South come back with its 
great mineral resources; give them a chance to 
come back and bear a part, and I say they will 
increase the national resources and the national 
capacity for meeting these national obligations. 
I am proud to say on this occasion, not by way 
of flattery, to the people of New York, hut I am 
proud to find a liberal and comprehensive and 
patriotic view of this whole question on the part 
of the people of New York. I am proud to find, 
too, that here you don't believe that your exist- 
ence depends upon aggression and destruction ; 
that while you are willing to live, you are will- 
ing to let others live. [Applause.] You don't 
desire V^ live by the destruction of others. 
Some have grown fat, some have grown rich by 
the aggression and destruction of others. It is 
for you to make the application, and not me. 
These men talk about this thing, and ask what 
is before you? What is before you? New 
York, this great State, this great commercial 



emporium — I was asking your mayor to-d;iy t':o 
amount of your taxation, and he informs uic it 
is $18,000,000! Where did your Government, 
start from but the other day? Do you remeinlur 
that when General Washington was inauguradd 
President, that your annual bill was $2,500,000 
for the entire General Government. Yet to-day 
I am told that my distinguished friend on my 
left controls the destinies of a city whose tax' s 
amount to $18,000,000, and whose po[iulaiion 
numbers four millions — double what the entire 
nation had at the time when it commenced its 
existence. 

General Sandford. Our taxation by the Gen- 
eral Government is $50,000,000. 

Mr. Johnson. I am simply trying to get at 
the amount collected to sustain your municipal 
establishment. Thus may we advance, enter- 
taining the principles which are coextensive with 
the States of this Union, feeling, like you, that 
our S3'stfm of Government comprehends the 
whole people, not merely a part. [Applause.] 
New York has a great work to perform in the 
restoration of this great Union. As I have told 
you, they who talk about destroying the great 
elements that bind this Government together 
deny the power, the inherent power, of the Gov- 
ernment, which will, when its capacities are put 
to the test, re-establish and readjust its position, 
and the Government be restored. [Applause.] 
I tell you that we shall be sustained in this 
effort to preserve the Union. It would be just 
about as futile to attempt the resistance of the 
ocean wave, or to check the wind, as to prevent 
the result I predict. You might as well attempt 
to turn the Mississippi hack upon its source as 
to resist this great law of gravitation that is 
bringing these States back and be united with 
us as strong as ever. I have been called a dem- 
agogue, and would to God that there were more 
demagogues in the land to save it! [Applause.] 
The demonstration here to-day is the result of 
some of these demagogical ideas; that the great 
mass of the people, when called to take care of 
the people, will do right. 

A voice. Sure as you are born. [Laughter.] 

Mr. Johnson. I tell you, you iiave comrnencec 
the grand process now. I tell those present wh< 
are croaking and talking about individual ag 
grandizeinent and perpetuation of party, I teL 
them that they had better stand from under 
[laughter and cheers,] they had better get out 
of the way [cheers ;] the Government is coming 
together, and they cannot resist it. Sometimes, 
when my confidence gives out, when my reason 
fails me, my faith comes to my rescue, and tells 
me that tliis Government will be perpetuated 
and this Union preserved. [Cheers.] I tell you 
here to-night, and I have not turned philan- 
thropist and fanatic, that men sometimes err, 
and can again do right ; that sometimes the fact 
that men have erred is the cause of making them 
better men. [Applause.] I am not for destroy 
ing all men, or condemning to total destruction 
all men who have erred once in their lives. I 
believe in tlie memorable example of Him who 
came with peace and healing on his wings ; and 
when he descended and found men condemned 
unto the law, instead of executing it, instead of 
shedding the blood of the world, he placed him- 



134 



POLITICAL MANUAL. 



?elf upon the cross, and died, that man might be 
raved. If I have pardoned many, I trust in God 
111 at I have erred on the right side. If I have 
])arUoned many, I believe it is all for the best 
interests of the country; and so believing, and 
convinced that our southern brethren were giv- 
ing evidence by their practice and profession 
tliat they were repentant, in imitation of Ilim 
of old who died for the preservation of men, I 
exercised that mercy which I believed to be my 
duty. I have never made a prepared speech in 
my life, and only treat these topics as they occur 
to me. The country, gentlemen, is in your hands. 
The issue is before you. I stand here to-night, 
not in the first sense in the character of the Chief 
Magistrate of the nation, but as a citizen, defend- 
ing the restoration of the Union and the per- 
petuation of the Constitution of my country, 
bince becoming the Chief Magistrate I have tried 
to fulfill my duty — to bring about reconciliation 
and harmony; my record is before you. Yon know 
how politi' ians will talk ; and if you people will- 
get right, don't trouble yourselves about the pol- 
iticians, for wlien the people get right the politi- 
cians are very accommodating. [Clieers.] But 
let me ask this audience here to-night, Wliat am 
I to gain by taking the course I am taking if it 
was not patriotic and for my country ? Pardon 
me; I talk to you in plain parlance. I have 
filled every office in this Government. You may 
talk to me as you will, and slander — that foul 
whelp of sin — may subsidize, a mercenary press 
may traduce and vilify, mendacious and unprin- 
cipled writers may write and talk, but all of them 
cannot drive m.o from ray purpose. [" Bravo ! " 
and cheers.] What have I to gain? I repeat. 
From the position of the lowest alderman in 
your city to President of the United States, I 
have filled every office to the country. Who 
can do more? Ought not men of reasonable am- 
bition to be satisfied with this? And ought not 
I to be willing to quit right here, so far as I am 
concerned? [Applause] I tell this audience 
here to-night, that the cup of my ambition has 
been filled to overflowing, with the exception of 
one thing. Will you hear what that is? [Cries 
of Ye.s," and "What is it?"] At this particular 
crisis ami period of our country's history I find 
the Union of these States in peril. If I can now 
be instrumental in keeping the possession of it 
in your hands, in the hands of the people; in 
restoring prosperity and advancement in all that 
makes a nation great, I will be willing to ex- 
claim, as Simeon did of old — [Three cheers] — as 
Simeon did of old, of him who had been born in 
a manger, that I have seen the glory of thy 
salvation, lot thy servant depart in peace. [Ap- 
plause.] That being done, my ambition is com- 
plete. I would rather live in history, in the 
affections of my countrymen, as having consum- 
mated this great end, than to be President of tlie 
United States forty times. [General Sandford 
called for "Three cheers for Andrew Johnson, 
the restorer of the Union." The cheers wore 
given.] In conclusion, gentlemen, let mo tender 
to you my sincere thanks on this occasion. So 
long as reason continues to occu|>y her empire, so 
long as ny heart shall boat wiiii one kind emo- 
tion, so long as my memory shall contain or be 
capable of recurring to one event, so long will I 



remember the kindnes.ses, so long will I leel the 
good that has been done on this occasion, and 
so long will I cherish in ny heart the kindness 
which has been manifested towards me by the 
citizens of New York. [Immense applause.] 

The band played " The Star Spangled Ban- 
ner," the audience enthusiastically joining in the 
chorus. President Johnson, having seated him- 
self, again arose and said: "Gentlemen, in con- 
clusion, after having consumed more of your 
time than I intended, I fear unprofitably, let mo 
propose, insincerity, 'The Union, the perpetual 
Union of these States.'" The toast was drunk 
with cheers. 

In Cleveland, September 3. 

Fellow-Citizens : It is not for the purpose of 
making a speech that I now apfiear before you. 
I am aware of the great curiosity which prevails 
to see strangers who have notoriety and distinc- 
tion in all countries. I know a large number 
of }-ou desire to see General Grant, and to hear 
what he has to say. [A voice, "Three cheers 
for General Grant."] But you cannot see him to- 
night, lie is extremely ill. I repeat, I am not 
belbre you now to make a speech, but simply to 
make your acquaintance, to say, "How are you ?" 
and to bid you " Good-by." We are now on our 
way to Chicago, to participate in or witness the 
laying of the corner-stone of a monument to the 
memory of a distinguished fellow-citizen who is 
no more. It is not necessary for me to mention 
the name of Stephen A. Douglas to the people 
of Ohio. [Applause.] I am free to say that 1 
am flattered by the demonstrations I have wit- 
nessed, and being flattered, I don't mean to 
think it personal, but an evidence of what is 
pervading the public mind. And this demon- 
stration is nothing more nor less tlian an indica- 
tion of the latent sentiment of feeling of the 
great masses of the people with regard to the 
proper settlement of this great question. 

I come before you as an American citizen 
simply, and not as the Chief Magistrate, clothed 
in the insignia and paraphernalia of state. 
Being an inhabitant of a State of this Union, I 
know it has been said that I am an alien 
[laughter] and that I did not reside in one of 
tho States of the Union, and therefore coulu 
not be the Chief Magistrate, though the Consti- 
tution declares that I must be a citizen to occupy 
that office ; therefore, all that was necessary was 
to declare the office vacant, or, under a pretext, 
to prefer articles of impeachment, and thus the 
individual who occupies the Chief I\Iagistracy 
was to be disposed of and driven from power. 
But a short time since you had a ticket before 
you for the Presidency. I was placed upon that 
ticket, with a distinguished fellow-citizen who is 
now no more. I know there are some who 
complain. [A voice, "Unfortunately."] Yes, 
unfortunate for some that God rules on high and 
deals in right. [Cheers.] Yes, unfortunately, 
tho ways of Providence are mybterious and in- 
comprehensible, controlling all those who ex- 
claim " Unlbrtunato." ["Bully for you !"] 

I was going to say, my countrymen, a short 
time since I was selected and placed upon the 
ticket. There was a platform proclaimed and 
adopted by those who placed i.ie upon it. Kot- 



PRESIDENT JOHNSON'S SPEECHES. 



185 



withstanding the subsidized gang of hirelings 
and traducers, I have discharged all my duties 
and fulfilled all my pledges, and I say here to- 
night that if my predecessor had lived the vials 
of wruth would have been poured out upon him. 
[Cries of " Never." " Three cheers for the Con- 
gress of the United States !"] I came here as I 
was passing along, and have been called upon for 
the purpose of exchanging views, and ascertain- 
ing, if we could, who was wrong. [Cries of 
" It's you."] That was my object in appearing 
before you to night, and I want to say tliis, that 
1 have lived among the American people, and 
have represented them in some public capacity 
for the last twenty-five years, and where is the 
man or woman who can place his finger upon one 
single act of mine deviating from any pledge of 
mine or in violation of the Constitution of the 
country? [Cheers.] Who is he? What language 
does he speak ? What religion does he profess ? 
Who can come and place his finger on one pledge 
I ever violated, or one principle I ever proved 
false to ? [A voice, " How about New Orleans ?" 
Another voice, "Hang Jeff Davis."] Hang Jeff 
Davis, he says. [Cries of " No," and "Down with 
him !"] Hang Jeff Davis he says. [A voice, 
" Hang Thad. Stevens and Wendell Phillips."] 
Hang Jeff Davis. Why don't you hang hiin ? 
[Cries of " Give us the opportunity."] Have not 
you got tlie court? Have not you got the At- 
torney General ? [A voice, "Who is your Chief 
Justice who has refused to sit upon the trial?" 
Cheers.] I am not the Chief Justice. I arn not 
the prosecuting attorney. [Cheers.] I am not 
the jury. 

I Will tell you what I did do. I called upon 
your Congress that is trying to break up the Gov- 
ernment. -[Cries, "You bed— d!" and cheers 
mingled with hisses. Great confusion " Don't 
get mad, Andy."] Well, I will tell you who is 
raad. "Whom the Gods wish to destroy, they 
first inaice mad." Did 3'our Congress order any 
of them to be tried? [Three cheers for Congress.] 
Then, fellow-citizens, we might as well allay our 
passions, and permit reason to resume lier empire 
and prevail. [Cheers.] In presenting the few 
remarks that I designed to make, my intention 
was to address myself to your common sense, 
your judgment, and your better feeling, not to 
the passion and malignancy in j'our hearts. 
[Cheers.] This was my object in presenting my- 
self on this occasion, and to tell you " How do 
you do," and at the same time to bid you "Good- 
by." In this assembly here to-night the remark 
has been made, " Traitor ! traitor!" Mj^ coun- 
trymen, will you hear me ? [Shouts of " Yes."] 
And will you hear me for my cause and for the 
Constitution of my country? [Applause.] I want 
to know when or where, or under what circum- 
Btances, Andrew Johnson, not as Chief Execu- 
tive, but in any capacity, ever deserted any prin- 
ciple or violated the Constitution of his country. 
[Cries of " Never."] Let me ask this large and 
intelligent audience if your Secretary of State, 
who served four years under Mr. Lincoln, and 
who was placed upon the butcher's block, as it 
were, and hacked to pieces and scarred by the 
assassin's knife, when he turned traitor? [Cries 
of "Never."] If I were disposed to play the 
wrator and deal in declamation to-night, I would 



imitate one of the ancient tragedies, and would 
take William H. Seward, and bring him bel. .re 
you, and point j'ou to tlie hacks and scars upon 
his per.son. [A voice, " God bless him !"] I would 
exhibit the bloody garments, saturated with gori 
from liis gushing wounds. Then I would ask 
you, Why not hang Thad. Stevens and Wendell 
Phillips? I tell you, my countrynun, I have 
been fi;ihtiDg the Soutli, and they have been 
whipped and cruslied, and they acknowledge their 
defeat and accept the terms of the Coi^stitution ; 
and now, as I go around the circle, having fought 
traitors at the South, I am prepared to fight 
traitors at the North. [Cheers.] God willing, 
with your help we will doit. [Cries of "We 
won't."] It will be crushed North and South, 
and this glorious Union of ours will be preserved. 
[Cheers.] I do not come here as the Chief Mag- 
istrate of twenty-five States out of t!iirty-six. 
[Cheers.] I came here to-night with the flag of my 
country and the Constitution of thirty-six States 
untarnished. Are you for dividing this country ? 
[Cries of " No."] Then I am President, and I am 
President of the whole United States. [Cheers.] 
I will tell you one other thing, i understand 
the discordant notes in this crowd to-night. He 
who is opposed to th^ restoration of this Govern- 
ment and the reunion of the States is as great a 
traitor as Jeff Davis or Wendell Phillips. [Loud 
cheers.] I am against both. [Cries of " Give it 
to tliem !"] Some of you talk about traitors in 
the South who have not courage to get away 
from your homes to fight them. [Laughter and 
cheers.] The courageous men. Grant, Sherman, 
Farragut, and the long list of the distinguished 
sons of tlie Union, were in the field and led on 
their gallant hosts to conquest and to victory, 
while you remained cowardly at home. [Ap- 
plause, "Bull}''!"] Now, when these brave men 
have returned home, many of whom have left 
an arm, or a leg, or their blood, upon many a 
battle-field, they find you at home speculating 
and commitling frauds on tho Government. 
[Laughter and cheers.] 

You pretend now to have grf^at respect and 
sj^mpathy for the poor brave fellow who has left 
an arm on the battle field. [Cr'^js, " Is tliis dig- 
nified?"] I understand you. You may talk 
about the dignity of the President. [Cries, 
" How was it about his making a speech on the 
22d of February?"] I have been with you in 
the battles of this country, and I can tell you 
furthermore, to-night, who have to pay these 
brave men who shed their blood. You speculated, 
and now the great mass of the people have to 
work it out. [Cheers.] It is time that the great 
mass of the people should understandwhat your 
designs are. What did General Butler say? 
[Hisses.] WhatdidiGeneralGrantsay? [Cheers. j 
And what does General Grant say about General 
Butler? [Laughter and cheers.] What does 
General Sherman say? [A voice, " What does 
General Sheridan say ?"] General Sheridan says 
that he is for the restoration of the Government 
that Sheridan fought for. ["Bully!" and re- 
newed cries of "New Orleans," and confusion.] 
I care not for dignity. Tiiere is a portion of your 
countrymen who will always respect their fel- 
low-citizens when they are entitled tO' respect, 
and there is a portion of them who have no '«- 



136 



POLITICAL MANUAL. 



Rfoct for themeelves, and consequently have no 
rewpect for others. [A voice, " Traitor!"] I wish 
I could see that man. I would bet j^ou now, that 
it the light fell on your face, cowardice and 
tSiflachery would be seen in it. Show yourself. 
Oonie out here where I can see you. [Sliouts of 
laughter.] If you ever shoot a man you will do 
it in the dark, and pull the trigger when no one 
is by toseeyou. [Cheers.] I understand traitors. 
I have been fighting thern at the south end of 
the line, and we are now fighting them in the 
other direction. [Laughter and cheers.] I come 
here neither to criminate or recriminate, but 
when attacked, my plan is to defend myself 
[Cheers.] When encroached upon, I care not 
from what quarter it comes, it is entitled to re- 
sistance. As Chief Magistrate I felt so after tak- 
ing the oath to support the Constitution, and 
when I saw encroachments upon your Constitu- 
tion and rights, as an honest man I dared to 
sound the tocsin of alarm. [Three cheers for 
Andrew Johnson.] Then, if this be right, the 
head and front of my offending is in telling when 
the Constitution of your country has been tram- 
pled upon. Let me say to those who tliirst for 
more blood, who are still willing to sacrifice 
human life, if you want a victory, and my coun- 
try requires it, erect your altar and lay me upon 
it to give the last libation to human freedom. 
[Loud applause.] I love my country. Every 
public act of my life testifies that is so. Where 
is the man that can put his finger upon any one 
act of mine that goes to prove the contrary ? 
And what is my oftending ? [A voice, " Because 
you are not a radical," and cry of " Veto."] 
Somebody says veto. Veto of what? What is 
called the Freedmen's Bureau bill? I can tell 
you what it is. Before the rebellion commenced 
there were four millions of slaves and about three 
hundred and forty thousand white people living 
in the South. These latter paid the expenses, 
bought the land and cultivated it, and after the 
crops were gathered pocketed the profits That's 
the way the thing stood up to the rebellion. 
The rebellion commenced, the slaves were libe- 
rated, and then came up the Freedmen's Bureau 
bill. Tliis provides for the appointment of agents 
and sub-agents in all States, counties, and school 
districts, who have power to make contracts for 
the freedraen, and hire them out, and to use the 
military power to carry them into execution. 
The cost of this to the people was $12,000,000 
at the beginning. The further e^fpense would be 
greater, and you are to be taxed for it. That's 
why I vetoed it. I might refer to the civil rights 
bill, the results of which are very similar. I tell 
you, my countrymen, that though the powers of 
hell and Tliad. Stevens and his gang were by, 
they could not turn me from my purpose. There 
is no power that could turn me except j-ou and 
the God who spoke me into existence. 

In conclusion, beside that, Congress had taken 
much pains to poison their constituents against 
him. But what had Congress done? Have they 
done anything to restore the Union of these 
States? No; on the contrary they had done 
everything to prevent it; and because he stood 
now where he did when the rebellion commenced, 
he had been denounced as a traitor. Who had 
run greater risks or made greater sacrifices tlian 



himself? But Congress, factious and domineer- 
ing, had taken to poison the minds of the Amer- 
ican people. It was with ihem a question of 
power. Those who held an ofiice — as assessor, 
collector, postmaster — wanted to retain their 
places. Rotation in oflice used to be thought a 
good doctrine by Washington, Jefferson, and 
Adams; and Andrew Jackson, God bless him! 
thought so. [Applause.] This gang of office- 
holden, these blood-suckers and cormorants, 
had got fat on the country. You have got them 
over j'our district. Hence you see a system of 
legislation proposed so that these men shall not 
be turned out; and the President, the only chan- 
nel through which they can be reached, is called 
a tvrant. He thought the time had come when 
those who had enjoyed fat offices for four years 
should give way i'or those who had fought for 
the country. Hence it was seen why he was 
assailed and traduced. He had invited them in 
the field, and God willing, he would stand by 
them. He had turned aside from the thread of 
his remarks to notice the insult sought to be 
given him. When an insult was ofi'ered he 
would resent it in a proper manner. But he 
was free to say he had no revengeful or resent- 
ful feelings. All he wanted, when war was over 
and peace had come, was for patriotic and Chris- 
tian men to rally round the flag of the country in 
a fraternal hug, and resolve that all shall perish 
rather than that the Union shall not be restored. 
Whilereferring to the question of sulTrage some 
one in the crowd asked him " How about Louis- 
iana?" To which he replied, "Let the negroes 
vote in Ohio before you talk about their voting 
in Louisiana." [Laughter, and cries of " Good."] 
Take the beam out of your own eye before you 
seek the mote in your brother's. [Renewed 
laughter.] In conclusion, after some further 
remarks, he invoked God's best blessing on his 
hearers. [Applause.] The interruptions were 
few. 

At St. Ijouis, September 8. 

Fellow-Citizens : In being introduced to 
you to-night, it is not for the purpose of making 
a speech. It is true I am proud to meet so many 
of my fellow-citizens here on this occasion, and 
under the favorable circumstances that I do. 
[Cries, "How about our British subjects?"] 
We will attend to John Bull after awhile, so far 
as that is concerned. 

I have just stated that I am not here for the 
purpose of making a speech ; but, after being 
introduced, I wish simply to tender my cordial 
thanks for the welcome that you have given to 
me in your midst. [A voice, "Ten thousand 
welcomes."] Tliank you, sir! I wish it was in 
my power to address you under favorable circum- 
stances upon some of the questions that agitate 
and distract the public mind at tiiis time — ques- 
tions that have grown out of the fiery ordeal that 
we have passed through, and which I think as 
important as that we have just passed by, though 
the time has come when it seems to me that all 
ought to be prepared for peace. The rebollioa 
being suppressed, and the shedding of blood being 
stopped, the sacrifice of life being suspended and 
staj'ed, it seems that the time has arrived wliea 
you should be at peace, when the bleeding ar- 



PRESIDENT JOHNSON S SPEECHES. 



137 



tories should be lied up. [A voice, " Nev; Or- 
leans."] Go on ; perhaps if you had a word or 
two on the suuject of New Orleans you might 
understand more about it than you do. [Laugh- 
ter.] And if you will go back — if you will go 
back and ascertain the cause of the riot at New 
Orleans, perhaps you would not be so prompt in 
calling out " New Orleans." If you will take up 
the riot at New Orleans, and trace it back to its 
source or its immediate cause, you will find out 
who was responsible for the blood that was shed 
there. If you will take up the riot at New 
Orleans and trace it back to the radical Con- 
gress, [cheers and cries of " Bully !"] you will 
find that the riot at New Orleans was substan- 
tialh' planned. If you will take up the proceed- 
ings in their caucuses you will understand that 
they there knew [cheers] that a Convention was 
to be called, which was extinct by its power 
having expired ; that it was said that the inten- 
tion was that a new government was to be or- 
ganized, and on the organization of that govern- 
ment the intention was to enfranchise one portion 
of the population, called the colored population, 
who had just been emancipated, and at the same 
time dislVunchise white men. When you design 
to talk about New Orleans [confusion] you ought 
to understand what you are talking about. When 
you read the speeches that were made, and take 
up the facts on the Friday and Saturday before 
that Convention sat, you will there find that 
Bpeeches were there made incendiary in their 
character, exciting that portion of the popula- 
tion, the black population, to arm themselves and 
prepare for tlie shedding of blood. [A voice, 
" That's so," and cheers.] You will also find that 
that Convention did assemble in violation of law, 
and the intention of that Convention was to su- 
persede the reorganized authorities in the State 
government of Louisiana, which had been recog- 
nized by the Government of the United States ; 
and every man engaged in that rebellion in that 
Convention, with the intention of superseding 
and upturning the civil government which had 
been recognized by the Governmentof the United 
States, I say that he was a traitor to the Consti- 
tution of the United States, [cheers ;] and hence 
you find that another rebellion was commenced, 
having its origin in the radical Congress. These 
men were to go there, a government was to be 
organized, and the one in existence in Louisiana 
was to be superseded, set aside, and overthrown. 
You talk to me about New Orleans. And there 
the question was to come up, when they had 
established their government — a question of po- 
litical powers — which of the two governments 
was to be recognized, a new government, inaug- 
urated under this defunct Convention, set up in 
violation of law and without the will of the 
people. Then when they had established their 
government and extended universal and impar- 
tial franchise, as they called it, to the colored 
population, then this radical Congress was to de- 
termine that a government established on negro 
votes was to be the government of Louisiana. 
[Voices, " Never !" Cheers and cries of " Hun ah 
for Andy !"'J 

So much for the New Orleans riot. And there 
was the cause and the origin of the blood that 
Was shed; and every drop of blood that was 



shed is upon their skirts, and they are responsi- 
ble for it. I could test this thing a little closer, 
but will not do it here to-night. Lut w hen you 
talk about the causes and consequences that re- 
sulted from proceedings of that kind, perhaps a3 
1 have been introduced here, and you have pro- 
voked questions of this kind, though it does not 
provoke me, I will tell you a few wholesome 
things that have been done by this radical Con- 
gress [cheers] in connection with New Orleans 
and the extension of the elective franchise. 

I know that I have been traduced and abused. 
I know it has come in advance of me here aa 
elsewhere — that I have attempted to exercise an 
arbitrary power in resisting laws that were 
intendedf to be forced upon the Government, 
[cheers;] that I had exercised that pownr, [cries, 
" Bully for you ! "] that I had abandoned the 
party that elected me, and that I was a traitor, 
[cheers,] because I exercised the veto power in 
attempting and did arrest for a time a bill that 
was called a "Freedmen's Bureau bill;'" yes, 
that I was a traitor. And I have been traduced, 
I have been slandered, I have been maligned, I 
have been called Judas Iscariot and ail that. 
Now, my countrymen here to-night, it is very 
easy to indulge in epithets ; it is easy to call a 
man Judas, and cry out traitor ; but when he is 
called upon to give arguments and facts he is 
very often found v/anting. Judas Iscariot — 
Judas. There was a Judas, and he was one of 
the twelve apostles. Oh ! yes, the twelve apos- 
tles had a Christ. [A voice, "And a Moses, 
too;" laughter.] The twelve apostles had a 
Christ, and he never could have had a Judas 
unless he had had twelve apostles. If I have 
played the Judas, who has been my Christ that 
1 have played the Judas with? Was it Thad. 
Stevens? Was it Wendell Phillips? Was it 
Charles Sumner? [Hisses and cheers.] These 
are the men that stop and compare themselves 
with the Saviour; and everybody that differs 
with them in opinion, and to try to stay and 
arrest their diabolical and nefarious policy, is to 
be denounced as a Judas. [" Hurrah for Andy ! " 
and cheers.] 

In the days when there was a Christ, while 
there was a Judas, were there unbelievers ? Yes, 
v/hile there v/ere Judases there were unbelievers. 
[Voices heard, " Three groans for Fletcher."] 
Yes, oh yes; unbelievers in Christ, men who 
persecuted and slandered, and brought Him be- 
fore Pontius Pilate, and preferred charges, and 
condemned and put Him to death on the cross 
to satisfy unbelievers ; and this same persecuting, 
diabolical, and nefarious clan to day would per- 
secute and shed the blood of innocent men to 
carry out their purposes. [Cheers.] 

But let me tell you ; let me give you a few 
words here to-night. But a short time since I 
heard some one say in the crowd that we had a 
Moses. [Laughter.'] Yes, there is a Closes ; and 
I know sometimes it has been said that I have 
said that I would be the Moses of the colored 
man. [Cries of " Never !" and cheers.] Why, I 
have labored as much in the cause of emancipa- 
tion as any other mortal man living ; hut, wliilo 
I have striven to emancipate the colored man, I 
have felt and now feel that we have a great 
many white men that v/ant emancipation. There 



POLITICAL MANUAL. 



1? a s(!t amongst you that have got shack)-!s on 
i.L'Av limhs, and are as much under the hec-1 and 
control of their masters as the colored Sain that 
was emancipated. 

I call upon you here to-night, as 'reemen, as 
men, to favor tlie emancipation of the white 
men as well as the colored ones. I nave been 
m favor of emancipation. I havi nothing to 
disguise about that. I have tried to do as much, 
and have done as much — and when they talk 
about Moses, and the colored mpin being led into 
*.he promised laud, where is the land that this 
clan proposes to lead them into ? When we 
♦,alk about taking (hern out from among tiie 
white po[>ulation aad sending them to other 
climes, what is it they propose ? Why, it is to 
give us a Freedmen's Bureau. And after giving 
■fls a Freedmen's Bureau, what then ? Why, 
here in the South it is not necessary for me to 
"ialk to you, where I have lived and you have 
lived, and understand the whole system and how 
it operates. We know how the slaves have been 
■worked heretofore. Their original owners bought 
the land and raised the negroes, or purchased 
them, as the case might be, paid all the expense 
of carrying on the farm ; and after producing to- 
bacco, cotton, hemp, tlax, and all the various 
products of the South, bringing them into the 
market without any profit on them, while their 
owners put it all into their pockets. This was 
iheir con'htiou before the emancipation ; tiiis 
was their condition before we talked about their 
Moses. [Laughter.] i ask your attention. Come, 
\s we have got to talking on this subject give 
cie your attention for a few minutes. I am 
addressing myself to your brains and not to 
your prejudices, to your reason and not to your 
passions ; and when reason and argument again 
resume their empire, this mist, this jirejudice, 
that has been incrusted upon the public miud, 
must give way and i-eason become triumpl;ant 
Now, my couutrymon, let me call your attention 
to a single fact, the Freedmen's Bureau. [Laugh- 
ter and hisses.] 

Slavery was an accursed institution until 
emancipation took place. It was an accursed 
institution while one set of men worked them 
and got the profits. But after emancipation 
took place they gave us the Freedmen's Bureau ; 
they gave us these agents to go into every county, 
every township, and into every school district 
throughout the United States, and especially the 
Bouthern Stater; ; they gave us commissioners ; 
they gave us $12,000,000, and placed the power 
in the hands of the I'lxecutive, who was to work 
this machinery, with the army brought to his 
aid and to sustain it. They let us run it with 
$12,000,000 as a beginning, and in the end receive 
fifty Dr sixty millions, and let us work the four 
millions of slaves. In fine, the Freedmen's Bu- 
reau was a simple proposition to transfer four 
millions of slaves in tlie United States from their 
original owners to a new sew set of tasksmasters. 

fA voice, " Never !" and clicers.] I have been 
aboring foryears to emancipate them; and then 
I was opposed to seeing them transferred to a 
new set of taskmasters, to be worked with more 
Mgor than they had been worked heretofore. 
[Cheers.] Yes, under this new system they 
would work the slaves, and call on the Govern- 



ment to bear all the expenses, and if there were 
any profits left why they would pocket them. 
[Laughter and cheers.] Thus, you, the people, 
must |);ty the expense of running the machine 
out of your owu pockets while they get the pro- 
fits of it. 

I simplj' intended to-niglit to tender you my 
sincere thanks ; but as I go along, as v/e are talk- 
ing about this Congress, and these res[)ectable 
gentlemen who contend that the President is 
wrong because he vetoed the Freedmen's Bureaa 
bill, and all this ; because he chose to exercise the 
veto power, he committed a high offence, and • 
therefore ouglit to be impeached. [Voice, 
" Never."] Yes, yes;, they are ready to impeach 
him. [Voice, "Let them try it."] And if they were , 
satisfied they had the next Congress by a decided 
majority, as this, upon some pretext or other — 
violating the Constitution, neglect of duty, or 
omitting to enforce some act of law— upon some 
pretext or other, they would vacate the execu- 
tive department of the United States. [A voice, 
"Too had, they don't imjieach him."] Now, as 
we talk about this Congress, let me call the sol- 
diers' attention to this immaculate Congress. 
Let me call your attention to — oh ! yes ; this 
Congress that could make war upon the Execu- 
tive because he stands upon the Constitution and 
vindicates the rights of the peo[ile, exercising the 
veto power in their behalf. Because i.e dared to 
do this tliey can clamor and talk about impeach- 
ment; and by way of stimulating this increasing 
confidence with the soldiers throughout the 
country, they talk about inifieachmeiits. So far 
as offenses are concerned, upon this subject of 
offenses let me ask you [voice, " Plenty here to- 
night"] to go back into my history of legisla- 
tion, and even when Governor of a Slate. Let 
me ask if there is a man here to-night who in 
the dark days of Know-Nothingism stood and 
battled more for their rights. [Voice, "Good," 
and cheers.] 

It has been my peculiar misfortune to have 
fierce opposition because I have always struck 
my Mows direct, and fought with right and the 
Constitution on my side. [Cheers.] Yes, I will 
come back to the soldiers again in a momien't. 
Yes; here was a neutrality law. I was sworn, in 
support of the ConstitutioQ, to see that t!ie law 
was faitlifully executed. [" Why didn't you do 
it?"] The law was executed!; and because it was 
executed, then they raised a clamor, and tried to 
make an appeal to the foreigners, and especially 
the Fenians. And what did they do? They in- 
troduced a bill to tickle and play with the fancy, 
pretending to repeal the law, and at the same 
time making it worse, and then left the law just 
where it is. [Voice, "Thaf^sso!] 

They knew that whenever a law was presented 
to me, proper in its provisions, amelioratiiag and 
softening the rigors of the present law, it would 
meet my hearty approbation But as they were 
pretty well broken down and losing public con- 
fidence, at tiie heel of the session they found they 
must do something; and hence, what did they do? 
They pretended to do something for the soldiers. 
Who has done more for the soldiers than I have? 
Who has perilled more in tiiis struggle than I 
have? [Cheers.] But then,, to make them their 
peculiar friends and favorites, of the soldier, they 



PRESIDENT Johnson's speeches 



139 



come forward with a proposition to do what? 
Wliy we will give the soldier $50 bounty — 
your attention to this — if he has served two 

Sears, and -$100 if he has served tliree years, 
ow, mark you, the colored man that served two 
years can get his $100 bounty, but the white 
man must serve three years before he can get 
his. [Cheers.] But that is not the point. 
While they were tickling and attempting to 
please the soldiers, by giving them $300 for two 
years' service, they took it into their heads to 
give somebody else about [laughter], and they 
voted themselves not fifty dollars, two years' 
service. Your attention : I want to make a 
lodgment in your minds of the facts, because I 
want to put the nail in ; and having put it in, I 
v/ant to clinch it on the other side. [Cheers.] 
The brave boys, the patriotic young man who 
followed his gallant officers, slept in the tented 
field, and perilled his life and shed his blood, and 
left his limbs behind hun, and came home man- 
gled and maimed, he can get fifty dollars bounty, 
if he has served two years; but the members of 
Congress, who never smelt gunpowder, can get 
$4.000 extra pay. (Great cheering.] This is a 
faint picture, my countrymen, of wliat has trans- 
pired. [A voice, " Stick to that question."] 

Fellow-citizens, you are all familiar with tlie 
work of restoration. You know that since the 
ri'licllion collapsed, since the armies were sup- 
jM-essed in the field, that everything thp.t could 
be done has been done by the executive depart- 
ment of the Government for the restoration of 
T.lie Government; everything has been done with 
Uie exception of one thing, and that is the ad- 
mission of members from eleven Stales that went 
into tlie rebellion ; and after having accepted the 
terras of the Government — having abolished sla- 
very, having repudiated their debt and sent loyal 
representatives — everything has been done ex- 
;epting the admission of representatives, to 
which all the States are entitled. [Cheers.] 

When you turn and examine the Constitution 
of the United States, you find that you cannot 
even amend that Constitution so as to deprive 
any State of its equal sull'rago in the Senate. 
(A voice, " They have never been out."] It is 
Fciid before me thej' have never been out. I say 
f^o too. Tiiat is what I have always said. They 
have never been out, and they cannot go out. 
[Cheers.] That being the fact, under the Con- 
stitution they are entitled to equal representa- 
tion in the Congress of the United States witli- 
out violating the Constitution, [cheers;] and 
the same argument applies to the House of Rep- 
resentatives. 

ITov/, then, does the matter stand ? It used 
to be one of the arguments, that if the States 
withdraw their Representatives and Senators, 
tiiat was secession — a peaceable breaking up of 
tlie Government. Now the radical power in this 
Government turn round and assume that the 
'itates are out of the Union, that they are not 
entitled to representation in Congress. [Cheers.] 
'.'hat is to say, they are dissolutionists, and their 
position now is to perpetrate a disruption of the 
Government; and that, too, while they are de- 
nying the States the right of representation, they 
iiniiose taxation upon them, a principle upon 
which, in the Revolution, you resisted the power 



of Great Britain. We deny the right of taxa- 
tion witho^at representation ; that is one of our 
great principles. 

Let tlie Government be restored ; let peace be 
restored among this people. I have labored for 
it ; I am for it now. 1 deny this doctrine of 
secession, come from what quarter it may, 
whether from the North or from the South. I 
am opposed to it, and am for the union of the 
States. [Voices, "That's right,'' and cheers.] I 
am for the thirty-six States, representing thirty- 
six States, remaining where they are under the 
Constitution as j^our fathers made it and handed 
it down to you ; and if it is altered or amended, 
let it be done in the mode and manner pointed 
out by that instrument itself, and in no other. 
[Cheers.] I am for the restoration of peace. Let 
me ask the people here to-night if we have not 
shed enough of blood. Let me ask. Are you 
prepared to go into another civil war? Let 
me ask this people here to-night. Are they 
prepared to set man upon man, and in the name 
of God lift his hand against the throat of his 
fellow? [Voice, " Never ! "] Are you prepared 
to see our fields laid waste again, our business 
and our commerce suspended, and our trade 
stopped ? Are you prepared to see this land 
again drenched in our brothers' blood? Heaven 
avert it ! is my prayer. [Cheers.] I am one of 
those who believe that man does sin, and having 
sinned, I believe he must repent, and, some- 
times, having repented makes him a better man 
than he was before. [Cheers.] 

I know it has been said that I have exercised 
my pardoning power. Yes, I have. [Cheers, 
and " What about Drake's constituli-on ?"] Yes 
I have ; and don't you think it is to prevail ? I 
reckon I have pardoned more men, turned more 
men loose, and set them at liberty that were im- 
prisoned, I imagine, than any other living man 
on God's habitable globe. [Voice, "Bully for 
you !" cheers.] I turned forty-seven thousand 
of our men loose who engaged in this struggle, 
with the arms we captured with them, and who 
were then in prison. I turned them loo.'e. [Voice, 
'•Bully for you!" and laughter.] Large num- 
bers have applied for pardon, and I have granted 
them pardon ; j'et there are some who condemn, 
and hold me responsible for doing wrong. Yes, 
there are some who staid at home, who did not 
go into the field, that can talk about others being 
traitorous and being treacherous. There are 
some who can talk about blood and vengeance 
and crime and everything to make treason odious, 
and all that, who never smelt gunpowder on 
either side [Cheers.] Yes, they can condemn 
others, and recommend iianging and torture, and 
all that. If I have erred, I liave erred on the 
side of mercy. Some of these croakers have 
dared to assume they are better than was the 
Saviour of men himself — a kind of over-righteous 
— better than anybody else; and, although want- 
ing to do Deity's work, thinking He cannot do it 
as well as they can. [Laughter and cheers.] 

Yes, the Saviour of men came on earth and 
found the human race eondeinned and sentenced 
under the law ; but when they repented and be- 
lieved. He said Let them live. Instead of exe- 
cuting and putting the whole world Ic death. He 
went upon the cross, and there was nailed by 



140 



POLITICAL MANUAL. 



unbelievers, there shed his blood that you might 
live. [Cheers.] Tliink of it; to execute and 
hang and put to death eight millions of people. 
Never! It is an absurdity. Such a thing is im- 
practi-oable, even if it were right ; but it is the 
violation of all law, human and divine. [Voice, 
" Hang Jeff Davis. You call on Judge Chase 
to hang Jeff Davi.., will you? " Great cheering.] 
I am not the court, I am not the jury, nor the 
judge. Before the case comes to me, and all 
other cases, it would have to come on application 
as a case for pardon. That is the only way the 
case can get to me. Why don't Judge Chase, 
the Cuief Justice of the United States, in whose 
district he is — why don't he try him ? [Loud 
cheers.] But perhaps I could answer tlie ques- 
tion, as sometimes persons want to be facetious 
and indulge in repartee. I might ask you a 
question, VVhy don't you hang Thad Stevens and 
Wendell Phillips? [Great cheering.] A traitor 
at one end of the line is as bad as a traitor at 
the other. I know that there are some who 
have got up their little pieces and sayings to 
repeat on public occasions — talking parrots that 
have been placed in their mouths by their supe- 
riors — who have not the courage and the manhood 
to come forward and tell them themselves, but 
have their understrappers to do their work for 
them. [Cheers.] I know there are some that 
talk about this universal elective franchise, upon 
which they wanted to upturn the Government 
ti Louisiana and institute another, who con- 
tended that we must send men there to control, 
govern, and manage their slave population be- 
cause they are incompetent to do it themselves. 
And yet they turn round, when they get there, 
and say they are competent to go to Congress 
and manage all the atlairs of State. [Cheers.] 
Before you commence throwing your stones you 
ought to be sure you don't live in a glass house. 
Then why all this clamor? Don't you see, my 
countrymen, it is a question of power; and being 
in power, as they are, their object is to perpetu- 
ate their power, since, when you talk about 
turning any of them out of office, oh, they talk 
about bread and butter. [Laughter.] Yes, these 
men are the most perfect and complete bread 
and butter party that has ever appeared in this 
Government. [Great cheering.] When you 
make an effort or struggle to take the nipple 
out of their mouths, how *hey clamor. They 
have stayed at home here five or six years, 
held the offices, grown fat, and enjoyed all the 
emoluments of position ; and now, when you talk 
about turning one of them out, oh, it is pro- 
scription ; and hence they come forward and pro- 
pose, in Congress, to do what? To pass laws 
to prevent the Executive from turning anybody 
out. [Voice, " Put 'em out.] Hence, don't you 
lee v/hat the policy was to be? I believe in the 

5ood old doctrine — advocated by Washington, 
efferson, and Madison — of rotation in office. 
These people who have been enjoying these 
offices seem to have lost sight of this doctrine. 
I believe that one set of men have enjoyed the 
emoluments of office long enough. They should 
let another portion of tiie [people have a chance. 
[Cheers.] How are these men to be got out — 
[Voice, " Kick 'em out I" Cheers and laughter.] 
>— unlesi your Executive can put them out, unless 



you cpn teach tliem through the President? 
Congress says he shall not turn them out, and 
they are trying to pass laws to prevent it being 
done. Weil, let me say to you, if you will Btanu 
b}^ me in this action, [cheers,] if you will stand 
by me in trying to give the people a fair chance 
— soldiers and citizens — to participate in these 
offices, God being willing, I will kick them out. 
I will kick them out just as fast as I can. Let 
me say to you, in concluding, that what I have 
said I iuteuded to say. I was provoked into 
this, and I care not for their menaces, the taunts 
and the jeers. I care not for threats. I do not 
intend to be bullied by my enemies nor over- 
awed by my friends. But, God willing, with 
your help, 1 will veto their measures whenever 
any of them come to me. I place myself upon 
the ramparts of the Constitution when I see the 
enemy approaching ; so long as I have eyes to 
see, or ears to hear, or a tongue to sound the 
alarm, so help me God, I will do it, and call on 
the people to be my judges. [Cheers.] 

I tell you here to-night that the Constitution 
of this country is being encroached upon. I tell 
you here to-night that the citadel of liberty is 
being endangered. [A voice, "Go it, Andy!"] 
Say to them, "Go to work; take the Constitution 
as your palladium of civil and religious liberty; 
take it as your chief ark of safety." Just let me 
ask you here to-night to cling to the Constitution, 
in this great struggle for freedom and for its 
preservation, as the sliipwrecked mariner clings 
to the mast when the midnight tempest closes 
around him. 

So far as my humble life has been advanced, 
the people of Missouri, as well as other States, 
know that all my efforts have been devoted iu 
that direction. Wh}^ where is the speech, where 
is the vote to be got of mine but which has al- 
ways had a tendency to elevate the great work- 
ing classes of this people? When they talk 
about tyranny and despotism, where is one act 
of Andy Johnson's that ever encroached upon 
the rights of a freeman in this land ? But be- 
cause I have stood, as a faithful sentinel, upon 
the watch-tower of freedom to sound the alarm, 
hence all this traducing and detraction that has 
been heaped upon me. [Cries of "Bully for Andy 
Johnson !"] 

I now, in conclusion, my countrymen, hand 
over to you the flag of j'our countrj' with thirty- 
six stars upon it. I hand over to you your Con- 
stitution, with the charge and responsibility of 
preserving it intact. I hand over to you to-day 
the Union of these States, the great magic circle 
which embraces them all. I hand them all over 
to you, the jieople, in whom I have always trusted 
in all great emergencies. I hand them over to 
you, men who can rise above party, who can 
stand around the altar of a common country with 
their faces uplifted to heaven, swearing by Him 
who lives forever and ever, that the altar and 
all shall sink in the dust, but that the Constitu- 
tion of the Union shall bo preserved. 

Let us stand by the Union of these States ; let 
us fight the enemies of the Government, come 
from what quarter they may. My stand has 
been taken. You understand what my rosi'ioa 
is. And parting with you now, I leave theGov- 
ernment in your hands, with the confidence I 



PRESIDENT JOHNSON S SPEECHES. 



141 



have always had, that the people will ultimately 
redref-s all wrongs and set the Government right. 
Then, gentlemen, in conclusion, for the cordial 
welcome you have shown me in this great city 
of the South, whose destiny nou? can foretell, 
now, in bidding you good night, I leave all in 
your charge and thank you for the cordial wel- 
come you liave given in this spontaneous out- 
pouring of the people of your city. 



Interview with Chas. G. Halpine, March 5, 1867. 

And now. apart from the directly political, 
[continued the President,] what is the main issue 
lo ;ming up in the immediate future? Whati.^sue 
ii clearly foreshadowed to be the Aaron's rod 
■which must swallow up all minor questions? It 
is the great fin.ancial issue, the issue of the na- 
tional debt; whether it shall be paid or repudi- 
ated. This issue has 6bres extending into the 
pockets of every citizen; for wherever a man has 
a doUar, or can earn a dollar, the Government 
is now compelled to go for its portion of his 
substance; and with the vast machinery under 
its control, the money is fetched. 

There were four millions of slaves in the 
southern States before the rebellion, represent- 
ing a capital of three, or possibly four billions 
of dollars ; but let us call it three billions, or 
three thousand millions, as you may please. 
These slaves represented that amount of pro- 
perty, men put their savings into purchasing or 
raising them, and they represented as property 
whatever were the surplus profits of their labor, 
after due allowance for food, clothing, medicine, 
and interest on the capital invested. 

On this property in slaves gradually grew 
up that slave oligarchy or aristocracy, against 
which the leaders of the anti-slavery party so 
successfully thundered during the twelve j'ears 
preceding the rebellion ; and after the first mad 
plunge into rebellion, the fate of that aristoc- 
racy was sealed. It is now a thing of the past. 
With its virtues — for it had virtues, courage, 
and iiospitality eminently — and with its crimes 
of pride and lawless revolution, it has entered 
into history, and is a thing of the past. 

But what do we find? The aristocracy based 
on $3 000,000,000 of property in slaves south of 
Mason and Dixon's line has disappeared ; but 
an aristocracy, based on over $2,500,000,000 of 
national securities, has arisen in the northern 
States, to assume that political control which the 
consolidation of great financial with political in- 
terests formerly gave to the slave oligarchy of the 
late rebel States. The aristocracy based on negro 

f)roperty disappears at the southern end of the 
ine, but only to reappear in an oligarchy of 
bonds and national securities in the States which 
suppressed the rebellion. 

We have all read history, and is it not certain 
that of all aristocracies, that of mere wealth is 
the most odious, rapacious, and tyrannical? It 

foes for the last dollar the poor and lielpless 
ave got ; and with such a vast machine as this 
Government under its control, that dollar will be 
fetched. It is an aristocracy that can see in the 
people only a prey for extoition. It has no 
political or military relations with them, such 
as the old feudal system created between liege 



lord and vassal ; it has no" intimate social and 
domestic ties, and no such strong bond of self- 
interest with the people as exi.sied of necessity 
between the extinct slaveholders of our country 
and their slaves. To an aristocracy existing on 
the annual interest of a national debt, the peo- 
ple are only of value in proportion to their 
docility and power of patiently bleeding golden 
blood under the tax-gatherer's thumb-screw. 

To the people the national debt is a thing of 
debt to be paid ; but to the aristocracy of bonds 
and national securities it is a property of more 
than $2,500,000,000, from which a revenue of 
$180,000,000 a year is to be received into their 
pockets. So we now find that an aristocracy of 
the South, based on .$3,000,000,000 in negroes, 
who were a productive class, has disappeared, 
and their place in political control of the country 
is assumed by an aristocracy based on nearly 
§3,000,000,000 of national d/jbt— a thing which 
is not producing anything, but which goes on 
steadily every year, and must go on for all time 
until the debt is paid, absorbing ami taxing at 
the rate of six or seven percent, a year for every 
$100 bond that is represented in its aggregation. 
Now, I am not speaking of this to do anything 
but deprecate the fearful issue which the madness 
of partisan hatred and the blindness of our new 
national-debt aristocracy to their own true inter- 
ests is fast forcing upon the country. But is it 
not clear that the people, who have to pay 
$180,000,000 a year to this consolidated moneyed 
oligarchy, must, sooner or later, commence ask- 
ing each other " How much was actually loaned 
to our Government during the eivil war by these 
bondholders, who now claim that we owe them 
nearly $3,000,000,000?" You know what the 
popular answer must be — I do not say the right 
answer — " Less than half the amount they claim, 
for gold ranged at an average of one hundred 
premium while this debt was being incurred." 

Just think of the annual tax of $180,000,000 
for payment of interest on our national debt ! 
This Government we have, with its enormous 
machinery, is a pretty hefty business in itself, 
costing more per capito to the people than the 
Government of England, which we always here- 
tofore regarded as the most tax-devouring on 
earth. But over and beyond the expenses of the 
Government proper, as it should stand in the 
scale of peace at about .$60,000,000 a year, we 
have, in the $180,000,000 of interest paid yearly 
on our national debt, enough to support three 
such Governments as this, with all their vast 
machinery and disbursem.ents ! We have not 
only, under the present system, one Government 
for the people to support, but, over and beyond 
this, we have to raise by taxation from the peo- 
ple sufficient to support three similar establish- 
ments every year! 

All property is based upon and ean only be 
sustained by law ; and it is for a return to law 
and the guide of fixed constitutional principles 
that my whole course has been contending. But 
so short-sighted is this aristocracy of bonds and 
paper currency, this Plutocracy of the national 
debt, that my efforts in behalf of their true in- 
terests (which are certainly involved in the main- 
tenance of law and the Constitution) have been 
everywhere encountered, and almost everywhere 



142 



POLITICAL MANUAL. 



overwhelmed, by the ^-rcpondernting influence 
■which they liavo aoquireJ I'roin the natural force 
of capital and the agency of our national banks. 
Au'l what has been the course of that Con- 
gress which hasjust ended, and which this blind 
aristocracy of national ieht sustained in over- 
riding my efforts for a return to sound principles 
of internal government? Look at the bill giving 
from $480,000,000 to $600,000,000, nominally 
for back bounty, or as an equalization of boun- 
ties to the soldiers, but really, as all intelligent 
men must be aware, to be parcelled out as a prej- 
among the bounty sharks and claim agents, who 
are the most reckless and clamorous adherents 
of the dominant majority in Congress. Then 
look at appropriations amounting to another 
$100,000,000 for internal improvements, which 
should properly be left to the laws governing 

Srivate industry and the progress of our national 
evelopment. Look also pt *he increase of all 
salaries with a prodigal hand, this virtuous Con- 
gress first setting an example against retrench- 
ment by voting to themselves an increase of 
salaries. Everywhere, and in an ever-increasing 
ratio, the motto seems to be, "Always spend and 
never spare," a fresh issue from the paper-mill 
over yonder [slightly pointing his pencil to the 
Treasury Department] being the panacea pre- 
scribed for every evil of our present situation. 

Every effort to increase our annual taxation 
is resisted, for increased taxes might help to 
awaken the people from their false dream of 
prosperity under the sway of revolutionary and 
radical ideas ; but no addition to the national 
debt can be proposed, no further inflation of our 
inflated currency, which the preponderating 
votes of the western States will not be certain 
to favor. The war of finance is the next war 
we have to tight ; and every blow struck against 
my efforts to uphold a strict construction of the 
laws and the Constitution is in reality a blow in 
favor of repudiating the national debt. The 
manufacturers and men of capital in the eastern 
States and the States along the Atlantic seaboard 
— a mere strip or fringe on the broad mantle of 
our country, if you will examine the map — these 
are in favor of high protective, and, in fact, pro- 
hibitory tariffs, and also favor a contraction of 
the currency. But against both measures the 
interests and votes of the great producing and 
non-manufacturing States of the West stand ir- 
revocably arrayed, and a glance at the map and 
the census statistics of the last twenty years will 
tell every one who is open to conviction how 
that war must end. 

The history of the world gives no example of 
a war debt that has ever been paid ; but we liave 
an exceptional country, and present an excep- 
tional case. Our debt might easily be paid, pro- 
vided the brakes against excessive expenditures 
could be turned on quickly enough ; but now is 
the appointed time, and now or never the work 
must be commenced. If that debt is ever to he 
paid we need economy in every branch of the 
public service — the reduction, not an increase of 
salaries to Congressmen and other officials ; the 
systematic reduction of our national debt; and 
not its increase by such monstrous bills as this 
last demagogue measure for the pretended equali- 
zation of bountiea. The Congress, forsooth, is 



so patriotic, so loyal, that it "can refuse out gal- 
lant soldiers nothing." But you must have seen 
how promptly it rejected the names of nearly 
every gallant veteran sent in by me for confirm- 
ation to any civil office, a majoriiy of our ex- 
tremely " loyal Senators " using their guillo- 
tine without remorse in nearly every instance. 

And whither is all this drifting ? To intelli- 
gent men there can be but one answer. Weave 
drifting towards repudiation, and the moneyed 
aristocracv of the national debt, the very men 
whose interests are most jeopardized, are so blind 
that they are practically helping to accelerate, 
not check our course in this downward direction. 
We need the industry and enormous possible pro- 
ducts of the lately revolted States to help us in 
bearing our heavy burden ; we need confidence 
and calm ; we need internal harmony ; and above 
all, we need a return to the unquestioned suprem- 
acy of the civil laws and constitutional restraints, 
if our debt is not to be repudiated within the next 
half score of years. 

Financial prosperity was secured up to within 
a recent period ; but already the delicate fabric 
of public credit — a house of cards at best — be- 
gins to totter under the concussion of the vari- 
ous revolutionary ideas which have been re- 
cently exploited on the floors of Congress. Who 
now talks of the Constitution with respect? Wiio 
is not now made a laughing stock in the papers 
and speeches of the violent revolutionary party, 
if he shall be so hardy as to claim that, being 
again at peace, the sway of civil over military 
law should be immediately resumed, if wedesiro 
to maintain our liberties ? " The Constitution 
is played out," we hear on every hand ; and 
every effort to advocate the just ascendency of 
the civil law only furnishes fresh food for ridi- 
cule. 

No party as yet, and possibly no part}- for 
some years, will openly hoist the banner of re- 
pudiation. But a majority of those who shaped 
the legislation of this last Congress must know, 
unless they deceive themselves, or are too igno- 
rant to appreciate their own acts, that we are 
drifting in that direction, and that it is by their 
votes we have been swung out into the down- 
ward stream. Doubtless, some of them would 
either be, or affect to feel, horrified if to-day 
branded as repudiationists, just as, in the in- 
fancy of the free-soil agitation, it was considered 
a bitter slander if the " freesoiler " should be 
styled an "abolitionist." There aro steps in 
everytliing, and the term of reproach to-day 
will be worn as a feather in the cap some years 
from now, unless the true conservative wisdom 
of the country can be awakened, and rapidly, 
from its aspliyxiating dream that our " national 
debt is a national blessing." 

And look at the effect of the reconstruction 
bill just passed over my unavailing veto. I mean 
its peculiar effect as a step in the direction of 
lepudiation, and not its general effect as a high- 
handed measure of concp-essional usurpation, 
striking out of existence so many States, and 
establishing a military despotism over more than 
one-third of our geographical Union. This bill 
suddenly adds four millions of ignorant and pen- 
niless negroes to the voting force of the country, 
an accession of just so much strength to the 



PRESIDENT JOHNSON S MESSAGES. 



143 



party whose interest it is, and must increasinj;ly 
oecomc, .o favor re[)adi;ition as a j'olii'V. To 
secure the public creditor, our etforts should be, 
if that were possible, to restrict rather than to 
extend the right of suffrage ; for money rapidly 
aggregates in a few hands ; and whenever the 
men who have an interest in seeing that our na- 
tional debt is paid shall have become out of all 
proportion few, compared with those who have 
an interest in its repudiation, the votes of the 
many will carry it, and the debt of $3,000,000,000 
will be struck out of existence by ballots, just 
as rapidly and utterly as the similar amount in- 
vested in southern negroes has been abolished 
during the recent war under showers of bullets. 
At least, this is possible. 

That we are to have a great financial crash 
this year 1 hold to be inevitable, though depre- 
cating It, and having used every etfort for its 
avoidance. To say that it can be staved off by 
any legislation, if the violated laws of trade and 
public economv call for it, is to assert that water 
can be made to run up hill, or shall cease to seek 
its own level under the compulsion of a congres- 
sional enactmeni. Perhaps, for so violent a dis- 
ease, this violent cure may be the only remedy. 
It is like a man sustaining his strength on 
brandy ; so long as he can increase the dose 
daily, he may get along in high good humor, 
just as we have been prospering on an irredeem- 
able paper currency and fresh issues of public 
securities. But sooner or later, the day will 
come in whieh brandy no longer can stimulate; 
nor can irredeemable promises to pay pass cur- 
rent as a circulating medium forever. To tiie 
man will come a severe fit of sickness, teaching 
him that the laws of temperance can only be 
violated undf^r f'^artal penalties, and to the na- 
tion will come a financial crash, teaching it that 
paper is only a representative of value, not value 
itself; and that the only true securities for our 



public credit must be looked for iri a sy,':tem of 
rigidly exacted obedience to all constuulional 
restraints, and a thorough system of economy in 
all branches of the public service. 

For the slights and indignities, the uncoa- 
stitutional curtailments and dishonors whieh the 
recent Congress has attempted to cast upon me 
for my unllinching and unalterable devotion 
to my constitutional oath, and to tlie best in- 
terests of the whole country, according to my 
best judgment and experience, I am only sorry 
as regards the indignities sought to be imposed 
on my high office, but unmoved as regards my- 
self. Conscious of only having executed my 
duty, conscious of being denounced for " usurpa- 
tion " only because refusing to accept unconsti- 
tutional powers and patronage, and satisfied 
that the day of wiser thought and sounder esti- 
mate cannot now be far distant, I look with 
perfect confidence for my vindication to the 
justice of that future which I am convinced can- 
not long be delayed. Unless all the senses are 
deceptive, unless all truth be a lie, unless -God 
has ceased to live, I tell you that the folly and 
fraud now dominating the councils of this dis- 
tracted country in Congress cannot endure for- 
ever. 

It is, perhaps, but right to add that the fore- 
going is a report from memory of remarks made 
by Mr. Johnson in an extended conversation 
yesterday afternoon, and that the original did 
not take the form of a set speech, here unavoida- 
bly given to it. It should also be added that a 
few points embraced in the report, and attrib- 
uted exclusively to the President, may have 
been, more or less, suggested by inteijectional 
remarks of the person to whom he was speak- 
ing ; but nothing has been here set down to 
which the full assent of Mr. Johnson was not 
given, always provided, of course, that his lis- 
tener understood turn, and remembers correctly. 



PRESIDENT JOHNSON'S MESSAGES. 



The Annual Message, December 4, 18S3. 

The following portions relate to reconstruc- 
tion, and kindred subjects : 

Fellow-citizens of the Senate and House of Repre- 
sentatives: 

After a brief interval the Congress of the Uni- 
ted States resumes its annual legislative labors. 
An all-wise and merciful Providence has abated 
the pestilence which visited our shores, leaving its 
calamitous traces upon some portions of our coun- 
try. Peace, order, tranquillity, and civil author- 
ity have been formally declared to exist through- 
out the whole of the United States. In all of the 
States civil authority has superseded the coercion 
of arms, and the people, by their voluntary action, 



are maintaining their governments in full arlivitr 
and c'lrnplote operation. Tlie enforceincni of iha 
laws is no longer "obstructe'l in any State by com- 
binations too powerful to be suppre.^sed by the 
ordinary course of judicial proceedings;" and the 
animosities engendered by the war are rapidly 
yielding to the beneficent influences of our free 
institutions, and to the kindly effects of unre- 
stricted social and commercial intercourse. An 
entire restoration of fraternal feeling must be the 
earnest wish of every patriotic heart; and we 
will have accomplished our grandest national 
achievement when, forgetting the sad events of 
the past, and remembering only their instructive 
lessons, we resume our onward career as a free, 
prosperous, and united people. 



144 



POLITICAL MANUAL. 



Ill my message of the 4th of December, 18G5, 
Coni,'rc'ss was informed of the measures which 
had heeii instituted liy the Executive with a 
view to tlie gradual restoration of the States in 
whicli the insurrection occurred to tliuir rela 
tians with the General Government. Provisional 
Governors had been appointed, conventions 
called, Governorselected, Legislatures assembled, 
and Senators and Representatives chosen to the 
Congress of the United States. Courts liad been 
opened for tlie enforcement of laws long in abey- 
ance. Tlie blockade had been removed, custom- 
houses re-established, and the internal revenue 
laws put in force, in order that the people might 
contribute to the national income. Postal oper- 
ations had been renewed, and efforts were boing 
made to restore them to their former condition 
of efficiency. The States themselves had been 
asked to take part in the high function o f amend- 
ing the Constitution, and of thus sanctioning the 
extinction of African slavery as one of the legit- 
imate results of our internecine struggle. 

Having progressed thus far, the executive de- 
partment found that it had accomplished nearly 
all that was within the scope of its constitutional 
autliority. One thing, however, yet remained to 
be done before the work of restoration could be 
completed, and that was the admission to Con- 
gress of loyal Senators and Ue[)r.esentatives from 
the i^tates whose people had rebelled against the 
lawful authority of the General Government. This 
question devolved upon the respective Hou.ses, 
which, by the Constitution, are made the judges 
of the elections, returns, and qualifications of 
their own members; a«d its consideration at once 
engaged the attention of Congress. 

In the mean time, the executive department 
— no other plan having been proposed by Con- 
gress — continued its efforts to perfect, as far as 
was practicable, the restoration of the proper 
relations between the citizens of tlie respective 
States, the States, and the Federal Government, 
extending, from time to time, as tlie public inter- 
ests s(-emed to require, the judicial, revenue, and 
postal systems of the country. With the advice 
and consent of the Senate, the necessary officers 
were appointed, and appropriations made by 
Cor-rress lor the payment of their salaries. The 
pr0|)osition to amend the Federal Constitution 
so as to prevent the existence of slavery within 
the United States or any place subject to their 
jurisdiction, was ratified by the requisite number 
of States, and, on the 18th day of December, 
18G5, it was officially declared to have become 
valid as a jiart of the Constitution of the United 
States. All of the States in whi<?h the insurrec- 
tion had existed promptly amended their consti- 
tutions so as to make them conform to the great 
change thus effected in the organic law of the 
land; declared null and void all ordinances and 
laws of secession ; repudiated all pretended debts 
and obligations created for tiie revolutionary 
pur[ioscs of the insurrection; and proceeded, in 
good faith, to the enactment of measures for the 
protection and amelioration of the condition of 
the colored race. Congress, however, yet hesi- 
tated to admit any of these States to representa- 
tion ; and it was not until towards the close of 
the eighth month of the session that an exception 
was made in favor of Tennessee by the admission 
of her Senators and Representatives. 



I deem it a subject of profound regret thaft 
Congress has thus tar failed to admit to seatd 
loyal Senators and Picpresentativesfrom the other 
States whose inhabitant.^, with those of Tcnnesseo, 
had engaged in the rebiilion. Ten States — more 
than one-fourth of the >vliole number — remain 
without representation f The seats of fifty mem- 
bers in the Ilouse of Repr*«^ntati ves and ot twenty 
members in the Senate ato yet vacant — not by 
tnoir own consent, not by a failure of election, but 
by the refusal of Congre.'^s \\) accept th. ir creden- 
tials. Their admission, it i;'. Relieved, would have 
accomplished much towar:)n the renewal and 
strengthening of our relatioiio as one people, and 
removed serious cause for di.-rontent on the part 
of the inhabitantK of those Staves. It would have 
accorded with the great prinat.l'J enunciated in 
the Declaration of American i ".dependence, that 
no people ought to bear the burien of taxation 
and }-et be denied the right oi representation. 
It would have been in ronsonanro with the ex- 
press provisions of the Constitutiou, that "each 
State shall have at least one Reprepoidative," and 
"that no State, without its consenv;, rhall be de- 
prived of its equal suffrage in theSe'.atc." These 
provisions were intended to secure to every State, 
and to the people of every State, tiio light of 
representation in each House of Congrew ; and 
so important was it deemed by the fr&.mers of 
the Constitution that the equality of the States 
in the Senate should be preserved, that not even 
by an amendment of the Constitution ean an}"- 
State, without its consent, be denied a voil^e in 
that branch of the national Legislature. 

It is true, it has been assumed that the exist- 
ence of the States was terminated by the rebel- 
lious acts of their inhabitants, and that the in- 
surrection liaving been suppressed, they were 
thenceforward to be considered merely as con- 
quered territories. The legislative, executive, 
and judicial departments of the Government 
have, however, with great distinctness and uni- 
form consistency, refused to sanction an assump- 
tion so incompatible with the nature of our re- 
publican system and with the professed objects 
of the war. Throughout the recent legislation 
of Congress, the undeniable fact makes itself 
apparent, that these ten political communities 
are nothing less than States of this Union. At 
the verj"- commencement of the rebellion each 
House declared, with a unanimity as remarkable 
as it was significant, that the war was not 
" waged, upon our part, in any spirit of oppres- 
sion, nor for any ]iurpose of conquest or subju- 
gation, nor purpose of overthrowing or interfer- 
ing with the rights or established institutions of 
those States, but to defend and maintain the 
supremacy of the Constitution and all laws made 
in pursuance thereof, and to preserve tlie Union 
with all the dignity, equality, and rights of the 
several States unimpaired ; and that as soon as 
the?e objects" were " accomplished the war ought 
to cease." In some instances Senators were per- 
mitted to continue their legislative functions, 
while in other instances Representatives were j 
elected and admitted to seats after their States * 
had formally declared their right to withdraw 
from the Union, and were endeavoring to main- 
tain that right by force of arms. All of the 
States whose people were in insurrection, as 
States, were included in the apportionment o? 



PRESIDENT JOHNSON S MESSAGES. 



145 



tlie direct tax of $20,000,000 annually, laid 
upon tlie United States by ilie act approved 
5th August, 1861. Congress, by the act of March 
4, 1862, and by the apportionment of represen 
tation thereunder, also recognized their presence 
as States in the Union; and they have, for judi- 
cial purposes, been divided into districts, as States 
alone can i>e divided. The same recognition 
ap[iears in the recent legislation in reference to 
Tennessee, which evidently rests upon the fact 
that the functions of the Stale were not destroyed 
by the rebellion, but merely suspended ; and that 
principle is of course applicable to those States 
which, like Tennessee, attempted to renounce 
their })lace in the Union. 

The action of the executive department of the 
Government upon this subject has been equally 
definite and uniform, and tiie purpose of the war 
was specifically stated in the ynoclamation issued 
by my predecessor on the 22d day of September, 
18G2. It was then solemnly proclaimed and de- 
clared that " hereafter, as heretofore, the war will 
be prosecuted for the object of practically restor- 
ing the constitutional relation between the Uni- 
ted States and each of the States and the people 
thereof, in which States that relation is or may 
be susjiended or disturbed " 

Tije recognition of the States by the judicial 
department of the Government has also been 
clear and conclusive in all proceedings affecting 
them as States, had in the Supreme, Circuit, and 
District Courts. 

In the admission of Senators and Representa- 
tives from any and all of the States, there can 
be no just ground of apprehension that persons 
who are dislo3'al will be clotiied witli the powers 
of legislation ; for this could not happen when 
the Constitution and the laws are enforced by a 
vigilant and faithful Congress. Each House is 
made the "judge of the elections, returns, and 
qualifications of its own members," and may, 
" with the concurrence of two-thirds, expel a 
member." When a Senator or Representative 
presents his certificate of election, he may at 
once be admitted or rejected ; or, should there 
be any question as to his eligibility, his creden- 
tials may be referred for investigation to the 
{ippro].>riate committee. If admitted to a seat, 
it must be upon evidence satisfactory to the 
House of which he thus becomes a member, that 
he possesses the requisite constiaitional and legal 
qualifications. If refused admission as a mem- 
ber, for want of due allegiance to the Govern- 
ment, and returned to his constituents, they are 
admonished that none but persons loyal to the 
United States will be allowed a voice in the le- 
gislative councils of the nation, and the political 
power and moral influence of Congress are thus 
effectively exerted in the interests of loyalty to 
the Government and fidelity to the Union. Upon 
this question, so vitally affecting the restoration 
of the Union and the permanency of our pres- 
ent form of government, my convictions, here- 
tofore expressed, have undergone no cliange; 
but, on the contrary, their coirectness has been 
confirmed by reflection and time. If the admis- 
Bion of loyal members to seats -in the respective 
Houses of Congress was wise and expedient a 

fear ago, it is no less wise and expedient now. 
f this anomalous condition is right now — if, in 
the exact condition ot these States at the present 
10 



time, it is lawful to exclude them from represen- 
tation, I do not see that the (juestion will be 
changed by the efflux of time. Ten years hence, 
if these States remain as they are. tlie right ol 
representation will be no stronger, the right of 
exclusion will be no weaker. 

The Constitution of the United States makes it 
the duty of the President to recommend to the 
consideration of Congress "such measures as he 
shall judge necessary or expedient." I know of 
no measure more imperatively demanded by 
every consideration of national interest, sound 
policy, and equal justice, than the admission ot 
loyal members from the now uniepresented 
States. This would consummate the work of 
restoration, and exert a most salutary influence 
in the re-establishment of peace, harmony, and 
fraternal feeling. It would tend greatly to renew 
the confidence of the American people in the 
vigor and stability of their institutions. It would 
bind us more closely together as a nation, and 
enable us to show to the world the inherent and 
recuperative power of a Government founded 
upon the will of the people, and established upon 
the principles of liberty, justice, and intelligence. 
Our increased strength and enhanced prosperity 
would irrefragably demonstrate the fallacy of the 
arguments against free institutions drawn from 
our recent national disorders by the enemies of 
republican government. The admission of loyal 
members from the States now excluded from 
C'orgress, by allaying doubt and a|>piehensioa, 
would turn capital, now awaiting an o[iportunity 
for investment, into the channels of trade and 
industry. It would alleviate the present troubled 
condition of tiiose States, and, by inducing emi- 
gration, aid in the settlement of fertile regions 
now uncultivated, and lead to an increased pro- 
duction of those staples which have added so 
greatly to the wealth of the nation and the com- 
merce of the world. Nev/ fields of enterprise 
would be opened to our progressive people, anci 
soon the devastations of war would be repaired, 
and all traces of our domestic diiferences effaced 
from the minds of our countrymen. 

In our efforts to preserve " the unity of gov- 
ernment," which consiitutes us one people, by 
restoring the States to the condition which tliey 
held prior to the rebellion, we should be cau- 
tious, lest, having rescued our nation from perils 
of threatened disintegration, we resort to consol- 
idation, and in the end absolute despotism, as a 
remedy for the recurrence of similar troubles. 
The war having terminated, and with it all occa- 
sion for the exercise of powers of doubtful con- 
stitutionality, we should hasten to bring legisla- 
tion within the boundaries prescribed by the 
Constitution, and to return to the ancient land- 
marks established by our fathers for the guidance 
of succeeding generations. " The Constitutiou 
which at any time exists, until changed by an 
explicit and authentic act of the who'.i people, is 
sacredly obligatory upon all." " If, in the opin- 
ion of the peo])le, the distribution or raodificatiou 
of the constitutional powers be, in any particu- 
lar, wrong, let it be corrected by an amendment 
in the way in which the Constitution designates. 
But let there be no change by usurpation; for" 
" it is the customary weapon by which free Gov- 
ernments are destroyed." Washington spoke 
these words to his countrymen when, followed by 



146 



POLITICAL MANUAL. 



(heir Icve and gratitude, he voluntarily retired 
from the cares of public life. " To keep in all 
things within the pale of our constitutional 
powers, and cherish the Federal Union as the 
only rock of safety," were prescribed by Jetierson 
as rules of action to endear to iiis "countr3Tnen 
the true principles of their Constitution, and 
promote a union of sentiment and action equally 
auspicious to their happiness and safety." Jack- 
son lield that the action of the General Govern- 
ment should always be strictly conGned to tlie 
sphere of its appropriate duties, and justly and 
forjiblv urged that our Government is not to be 
maintained nor our Union preserved "by inva- 
.sions of the rights and powers of the several 
States. In thus attempting to make our Gen- 
eral Government strong, we make it weak. Its 
true strength consists in leaving individuals and 
States as much as j)Ossible to themselves; in 
making itself felt, not in its power, but in its 
beneficence; not in its control, but in its pro- 
tection ; not in binding the States more closel}- 
to the centre, but leaving each to move unob- 
structed in its proper constitutional orbit." 
These are the teachings of men whose deeds and 
Bervices have made them illustrious, and who, 
long since withdrawn from the scenes of life, 
have left to their country the rich legacy of their 
example, their wisdom, and their patriotism. 
Drawing fresh inspiration from their lessons, let 
as emulate them in love of country and respect 
for the Constitution and the laws. 

The report of the Secretary of the Treasury 
affords much information respecting the revenue 
and commerce of the country. Ilis views tipon 
tiie currenc}', and with reference to a proper ad- 
justment of our revenue system, internal as well 
as imjiost, are commended to the careful consid- 
eration of Congress. In my last annual message 
I expressed my general views upon these sub- 
jects. ■>;-**** 

The report presents a much more satisfactory 
condition of our finances than one year ago the 
most sanguine could have anticipated. During 
the fiscal year ending the 30th June, 1865, the 
last year of the war, the public debt was in- 
creased $011,902,537, and on the 31st of Octo- 
l)er, 1865, it amounted to $2,740,851,750. On 
the 31st day of October, 1866, it had been re- 
duced to $2,551,310,006, the diminution, during 
a period of fourteen months, commencing Sep- 
tember 1, 1865, and ending October 31, 1806, 
having been $206,379,565. In the last annual 
report on the state of the finances, it was esti- 
mated that during the three-quarters of the fiscal 
year ending the 30th of June last, the debt 
would be increased $112,194,947. During that 
period, however, it was reduced $31,196,387, the 
receipts of the year having been $89,905,905 
more, and the expenditures $200,529,235 les.s 
than the e'*imates. Nothing could more clearly 
indicate than these statements the extent and 
availability of the national resources, and the 
rapidity and safety with which, under our form 
of government, great militarj^ and naval estab- 
lishments can be disbanded, and expenses re- 
duced from a war to a peace footing. 

During the fiscal vear ending tlie 30th of June, 
18C6, the receipts were $558,032,620, and the 
expenditures $520,750,910, leaving an available 
surplus of $37,281,080. It is estimated tliat the 



receipts for the fiscal year ending the 30th June 
1867, will be $475,061,386 and that the expen- 
ditures will reach the sum of $316,428,078, leav- 
ing in the Treasury a surplus of $158,633,308. 
For the fiscal year ending June 30, 1868, it is 
estimated that the receipts will amount to 
$436,000,000, and that the expenditures will be 
$350,247,641— showing an excess of $85,752,359 
in favor of the Government. The.se estimated 
receipts may be diminished by a reduction of 
excise and imf>ort duties ; but after all necessary 
reductions shall have been made, the revenue 
of the present and of following yearns will doubt- 
less be sufiicient to cover all legitimate charges 
ufion the Treasury, and lesvea large annual sur- 
plus to be applied to the payment of t!.j princi- 
pal of the debt. There seems now to bo no good 
reason why taxes may not be reduced as th« 
country advances in population and wealth, and 
yet the debt be extinguished within the next 
quarter of a century * * ♦ 

In the month of April last, as Congress is 
aware, a friendly arrangement was made be- 
tween the Emperor of France and the President 
of the United States for the withdrav.-iii lr*yii 
Mexico of the French expeditionaiy niiii!;i»r 
forces. This withdrawal was to be effecte'j ti> 
three detachments, the first of whicii, it was un- 
derstood, would leave Mexico in November, ikjt* 
past, the second in March next, and the third 
and last in November, 1867. Immediately ujiou 
the completion of the evacuation, the Froocii 
Government was to assume the same attitude of 
non-intervention, in regard to Mexico, as is lield 
by the Government of the United States. Re- 
peated assurances have been given by the Em- 
peror, since that agreement, that he would com- 
[dete the promised evacuation within the jieriod 
mentioned, or sooner. 

It was reasonaldy expected that the proceed- 
ings thus contemplated would produce a rrisi,"* 
of great political interest in the llepublio of 
Mexico. The newly appointed Minister of thf 
United States, Mr. Campbell, was tlierefore sonjt 
forward, on the 9th day of November la.st, to 
assume his proper functions as Minister Plenipo- 
tentiary of the United Sta.tes to that Repul)lic. 
It was also thought expedient that he shoaM be 
attended in the vicinity of Mexico liy the Lieu- 
tenant General of the Army of the United State?, 
with the view of obtaining such information as 
might be important to determine the cour.«e to 
be pursued by the United States in re-establish- 
ing and maintaining necessary and proper inter- 
course with the Republic of Mexico. Deeply 
interested in the cause of liberty and humanity, 
il. seemed an obvious duty on our [lavt to exer- 
cise whatever influence we possessed for t?io res- 
toration and permanent establishment in that 
country of a domestic and republican form of 
government. 

Such was the condition of affairs in regard to 
Mexico, when, on the 22d of November last, offi- 
cial information v/as received from Paiis that th*) 
Emperor of France had some time beforedecidi d 
not to withdraw a detaciiment of bis forces in the 
month of November past, according 1o engage- 
ment, but that this decision was made with tho 
purpose of withdrawing the whole of those fwre« 
iu tlio ensuing spring. Of this determination, 
however, the United States had not received any 



PRESIDENT JOHNSON S MESSAGES. 



147 



notice or intimation ; and, so soon as tlie infor- 
mation was received by tlie Government, care 
wa^i taken to make known its dissent to the 
Emperor of France. 

1 cannot forego the hope that France will re- 
consider the suliject, and adopt some resolution 
in regard to the evacuation of Mexico which will 
conform as nearly as practicable with the exist- 
ing engagement, and thus meet the just expecta- 
tions of the United States. The papers relating 
to the subject will be laid before j'ou. It is be- 
lieved that, with the evacuation of Mexico by 
the expeditionary forces, no subject for serious 
differences between France and the United States 
would remain. The expressions of the Emperor 
and peo[ile of France warrant a hope that the 
traditionary friendship between the two countries 
might, in that case, be renewed and permanently 
restored. 

A claim of a citizen of the United States for 
indemnity for spoliations committed on the high 
seas by the French authorities, in the exercise of 
a belligerent power against Mexico, has been 
met by the Government of France with a propo- 
sition to defer settlement until a mutual conven- 
tion for the adjustment of all claims of citizens 
and subjects of both countries, arising out of the 
recent wars on this Continent, shall be agreed 
upon by the two countries. The suggestion is 
not deemed unreasonable, but it belongs to Con- 
gress to direct the manner in wiiicli claims for 
indemnity by foreigners, as well as by citizens 
of the United States, arising out of the late civil 
war, shall be adjudicated and dettrmined. I 
liave no doubt that the subject of all such claims 
will engage your attention at a convenient and 
[Toper time. * * * * * 

In the performance of a duty imposed upon 
me by the Constitution, I have thus submitted 
to the representatives of the States and of the 
people such information of our domestic and 
foreign affairs as the public interests seem to re- 
quire. Our Government is now undergoing its 
most trying ordeal, and my earnest prayer is that 
the peril may be successfully and finally passed, 
without impairing its original strength and sj-m- 
metry. Tlie interests of the nation are best to be 
promoted by the revival of fraternal relations, 
the complete obliteration of our past differences, 
and the reinaugnration of all the pursuits of 
peace. Directing our efforts to the early accom- 
plishment of these great ends, let us endeavor to 
preserve harmony between the co-ordinate De- 
partments of the Government, that each in its 
proper sphere may cordidUy co-operate with the 
other in securing the maintenance of the Con- 
stitution, the preservation of the Union, and the 
perpetuity of our free institutions. 

Andrew JoriNSON. 

Washington, December 3, 18G6. 

Veto of the Second Freedmen's Bureau Bill, July 

16, 186G.* 
To the House of Representatives . 

A careful examination of the bil' passed by the 
two Houses of Congress, entitled .Vn act to con- 
tinue in force and to amend 'An act to establish a 
Bureau for the relief of Freedmo.n and Refugees,' 



♦For yeto of freedmen's bill of February 29, 1866, Bee 
pagea 6S-T4 of f oUtiuU Manual lor 1866. 



and for other purposes," has convince<l me that 
the legislation which it proposes would not b<» 
consistent with the welfare of the country, and 
that it falls clearly within the reasons assigned 
in my message of the 19lh of February last re- 
turning, without my signature, asiinilar measuro 
which originated in the Senate. It is not my 
purpose to repeat the objections which I then 
urged. They are yet fresh in your recollection, 
and can be readily examined as a part of the 
records of one branch of the national Legislature. 
Adhering to the principles set forth in that mes- 
sage, I now reaffirm them and the line of policy 
therein indicated. 

The only ground upon which this kind of legis- 
lation can be justified is that of the war-making 
power. The act of which this bill is intended as 
amendatory was passed during tiie existence of 
the war. By its own provisions, it is to termi- 
nate within one year from the cessation of hos- 
tilities and the declaration of peace. It is there- 
fore yet in existence, and it is likely tliat it will 
continue in force as long as the freedmen may 
require the benefit of its provisions, It will 
certainly remain in operation, as a law, until 
some months subsequent to the meeting of the 
next session of Congress, when, if experience 
shall make evident the necessity of additional 
legislation, the two Houses will have am[de time 
to mature and pass the requisite measures. In 
the mean time the questions arise, m hy should 
this war measure be continued beyond the i)erio<f 
designated in the original act; and why, in time 
of peace, should military tribunals be created to 
continue until each " State shall be fully restored 
in its constitutional relations to the Government, 
and shall be duly represented in the Congress of 
the United States?" 

It was manifest, with respect to the act ap- 
proved March 3, 1865, that prudence and wis- 
dom alike required that jurisdiction over all 
cases concerning the free enjoyment of the im- 
munities an'l rights of citizen.ship, as well as the 
protection of person and property, should bo 
conferred upon some tribunal in every State or 
disti-ict where the ordinary course of judicial 
proceedings was interrupted by the rebellion, 
and until the same should be fully restored. At 
ihat time, (herei'ore, an urgent necessity existed 
ibr ihe passage of some such law. Now, how- 
ever, war has substantially ceased ; the ordinary 
( ourse of judicial proceedings is no longer inter- 
rupted ; the courts, both State and Federal, are 
in full, complete, and successful operation, and 
through iiiem every person, regardless o| race 
and color, is entitled to and can be heaid. The 
protection granted to the white citizen is already 
conferred by law upon the froedman ; strong and 
stringent guards, by way of penalties and pun- 
ishm nts, are thrown around his person and 
property, and it is believed that ample protection 
will be afforded him by due process of law, with- 
out resort to the dangerous expedient of " rn.Ii- 
taiy tribunals," now that the war has been 
brought to ." close. The necessity no longer ex- 
isting for such tribunals, which had their origin 
in the war, grave objections to their continuance 
must present themselves to the mirds of all re- 
flecting and dispassionate men. Independently 
of the danger, in representative republics, of 
conferring upon the military, in time of peace. 



148 



roi^lTlCAL MANUAL. 



extraordinary powers — so ca-refully guarded 
against by tlio ])atriots and stattoraen of the ear- 
lier days ol' tlio Kepublic, so frequently the ruin 
of Governments founded upon the same free prin- 
ciples, and subversive of the rights and liberties 
of the citizen — the question of practical eeonomy 
earnestly commends itself to the consideration of 
the law making power. With an immense debt 
already burdening the incomes of the industrial 
and laboring classes, a due regard for their in- 
terests, so inseparably connected with the welfare 
of the country, should [irompt us to rigid econ- 
omy and retrenchment, and influence us to ab- 
Btain from all legislation that would unnecessa- 
ril}' increase the public indebtedness. Tested by 
this rule of sound political wisdom, I can see no 
reason for the establishment of the " military 
jurisdiction" conferred upon the officials of the 
bureau by the fourteenth section of the iiill. 

By the laws of the United States and of tlie 
diflerent States, competent courts. Federal and 
State, have been established, and are now in full 
practical operation By means of these civil 
tribunals ample redress is afforded for all private 
wrongs, whether to the person or the projierty of 
the citizen, without denial or unnecessary delay. 
They are open to all, without regard to color or 
race. I feel well assured that it will he better 
to trust the rights, privileges, and immunities of 
the citizen to tribunals thus established, and j)re- 
Fided over by competent and impartial judges, 
bound by fi^ed rules of law and evidence, and 
where the right of trial by jury is guarantied 
and secured, than to the caprice or judgment of 
an officer of the bureau, who, it is possible, may 
be entirely ignorant of the [trinciples that un- 
derlie the just administration of the law. There 
is danger, too, that conflict of jurisdiction will 
frequently arise between the civil courts and 
these military tribunals, each having concurrent 
jurisdiction over the person and tlie cause of 
action, the one judicature administered and con- 
trolled by civil law, the other by the military. 
How is the conflict to be settled, and who is to 
determine between the two tribunals when it 
arises? In my opinion, it is wise to guard against 
such conflict by leaving to the courts and juries 
the protection of all civil rights and the redress 
of all civil grievances. 

The fact cannot be denied that, since the actual 
cessation of hostilities, many acts of violence — 
such, perhaps, as had never been witnessed in 
their previous history — have occurred in the 
States involved in the recent rebellion. I be- 
lieve, however, that public sentiment will sustain 
me in the assertion that such deeds of wrong are 
not confined to any particular State or section, 
liut are manifested over the entire countr}', 
demon-trating that the cause that produced them 
does not depend upon any particular locality, 
out is the result of the agitation and derange- 
rnf^nt in«-ident to a long and bloody civil war. 
While the jirevalence of such disord'-rs must be 
gri^atly deplored, their occasional and temporary 
occurrence would seem to furnish no necessity 
for the &x tension of the bureau beyond the period 
fired in the original act. 

Be^^ides the oljjections which I have thus 
briefly stated, I may urge upon your considera- 
tion the additional reason, that recent develop- 



ments in regard to the practical operations of the 
bureau in many of the States show that in 
numerous instances it is used by iis agents as a 
means of promoting their individual advantage, 
and that the freedmen are employed for the ad- 
vancement of the personal ends of the officers 
instead of their own improvement and welfare, 
thus confirming the fears originally entertained 
by many, that the continuation of such a bureau 
for any unnecessary length of time would inevit- 
ably result in fraud, corruption, and op])ression. 
It is proper to state that in cases of this character 
investigations have been promptly ordered, and 
the ofl'ender punished whenever his guilt has 
been satisfactorily established. 

As another reason against the necessity of the 
legislation contemplated by this measure, refer- 
ence may be had to the "civil rights bill," now 
a law of the land, and which will be faithfully 
executed so long as it shall remain unrepealed 
and may not be declared unconstitulional by 
courts of competent jurisdiction. By that act it 
is enacted "that all persons born in the United 
States, and not subject to any foreign Power, ex- 
cluding Indians not taxed, are hereby declared 
to be citizens of the United States; and such 
citizens, of every race and color, without regard 
to any previous condition of slavery or involun- 
tary servitude, except as a punishment for crime 
whereof the party shall have been duly convicted, 
shall have the same right, in every Slate and 
Territory in the United States, to make and en- 
force contracts, to sue, be parties, and give evi- 
dence, to inherit, purchase, lease, sell, hold, and 
convey real and personal property, and to full 
and equal benefit of all laws anil proceedings for 
the security of person and property, as is enjoyed 
by white citizens, and shall be subject to like 
punishmint, pains, and penalties, and to none 
other, any law, statute, ordinance, regulation, or 
custom to the contrary notwithstanding." 

By the provisions of the act full protection is 
aflbrded, through the district courts of the United 
Stales, to all persons injured, and whose privi- 
leges, as thus declared, are in any way inifiaired ; 
and h.eavy penalties are denounced against the 
person who wilfully violates the law. I Ejed 
not state that that law did not receive my ap- 
proval ; yet its remedies are far more preferable 
than those proposed in the present bill, the one 
being civil and the other military. 

By the sixth section of the bill herewith re- 
turned, certain proceedings by which the lands 
in the " parishes of St. Helena and St. Luke, 
South Carolina," were sold au'l bid in, and after- 
wards disposed of by the tax commissioners, are 
ratified and confirmed. By the seventh, eighth, 
ninth, tenlli, and eleventh sectioi.J provisions by 
law are made for the disposal of the lands thus 
acquired to a particular class of citizens. While 
the quieting of titles is deemed very important 
and desiralile, the discrimination maile in the 
bill seems objectionable, as does also the attempt 
to confer upon the commissioners judicial powers, 
by wliich citizens of the United "States are to be 
deprived of their property in a mode contrary 
to that provision of the Constitulion which de- 
clares that no person "sliall be deprived of life, 
libertj'-, or property without due process of law." 
As a general principle, such legislation is unsafe, 



1 



PRESIDENT JOHNSON S MESSAGES. 



149 



unwise, parti.al, and unconstitntional. It may 
deprive personsot' their property wlio are equally 
deserving objects of the nation's bounty as tliose 
whom, by this legislation, Congress seeks to 
benefit. The title to the land thus to be por- 
tioned Jut to a favored class of citizens must 
depend upon the regularity of the tax sales, 
under the law as it existed at the time of tlie 
Rale, auJ no subsequent legislation can give va- 
lidity ij the rights thus acquired, as against the 
original claimants. The attention of Congress 
is tnerc-fore invited to a more mature considera- 
tion of the measures proposed in these sections 
of the bill. 

In conclusion, I again urge upon Congress the 
danger of cla-^s legislation, so well calculated to 
keep the public mind in a state of uncertain 
expectation, disquiet, and restlessness, and to en- 
courage interested hopes and fears that the na- 
tional Government will continue to furnish to 
classes of citizens in the several States means for 
support and maintenance, regardless of whether 
they pursue a life of indolence or of labor, and 
regardless also of tiie constitutional limitations 
of the national authority in times of peace and 
tranquillity. 

The bill is herewith returned to the House of 
Representatives, in which it originated, for its 
final action. Andrew Johnson. 

Wasuisgton, D. C, July lb, 1866. 

Copy of tho Vetoed Bill. 

An Act to continue in force and to amend " An 
act to establieii a Bureau for the relief of 
Freedmen and Refugees," and for other pur- 
poses. 

Be it enacted, &c.. That the act to establish a 
Bureau for the relief of Freedmen and Refugees, 
approved March third, eighteen hundred and 
6ixly-five, shall continue in force for the term of 
two years from and after the passage of this act. 
Sec. 2. Tiiat the supervision and care of said 
bureau sh.all extend to all loyal refugees and 
freedmen, so far as the same shall be necessary 
to enable them as speedily as practicable to be- 
come self-supporting citizens of the United States, 
and to aid them in making the freedom conferred 
by proclamation of the Commander-in-Chief, by 
emanci[iation under the laws of States, and by 
constitutional amendment, available to them and 
beneficial to the Republic. 

Sec 3. That the President shall, by and with 
the advice and consent of the Senate, appoint 
two assistant commissioners, in addition to those 
authorized by the act to which this is an amend- 
ment, who shall give like bonds and receive the 
same annual salaries provided in said ac-t ; and 
eacli of the assistant commissioners of the bureau 
ehall have charge of one district containing such 
refugses or freedmen, to be assigned him by the 
Commissioner, with the approval of the Presi- 
dent. And the Commissioner shall, under the 
direction of the President, and so far as the same 
Bhall be, in his judgment, necessary for the effi- 
cient and economical administration of the aiTairs 
of the bureau, appoint such agents, clerks, and 
assistants as may be required for the proper con- 
duct of the bureau. Military otScers or enlisted 
men may be detailed for service and assigned to 
duty under this act ; and the President may, if 



in his judgment safe and judicious so to do, do- 
tail from tlie Army all the oiiicers and a{3>'''ni,s of 
this bureau ; but no officer so assigned shall have 
increase of pay or allowan'-ns. Each agent or 
clerk, not heretofore authorized by law, not be- 
ing a military officer, shall have an annual salary 
of not less than ^"lOO, nor more than .^1,200, ac- 
cording to the set vice required of hiiu. And it 
shall be the duty of tho Commissioner, when it 
can be done consistently witii puldic interest, vT 
appoint, as assistant commissioners, agents, and 
clerks, such men as have proved their loy;'-lty by 
faithful service in the armies of the Union during 
the rebellion. And all persons a[)poiiited toser- 
vice under this act and the act to which tliis is 
an amendment, shall be so far deemed in the 
military service of the United States as to be un- 
der the militarj'- jurisdiction and entitled to the 
military [.rotection of the Government wiiile in 
discharge of the duties of their office. 

Sec. 4. That officers of the Veteran Reserve 
Corps or of the volunteer service, r\<)\v on duty 
in the Freedmen's Bureau as assistant coiumis- 
sioners, agents, medical officers, or in other ca- 
pacities, whose regiments or corps have been or 
may hei'eafter be mustered out of service, mav be 
retained upon such duty as officers of said bu- 
reau, with the same compensation as is now pro- 
vided by law for their respective gratles ; and 
the Secretary of War shall have power to hi! 
vacancies until otiier officers can be detailed in 
their places without detriment to the public 
service. 

Sec. 5. That the second section of the act to 
which tliis is an amendment shall be deemed 
to authorize the Secretary of War to issue such 
medical stores or other supplies and transporta- 
tion, and afford such medical or other aid as 
may be needful for the purposes named in said 
section: Provided, That no person shall be deemed 
"destitute," "suffering," or "dependent upon 
the Government for support," within the mean- 
ing of this act, who is able to find employment, 
and could, by proper industry or exertion, avoid 
such destitution, suflering, or dependence. 

Sec. 6 Whereas, by the provisions of an act 
approved February sixth, eighteen hundred and 
sixty-three, entitled " An act to amend an act 
entitled 'An act for the collection of direct taxes 
in insurrectionary districts within the United 
States, and for other purposes,' approved Jane 
seventh, eigliteen hundred and sixty-two," cer- 
tain lands in the parishes of St. Helena and St. 
Luke, South Carolina, were bid in by tlie United 
States at public tax sales, and by tlie limitation 
of said act the time of redemption of said lands 
has expired; and whereas, in accordance with 
instructions issued by President Lincoln on the 
sixteenth day of September, eighteen luiudred 
and sixty-three, to the United States direct tax 
commissioners for South Carolina, certain lands 
bid in by the United States in the parish of St. 
Helena, in said State, were in part sold by the 
said tax commissioners to " heads of families of 
the African race," in parcels of not more than 
twenty acres to each purchaser; and whereas, 
under the said instructions, the said tax commis- 
sioners did also set ayiart as "school farms" cer- 
tain parcels of land in said parish, numbered on 
their plats from one to thirty-three, inclusive, 



15} 



POLITICAL MANUAL. 



making an aggregate of six thousand acres, more ] 
or less: Therefore, be it further enacted, Thai 
the sales made to " heads of families of the Afri- 
can race," under the instructions of President 
Lincoln to the United States direct tax commis- 
Bioners for South Carolina, of date of SejUember 
sixteentli, eighteen hundred and sixty-three, are 
hereby confirmed and establislied ; and all leases 
which have been made to such " heads of families" 
by said direct tax commissioners, shall be changed 
into certificates of sale in all cases wherein the 
lease provides for such substitution ; and all the 
lands now remaining unsold, which come within 
the same designation, being eight thousand 
acres, more or less, shall be disposed of accord- 
ing to said instructions. 

Sec. 7. That all other lands bid in by the Uni- 
ted States at tax sales, being thiriy-eight thou- 
sand acres, more or less, and now in the hands 
of the said tnx commissioners as tlie propert}" 
of the United States, in the parishes of St. 
Helena and St. Luke, excepting the "school 
farms," as .-pecilied in the preceding section, and 
so mucli as may be necessary for military and 
naval pur|)oses at Hilton Head, Bay Point, and 
Land's End, and excepting also the city of Port 
Royal, on St. Helena island, and the town of 
Beaufort, shall be disposed of in parcels of twenty 
acres, at one dollar and fifty cents per acre, to 
each persons, and to such only, as have acquired 
and are now occupying lands under and agreea- 
bly to the provisions of General Sherman's spe- 
cial field order, dated at Savannah, Georgia, 
January sixteen, eighteen hundred and sixty- 
five, and the remaining lands, if any, shall 
be disposed of in like manner to such persons 
as had acquired lands agreeably to the said 
order of General Sherman but who have been 
dispossessed by the restoration of the same to for- 
mer owners : Provided, That the lands soM in 
compliance with the provisions of this and the 
preceding section shall not be \lienated by their 
purchasers within six years from and after the 
passage of tliis act. 

Seo. 8. That the "school farms " in the par- 
isli of St. Helena, South Carolina, shall be 
sold, subject to any leases of the same, by the 
said tax commissioners, at public auction, on 
or before the first day of January, eighteen 
hundred and sixty-seven, at not less than ten 
dollars per acre; and tlie lots in the city of 
Port Royal, as laid down by the said tax com- 
missioners, and the lots and houses in the town 
of Beaufort, wliicli are still held in like manner, 
shall be sold at public auction ; and the proceeds 
of said sales, after paying expenses of the sur- 
veys and saie3,shaU l)o invested in United States 
bonds, the interest of which shall bo appropri- 
ated, under the direction of the Commissioner, 
to the support of schools, without distinction of 
color or race, on the islands in the parishes of 
St. Helena and St. Luke. 

Sec 9. That the assistant commissioners for 
South Carolina and Georgia are iiereby author- 
ized to examine all claims to lands in their re- 
spective States whicli are claimed under the pro- 
visions of General Slierman's special field order, 
and to give eacli person having a valid claim a 
warrant ujion the direct tax commissioners for 
South Carolina for twenty acres of land ; and the 



said direct tax commissioners shall issue to every 
person, or to his or her heirs, but in no case to 
any assigns, presenting such warrant, a lease of 
twenty acres of land, as provided for in section 
seven, for tlie term of pIx years ; but at any timo 
thereafter, upon the jiayment of a sura not ex- 
ceeding one dollar and lilty cents per acre, tho 
person holding such lease shall be entitled to a 
certificate of sale of said tract of twenty acres 
from the direct tax commissioner or such officer 
as may be authorized to issue the same; but no 
warrant shall be held valid longer than two 
years after the issue of tlie same. 

Sec. 10. That the direct tax commissioners for 
South Carolina are hereby authorized and re- 
quired, at the earliest day practicable, to survey 
the lands designated in section seven into lots of 
twenty acres each, with proper metes and bounds 
distinctly marked, so that the several tracts shall 
be convenient in form, and as near as practica- 
ble have an average of fertility and woodland ; 
and the expense of such surveys shall be paid 
from the proceeds of sales of said lands, or, if 
sooner required, out of any moneys received for 
other lands on these islands, sold by the United 
States for taxes, and now in the hands of the 
direct tax commissioners. 

Sec. 11. That restora; ion of lands occupied by 
freedmen under General Shei'man's field order 
dated at Savannah, Georgia, January sixteenth, 
eighteen hundred and sixty-five, sliall not be 
made until after the crops of the present year 
shall have been gathered by the occupants of 
said lands, nor until a fair compensation shall 
have been made to them by the former owners 
of such lands, or their legal representatives, for 
all improvements or betterments erected or con- 
structed thereon, and after due notice of the same 
being done shall have been given by the assist- 
ant commissioner. 

Sec. 12. That the Commissioner shall have 
power to seize, iiold, use, lease, or sell all build- 
ings, and tenements, and any lands appertaining 
to the same, or otherwise, formerly held under 
color of title by the late so-called Confeder.ate 
States, and not heretofore disposed of by the 
United States, and any buildings or lands held 
in trust for the same by any person or persons, 
and to use the same or appropriate the proceeds 
derived therefrom to the education of the freed 
[iooplo ; and wiienever tiie bureau shall cease to 
exist, such of said so-called Confederate States 
as shall have made provision for the education 
of their citizens without distinction of color shall 
receive the sum remaining unexpended of such 
sales or rentals, which shall be distributed among 
said States for educational purposes in proportion 
to their population. 

Sec. 13. That the Commissioner of this bureau 
shall at all times co-operate with private benevo- 
lent associations of citizens in aid of freedmen, 
and with agents and teachers, duly accredited 
and appointed by them, and shall hire or pro- 
vide by lease, building* for purposes of educa- 
tion whenever such associations shall, without 
cost to tlie Governmen,;, provide suitable teach 
ers and means of instruction ; aud he siiall fur- 
nish such protection as may be required for the 
safe conduct of such schools. 

Seo. 14. That in every State or district where 



PRESIDENT JOHNSON S MESSAGES. 



151 



the ordinary course of judicial iiroceedings has 
been interrupted by the rebellion, and until the 
same shall be fully restored, and in every State 
or district whose constitutional relations to the 
Government have been practically discontinued 
by the rebellion, and until such State chall have 
been restored in such relations, and shall bo 
duly represented in the Congress of the United 
States, the right to make aud enforce contracts, 
to sue, be parties, and give evidence, to inherit, 
purchase, lease, sell, hold, and convey real and 

tersonal property, and to have lull and equal 
enefit of all laws and proceedings concerning 
personal liberty, personal security, and the ac- 
quisition, enjoyment, and disposition of estate, 
real and personal, including the constitutional 
right to bear arms, shall be secured to and en- 
joyed b}' all the citizens of such State or district 
without respect to race or color, or previous con- 
dition of slavery. And whenever in either of 
^aid States or districts the ordinary course of 
judicial proceedings has been interrupted by the 
rebellion, and until the same shall be fully re- 
stored, and until sucn State shall have been re- 
stored in its constitutional relations to the Gov- 
ernment, and shall be duly represented in the 
Congress of the United States, the President 
shall, through the Commissioner and the officers 
of the bureau, and under such rules and regula- 
tions as tlie President, through the Secretary of 
War, shall prescribe, extend military protection 
and have military jurisdiction over all cases and 
questions concerning the free enjoj'ment Qi sucli 
immunities and rights ; and no penalty or pun- 
isliment for any violation of law shall be im- 
posed or permitted because of race or color, or 
previous condition of slavery, other or greater 
than the penalty or punishment to which white 
persons may be liable by law for the like offense. 
But the jurisdiction conferred by this section 
upon the officers of the bureau shall not exist in 
any State where the ordinary course of judicial 
proceedings has not been interrupted by the re- 
bellion, and shall cease in every State when the 
courts of the State and the United States are not 
disturbed in tlie peaceable course of justice, and 
ai'ter such State shall be fully restored in its con- 
stitutional relations to the Government, and 
Bhall be duly represented in the Congress of the 
United States. 

Sec 15. That all officers, agents, and em- 
ployees of this bureau, before entering upon the 
duties of their office, shall take the oath p)re- 
«cribed in the first section of the act to wliich 
this is an amendment; and all acts or parts of 
acts inconsistent with the provisions of this act 
are hereby reriealed. 

The votes on this bill were: 

May 29 — The House passed its bill, differing 
in some details from the above — yeas 96, nays 
32, as follow : 

Yeas — Messrs. Allison, Ames, Anderson, Delos R. Ashley, 
James M As ley, Baker, Baldwin, Hanks, Baxter, Beanian, 
BidwcU, Blaine, Brorawell, Biukland, Reader W. Clarke, 
Sidney Clarke, Cobb, Cook, CiiUom, Dawes, Defree'=, Deming, 
Dixon. Dodsre, Donnelly, Duinont, Eekley, Eggleston, Elijt, 
Farqiibar, Ferry, Garfield, AbnerC. Ilanlinir, Hart, (lender- 
eon, Iligby, Holmes, IIo(iper. Asahel W. Iliibhard, Chester 
ti. Hubbard, Demas Ilubbavd, jr , John H. Hubbard, James 
E. Iliibbell, In^crsoll. Jenckes, Julian, Kelley, Latham, 
George V. Lawrence, VVilltam Lawrence, Loan, Longyear, 
Lynch. Marstou, McCIurj, .McKee, McRuer, Mircur, Sloor- 
bead, Morrill, Morris, Myers, O'Neill, Ortli, Paiiie, Patter- 



son, Perham, Pike, Plants, Price, Alexander H. Rice, .Ttbn 
H. bice, Rollins, Sawyer, Schenck, Scoliebl, Shellainirf.er, 
Sloan, Starr, Sevens, Stillwcll, Th lyer, Francia 'Jiionas, 
Trowbriilge, Ups n. Van Aernani, Burt Van llo! n, A\ <rd, 
Henry D. Washburn, Willinm B. Washburn, Welker, \ ba- 
le*, Williams, James F. Wilson, Stephen F. Wilson, U ood- 
hridge — 96. 

N \Y,i — Messrs. Ancona, Bergen, CUanUr, Darling, Davis, 
Diwsim. Eldridge, Glosshr nner, Gimlyrar, Grider, Hale, 
Aaron [larding, llo jan, Edwin N. lltMteU,,Tamfx M. Ham- 
plirey, Kuydendall, Le Blond, Muishall, Marvin, McCal- 
louyii, A'iblack, Aiclwlson, Had ford, S. J . Handall, Kayniund, 
Bitter, lio.s, SUgreaves, Slrouse, 'Taylor, Tri.nible, Wrighl 

June 26 — Senate amended and passed it, there 
being no division on the final vote. A motion 
to postpone it till the next December was lost — 
yeas G, (Messrs. Buck'dcw, Davis, Doolittlc, Guth- 
rie, Hendricks, Riddle,) nays 27. 

July 2 — In Senate, the report of the Commit- 
tee of Conference, being the above law, was 
agreed to, without a division. 

July 3 — In House, a motion to table the re- 
port was lost — yeas 25, nays 102. The yeas were ; 
Y':as — ■NIessrs. Ancona,Boycr, Coffroth, Daivann, Eldridge, 
Fiudc, Ghissbrcnner, Aaron Harding, Joluisnr, Kirr, Le 
Blond, Marsliall, Niblac',, Noell, Bitter. Bogcr>\ Bonn, lloud- 
seau, Shanklin, Sitgreaves, Slrouse, Tuber, Taylor, Tkornion, 
Trimble. 

It was then agreed to. 

July 16 — The bill was vetoed. 

Same day — The PIousE re-passed the bill — 
yeas 103, nays 33, as follow : 

Yeas — Messrs. Alley, Alli.son, Ame?, Anderson, Delos R. 
ATbley. James M. Asbley, Baker, Uauks, IJarker, Baxter, 
Beiijaniin, Bidwell, Bingham, Boutwell, Broaiwell, Buck- 
land, linndy, Ueailer W. Clarke, Sidney Clai ke, Cobb, i onk- 
ling Cool; . Dawes, Detree-s, Delano, Deming, Donnelly, Drigsa, 
Ecklev, Eu'glesion, Eliot, Ferry, Garfield, tin iinell, Uriswold, 
Hale, Hart, Henderson, Higbv, Holmes, Hooper, llotcbkins, 
A.sahel W. Hubbard, Chester D.Hubbard, John H. Hub- 
baj<l, James K. Hubbell, Hulbnrd, Julian, Kasson, Kelley, 
Ketchani, I^atlin, Latham, George V. Lawrence, William 
Lawrence. Loan, Longyear, Lynch, Maision. Marvin, Me- 
( lurg, JlcKee, JIcKuer, Mercur, Miller, Rlooihead, Muriill, 
Morris, Moulton, Mvers, Newell, O'Neil, Orth, Perham, 
Pike. P.aiits, Price, William H. Randall, -Alexander H.Rice, 
Rollins, Sawyer, Scofield, Shellabarger, Spalding, Stevens, 
Thayer, John L. Thomas, ir., Trowbridge, Van Aeriiam, 
Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu 
B. Washburne, William B. Washburn, Welker, Wentwortli, 
Whaley, Williams, James F. Wilson, Stephen F. Wilson, 
Windom, Woodbridge — 103. 

Nays — Messrs. Ancona, Boyer, Dawson, Eldridgi-. Finck, 
Glosshrenner, Grider, Aaron Harding, Hngan. J. M. Hum- 
phrey, Johnson, Kerr, Kuykendall, Lelilond, ilarshaU, Nib- 
lack, Nicholson, Noell, Phelps, SamuelJ. Randall, Raymond, 
Bitter, Bog-rs, Boss, Rousseau, Shunklin, Sitgreaves. Taber, 
Taylor, T/iornton, Trimble, Henry D. Washburn, Wright — 
33. 

Same day — ^The Senate re-passed it — yeas 33, 
nays 12, as follow : 

Yeas — Messrs. Anthony, Brown, Chandler, Clark, Conness, 
Cragin, Creswell. Edmunds, Fessenden, Foster, Grimes, Har- 
ris, Henderson, Howard. Howe, Kirkwood, Lane of Indiana, 
Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, 
Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Wil- 
liams, Wilson, Yates — 33. 

Nays — Messrs. Buckale.iv, Davis, Doolitlle, Guthrie, Hen- 
dricks, Johnson, McDougall, Nesmith, Norton, Riddle, Sauls- 
bury, Van Winkle — 12. 

Whereupon the President of the Seuute de- 
clared the bill a law. 

Bostoring Tonnessee to hor Belations to tho 
ITaioa. 

1866, March 5 — Mr. Bingham reported from 
the Select Joint Committee on Reconstruction 
a joint resolution concerning the State of Ten- 
nessee, (for which see Political Manual for 1866, 
p. 105, 106.) No vote was taken upon it. 

1866, July 20— The House passed the resolu 
tion in these words : 



152 



POLITICAL MANUAL. 



Joint Kftso.ution declaring Tennessee again en- 
titled to Senators and Representatives in Con- 
gress. 

Wliereas the State of Tennessee has in good 
faith ratified the article of amendment to (he 
Constitution of the United Status, proposed by 
the Thirty-Ninth Congress to the Legislatures of 
the several States, and has also shown to the 
satisfaction of Congress, by a proper spirit of 
obedience in the body of her people, her return 
to her due allegiance to the Government, laws, 
and authority of the United States : Therefore, 

Beit resolved hy the Senate and House of Rep- 
resentatives of the United States of America in 
Congress assembled, Tliat the State of Tennessee 
is hereby restored to her former proper, practi- 
cal relations to the Union, and is again entitled 
to be represented by Senators and Representa- 
:ives in Congress, dal}'- elected and qualified, 
upon their taking the oaths of office required by 
exist] ug laws. 

The preamble was agreed to — yeas 8G, nays 
48; and tlie resolution passed — yeas 126, nays 
12, as follow : 

Yeas — Slossrs. Allison, Amos, Jncnna. George W. Andpr- 
Bon, 1 closR. Ashley, . J iiiin-3 M. Ashley. IJikei, P.iiiiks. Bax- 
ter. i;ithvell, Linghain, Bnijer, liromwcU, BiicUlaiRl, liuiuly, 
Reader W. Clarke, Sidney Cliirke, Cobh, Colfax. Coiikling, 
liavis, Dawes, D tws»n, Defrees, Delano. Deiuing, Donnelly, 
Drifrgs, Eekley, E .'glostnn, Eldridffe, Fai nswnrth. Farquhar, 
I'orry, Find', Garfield, Glossbrenni'r, Aanm ITdrdinij. Ahner 
C. Ila ding, Hart, IIoQan, llolwcs, lliio|jer, llotchkis*, Asa- 
hel W. UuLibard, Chester D Hubbard, John II. Hubbard, 
James R. lliibbell, Hulburd, James M. Jldiiiphreij, Inger- 
Boll, Jnhnsun, Kasson, Kerr, Kelcliani. K nntz, Kuykendall, 
L;illin, Latham, (eorgo V. Lawrence, William Lawrcuie, 
Lyiieh. Marston. McCulhnii/h, IMeRiier, Mercur. Miller. Moor- 
head, Morrill, Morris, Mmiltun. Myers. Newell, Niblack; 
Kicli'ils'iv,A'wU, ONeill.Orth, Patterson. Perliam, Phelps, 
1 ike. Plants, Price, Radford, SamuelJ. Uandall, William II. 
Randall, Rayninnd, Alexander II. Rice, Jolm II. Rice, mt- 
ter. Jinrje.rs, Rollinf , liuss, Rousseau, Sawyer, Schenek, Sco- 
fiidd. Shellabarger, Sitpreaves, Spalding, Stevens, /S.roMse, 
Taber, Taylor, Thayer, Francis Thomas, John L Thomas, .i ., 
T'i'irntrin, Trimble, Trowbridge, Van Aernam. Hurt Van 
llnrn, KolieT t T. Van Horn, Ward, Warner, Henry D. Wash- 
burn, Willi mi n. Wa^il.iirji, Welker, Wen;worth, Whaley, 
.lanv s F. Wilson, Stephen F. Wilson, Windum, Woodbridge, 
Wright— i.e. 

Nays — Messrs. Alley, Benjamin, Boutwell. Kliot. Higby, 
.lenckes, Julian, Kelley, Loan, McClurg, Paine, Williams — 
12. 

July 23, 1866 — The Senate amended and 
passed it in these words : 

Joint Resolution restoring Tennessee to her re- 
lations to the Union. 

Whereas, in the year eighteen hundred and 
sixty-one, the government of the State of Ten- 
nessee was seized upon and taken ])ospession of 
by persons in hostility to the United States, and 
the inhabitants of said State, in pursuance of an 
act of Congre.ss, were declared to be in a state 
of insurrection against the United States ; and 
whereas said Stale government can only be re- 
stored to its former political relations in the 
Union by the consent of the law-making power 
of the Ur.ited States ; and whereas the people of 
said Slat.) did, on the twenty-second day of Feb- 
ruary, eighteen liundred and sixty-five, by a 
large popular vote, adofit and ratify a constitu- 
tion of government whereby slavery was abol- 
ished nwl all ordinances and laws of secession, 
and debts contracted under the same, were de- 
clared void : and whereas a State government 
has been organized under said constitution which 
has ratified the amendmeu: to t'^e Constitution 



of the United States .aboli.iLinp filavery, also the 
amendment proposed by tae Thirty-Nintli Con- 
gress, and has done othor acts proclaiming and 
denoting loyaUy ; Therelove, 

Be it resolved by the Senate and House of Rep- 
resenta.tives of the United States of America in 
Congress assembled. That the Slate of Tennesse« 
is hereby restored to her former proper, practi' 
cal relations to the Union, aad is again entitled 
to be represented by Senatois and Representa- 
tives in Congress. 

The vote was — yeas 28, nays 4, as follow : 

Yeas — :\Iessr8. Anthony, Chandler, Clark, Conness, Cnivan, 
CreswelL Duohtlle, Eilmnnds, Foster, Hmdrick-:, Howard, 
Howe, Lane, Mcjrg m, Morrill, NesniilU. Nye, Poland, ^'orne- 
roy, Spragne, Stewart. Tiiimbull, Van Winkle, Wade, Wil- 
ley, V\ illiams, Wilson. Yates — 28 

Nays — Messrs Urown, liuckalew, McDougall, Suiuner — 1. 

July 23 — The House agreed to the Senate 
amendments, yeas 93, nays 26, as follow : 

Yeas — Messrs Allison, Ames, Anderson, Delos R. Ashloy, 
Baker, Banks, Barker, Baxter, Benjamin, Bidwoll, Bing- 
ham, Boutwell, Bromwell, Broom.'ill, Buokland, Reader W. 
Clarke, Cobb, Conklin,', Defrees, Dixon, Donnelly, Driggs, 
Kckley, Eggleston, Kliot, Farnsworth, Farquhar, Ferry, Gar- 
field, Abiier C. Harding, Ilart, Hayes, IH.gby, Holmes, 
Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hub- 
bard, .!ohn II llnbb.ird, .'amesR. Hubbell, Iliillmrd, Ini-er- 
soll, Julian, Kelley, Ketch \m, Koontz, KuyUer.dall, Lailin, 
George V Lawrence, William Lawrence, Loan, Lyni h. Mars- 
ton, .AlcChup, McRuer, Meicur, Jliller, .Mooiliead, Slorrill, 
Morris, Moulton, Myers, Newell, O'Neill, Ortli, Paim-, Por- 
ham. Plants, Price, William II. Randall, Alexatider II. Rice, 
.lohii H. Rice, Rollins, Sawyer, t^chenck, Scolield, i^hella- 
barger, Spalding, Ptever.s, John L. Thomas, jr., TreWiridge, 
Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, 
Welker, AVentworl'li. W h iley, Williams, James F. Wilson, 
Steiibeu F. W l>on, Wuidom; Woodbrilge— 93. 

Nays — Messrs. Ancnna, Bergen, Boijcr, Dawsnn, Eldndge, 
Finek, Gloss' ire.nner, Aaron Harding, Jenckea, Jolimor,, L.v 
tham, Le Blmd, ilars'iall, Siblack, Kidinlsrm, Radfurd, 
Samuel ■f.Rundiill, Raymoni, Bitter, Ross, Shanklin, St rouse, 
Taber, Taylur, ThornUm, Trimble — 26. 

July 24 — The Reesidext approved the bill, 
sending to the House this message: 
To the House of Represeiitalives : 

The following "joint resolution, restoring Ten- 
nessee to her relations to the Union," was last 
evening presented for my approval: 

" Whereas, in the year eighteen hundred and 
sixty-one, the government of the Slate of Ten- 
nessee was seized upon and taken possession of by 
persons in hostility to the United Slates, and the 
inliabitants of said State, in pursuance of an act 
of Congress, were declared to be in a state of 
insurrection against the United Slates ; and 
whereas said Stale government can only be re- 
stored to its former political relations in the 
Union by the consent of the law-making power 
of the United States; and whereas tlie people of 
said State did. on the twenty second day of Feb- 
ruary, eighteen hundred and sixty-five, by a large 
popular vole, adopt and ratify a constitution of 
government whereby slavery was abolished and 
all ordinances and laws of secession, and debts 
contracted under the same, were declared void; 
and whereas a Stale government has been or- 
ganized under said constitution, which has rati- 
fied tlie amendment to the Constitution of the 
United Stales abolishing slavery, also the amend- 
ment proposed by tiie Thirty Ninth Congress, 
and has done other acts proclaiming and de- 
noting loyalty ; Therefore, 

''Be it resolved by the Senate and House of Rep- 
resentatives of the' United States in Congress as- 
sembled, Thit the State of Tennessee is hereby 



PRESIDENT JOHNSON S MESSAGES. 



153 



•"eetored to her former practical relations to the 
ijuion, and is again entitled to be rejiresentedby 
Senators and Representatives in Congress." 

The preamble simply consist? of statements, 
4ome of which are assumed, while the resolution 
is merely a declaration of opinion. It comprises 
no legislation, nor does it confer any power 
which is binding upon the respective Houses, the 
Executive, or the States. It does not admit to 
their seats in Congress the Senators and Repre- 
Bentatives from the State of Tennessee ; for, 
notwitlistanding the passage of the resolution, 
each House, in the exercise of tiie constitutional 
right to judge for itself of tlie elections, returns, 
and quaiitications of its members, may, at its 
discretion, admit them, or continue to exclude 
them. If a joint resohition of this character 
were necessary and binding as a condition pre- 
cedent to the admission of members of Congress, it 
would happen, in the event of a veto by the Ex- 
ecutive, that Senators and Representatives could 
only be admilted to the halls of legislation by a 
two-thirds vote of each of the two Houses. 

Among other reasons recited in the preamble 
for the declarations contained in the resolution 
is the ratilication, by the State government of 
Tennessee, of " the amendment to the Constitu- 
tion of the United States abolishing slavery, and 
also the amendment proposed bj' the Thirty- 
Ninth Congress." If, as is also declared in the 
preamble, " said State government can only be 
•estored to its former political rtialions in the 
Union by the consent of the law-making power of 
the United States," itwould really seem to follow 
that the joint resolution wliicli, at this late daj', 
nas received the sanction of Congress, should have 
Deen passed, approved, and placed on the statute 
Dooks before any amendment to the Constitution 
was submitted to the Legislature of Tennessee 
for ratification. Otherwise, the inference is 
plainly deducible that while, in tlie opinion of 
Jougress, the people of a State may be too 
fttrongly disloyal to be entitled to representa- 
tion, they may, nevertheless, during the suspen- 
sion of their " former proper practical relations 
to the Union," have an equally potent voice 
with otlier and loyal States in propositions to 
amend the Constitution, upon which so essen- 
tially depend the stability, prosperity, and very 
existence of the nation. 

A brie*" reference to my annual message of the 
4th of JJecember last will show the steps taken 
by the Executive for the restoration to their con- 
stitutional relations to the Union of the States 
that had been affected by the rebellion. 

Upon the cessation of active hostilities, pro- 
visional governors were appointed, conventions 
called, Govprnors elected by tlie people, Legisla- 
tures ar,oembled. and Senators and Representa- 
tives ch'^sen to the Congress of the United States. 
At the same time the courts of the United States 
were reopened, the blockade removed, the custom- 
houses re-established, and postal operations re- 
sumed. The amendment to the Constitution abol- 
ishing slavery forever within the limits of the 
country was also submitted to tlie States, and they 
were thus invited to, and did participate in its 
ratification, thus exercising the highest functions 
pertaining to a State. In addition, nearly all 
of these States, through their conventions and 



Legi.slatures, had adopted and latified constitu- 
tions " of government, whereby slavery was 
abolished, and all ordinances and laws of se- 
cession, and debts contracted under the same, 
were declared void." 

So far, then, the political existence of the 
States and their relations to the Federal Govern- 
ment had been fully and completely recognized 
and acknowledged by the executive department 
of the Government; and the completion of the 
work of restoration, which had progressed so 
favorably, was submitted to Congress, upon 
which devolved all questions pertaining to the 
admission to their seats of the Senators and Rep- 
resentatives chosen from the States whose peo- 
ple had engaged in the rebellion. 

All these steps had been taken, when, on the 
fourth day of December, eighteen hundred and 
sixty-five, the Thirty-Ninth Congress assembled. 
Nearly eight months have elapsed since that 
time ; and no other plan of restoration having 
been proposed by Congress for the measures in- 
stituted by the Executive, it is now declared in 
the joint resolution submitted for my approval, 
"that the State of Tennessee is hereby restored 
to her former proper practical relations to the 
Union, and is again entitled to be represented by 
Senators and Representatives in Congress." 
Thus, after the lapse of nearly eight months, 
Congress proposes to pave the way to the admis- 
sion to representat>ion of one of the eleven States 
whose people arrayed themselves in rebellion 
against the constitutional authority of the Fede- 
ral Government. 

Earnestly desiring to remove every cause of 
further delay, whether real or imaginary, on the 
part of Congress to the admission to seats of 
loyal Senators and Representatives from the 
State of Tennessee. I have, notwithstanding the 
anomalous character of this proceeding, affixed 
my signature to the resolution. My approval, 
however, is not to be construed as an acknowl- 
edgment of the right of Congress to pass laws 
preliminary to the admission of duly qualified 
representatives from any of the States. Neither 
is it to be considered as committing me to all the 
statements made in the preamble, some of which 
are, in my opinion, without foundation in fact, 
especi;illy ilie assertion that the State of Ten- 
nessee has vntilied the amendment to the Con- 
stitution of the United States proposed by the 
Thirty -Ninth Congress. No official notice of 
such ratification has been received by the Exec- 
utive, or filed in the Department of State; oa 
the contrar3^ unofficial information from most 
reliable sources induces the belief that the 
amendment has not yet been constitutionally 
sanctioned by the Legislature of Tennessee. The 
right of each House, under the Constitution, to 
judge of the elections, returns, and qnalificationa 
of its own members is undoubted, and my ap- 
proval or disapproval of the resolution could 
not in the slightest degree increase or diminish 
the authority in this respect conferred upon the 
two branches of Congress. 

In conclusion, I cannot too earnestly repeat 
my recommendation for the admission of Ten- 
nessee, and all other States, to a fair and equal 
participation in national legislation, when they 
present themselves in the persons of loyal Sena- 



154 



rOLITICAL MAMMAL. 



tors and Pieprepentatives, who can comply with 
all the requireiuent-s of the Constitution and the 
laws. By this means, harmonj' and reconcilia- 
tioa will be effected, the practical relations of 
all the States to tlie Federal Government re- 
established, and ihe work of restoration, inaugu- 
rated u-pon the termination of the war, success- 
fully comfdeted. Andrew Joiinson. 
Wasuington, D. C, July 2-1, 1S6G. 

Voto of the District of Colambia Suffrage Bill, 

January 7, 1867. 
To ihe Senate of tlic United States: 

I have received and considered a bill entitled 
"An act to rej:;ulate the elective franchise in the 
District of Columbia," passed by the Senate on 
the 13th of December, and by the Hou?e of 
Representatives on the succeeding day. It was 
presented for my approval on the 2()th ultimo, 
BIX da\'s after the adjournment of Congress, 
and is now returned with my objections to the 
Senate, in which House it originated. 

Measures having been introduced, at the com- 
mencement of the first session of the present 
Congress, for the extension of the elective fran- 
chise to persons of color in the District of Co- 
lumbia, steps were taken by the corporate 
authorities of Washington and Georgetown to 
ascertain and make known the opinion of the 
people of tlie two cities upon a subject so imme- 
diately affecting their welfare as a community. 
The question was submitted to the people at 
spfrcial elections, held in the month of December, 
1}-S5 when the qualified voters of Washington 
and Georgetown, with great unanimity of senti- 
ment, expressed themselves opposed to the con- 
templated legislation In Washington, in a vote 
of 6,55G — the largest, wit.h but two exceptions, 
ever polled in that city — only thirty-five ballots 
were cast for negro suffrage ; while in George- 
town, in an aggregate of 813 votes — a number 
considerably in excess of the average vote at the 
four preceding annual elections — but one was 
given in favor of the proposed extension of the 
elective franchise. As these electi'^ns seem to 
have been conducted with entire fairness, the 
result must be accepted as a truthful expression 
of the opinion of the people of tiie District upon 
the question which evoked it. Possessing, as an 
organiz.ed cornmunit}', the same popular rights 
as the inhabitants of a State or Territory to 
make known their will upon matters wliich 
affect their social and political condition, they 
could have selected no more appropriate mode 
of memorializing Congress upon the subject of 
thi.r bill than through the suffrages oi' their 
qualified voters. 

Entirely disregarding the wishes of the people 
of the District of Columbia, Congress has deemed 
it right and expedient to pass the measure now 
fiubmitted for my signature. It therefore be- 
comes the duty of the Executive, standing be- 
tween th« legislation of the one and the will of 
the other, fairly expressed, to determine whether 
lie should approve tlie bill, and thus aid in placing 
upon the statute books of the nat'on a law 
against which the people to whom it is to apply 
have solemnly and with such unanimity pro- 
tasted, or wiicther ho should return it with liis 
)bjection8, in the hope that, upon reconsideration, 



Congress, acting as the representativfei of the 
inhabitants of the seat of Government, will per- 
mit them to regulate a purely local question aa 
to therx. may seem best suited to their interests 
and condition. 

The District of Columbia was ceded to the 
United States by Maryland and Virginia, in 
order that it miglit become the permanent seat of 
Government of the United States. Accepted by 
Congress, it at once became subject to the " exclu- 
sive legislation" for which provision is made in 
the Federal Constitution. It should be borne in 
mind, however, that in exercising its functions 
as the law-making power of the District of Co- 
lumbia, the authority of Mie National Legislature 
is not without limit, but that Congi>ess is bound 
to observe the letter and spirit of the Constitu- 
tion, as well in the enactment of local laws for 
the seat of Government as in legislation common 
to the entire Union. Were it to be admitted 
that the right " to exercise exclusive legislation 
in all cases whatsoever" conferred upon Congress 
unlimited power within the District of Columbia, 
bills of attainder and ex post facto laws might 
be passed, and titles of nobility granted within 
its boundaries. Laws might be made "respect- 
ing an establishment of religion, or prohibiting 
the free exercise thereof; or abridging the free- 
dom of speech or of the press; or the right ol 
the people peaceably to assemble and to petition 
the Government for a redress of grievances." 
"The right of the people to be secure in their 
persons, houses, papers, and effects against un- 
reasonable searches and seizures" might with 
impunity be violated. The right of trial by jury 
might be denied, excessive bail required, excess- 
ive fines imposed, and cruel and unusual pun- 
ishments inflicted. Despotism would thus reign 
at the seat of government of a free republic, 
and, as a place of permanent residence, it would 
be avoided by all who prefer the blessings of 
liberty to the mere emoluments of official posi- 
tion. 

It should also be remenibered that in legislat- 
ing for the District of Columbia, under the Fed- 
eral Constitution, the relation of Congress to it3 
inha'«itants is analogous to that of a Legislature 
to the people of a State, under their own local 
constitution. It does not, therefore, seem to be 
asking too much that, in matters pertaining to 
the District, Congress should have a like respect 
for the will and interest of its inhabitants as is 
entertained by a Sta^e Legislature for the wishes 
and pro=perity of those for whom they legis- 
late. The spirit of our Constitution and the 
genius of our Government require that, in regard 
to any law which is to affect and have a perma- 
nent bearing ujion a people, their will should 
exert at least a reasonable influence upon those 
who are acting in the capacity of their legisla- 
tors. Would, for instance, the Iiegislature of the 
State of ISew York, or of Pennsylvania, or of 
Indiana, or of any State in the Union, in oppo- 
sition to the expressed will of a large majority of 
the people whom they were chosen to represent, 
arbitrarily force upon them, as voters, all per- 
sons of the African or negro race, and make 
them eligible for oflSce without any other quali- 
fication than a certain term of residence within 
the State? In neither of the States named 



PRESIDENT JOHNSON S MESSAGES. 



■fdd 



would the colored population, when acting to- 
gether, be able to produce any groat social or 
political result. Yet, in New York, before he 
can vote, tlie man of color must fulfill conditions 
that are not required of the white citizen ; in 
fennsyivauia the elective franchise is restricted 
to wbite freemen ; while in Indiana negroes and 
mulattoes are expressly excluded from the right 
of suffrage. It hardly seems consistent with the 
principles of right and justice that representa- 
tives of States where suffrage is either denied the 
colored man, or granted to him on qualifications 
requiring intelligence or property, should compel 
the people of the District of Columbia to try an 
experiment wliich their own constituents have 
thus far shown an unwillingness to test for them- 
selves. Nor does it accord with our republican 
ideas that the principle of self government 
should lose its force when applied to the resi- 
dents of the District, merely because their legis- 
lators are not, like those of the States, responsi- 
ble, through the ballot, to the people for whom 
they are the lawmaking power. 

The great object of placing the seat of Gov- 
ernment uinler the exclusive legislation of Con- 
gress was to secure the entire independence of 
the General Government from undue State influ- 
ence, and to enable it to discharge, without 
danger of interruption or infringement of its 
authority, the high functions for which it was 
created "by the people. For this important 
purpose it was ceded to the United States by 
Maryland and Virginia, and it ceitainly never 
could have been contemplated, as one of the 
objects to be attained by placing it under the 
exclusive jurisdiction of Congress, that it would 
afford to propagandists or political parties a 
place for an experimental test of their principles 
and theories. While, indeed, the residents of 
the seat of Government are not citizens of any 
State, and are not therefore allowed a voice in 
the Electoral College, or representation in the 
councils of the nation, they are, nevertheless, 
American citizens, entitled as such to every 
guaranty of the Constitution, to every benefit of 
the laws, and to every right which pertains to 
citizens of our common country. In all matters, 
then, affecting their domestic affairs, the spirit 
of our democratic form of government demands 
tluit their wishes should be consulted and 
respected, and they taught to feel that, although 
not permitted practically to participate in 
national concerns, they are nevertheless under a 
paternal Government, regardful of their rights, 
mindful of their wants, and solicitous for their 
prosperity. It was evidently contemplated that 
all local questions would be left to their decision, 
at least to an extent that would not be incom- 
patible with the object for which Congre.«s was 
granted ex(dusi ve legislation over the seat of Gov- 
ernment. When the Constitution was yet under 
consideration, it was assumed by Mr. Madison that 
its inhabitants would be allowed " a municipal 
legislature for local purposes, derived from their 
own suffrages." When, for the first time. Con- 
gress, in tlie year 1800, assembled at Washing- 
ton, President Adams, in his speech at its open- 
ing, reminded the two Houses that it was for 
them to consider whether the local powers over 
the District o*" Columbia, ve^^id by the Consti- 



tution in the Congress of the Uni'ed States, 
should be immediately exercised, and he asked 
them to " consider it as the capital of a great 
nation, advancing with unexampled rajudity 
in arts, in commerce, in wealth, and in popu- 
lation, and possessing within itself those re- 
sources which, if not thrown away or lamenta- 
bly misdirected, would secure to it a long course 
of jirosperity and self-government." Three years 
had not elapsed when Congress was called ujion 
to determine the propriety of retroceding to 
Maryland and Virginia the jurisdiction of the 
territory which they had respectively relin- 
quished to the Government of the United States. 
It was urged on the one hand that exclusive ju- 
risdiction was not necessary or useful to the 
Government ; that it deprived the inhabitants of 
the District of their political rights; that much 
of the time of Congress was consumed in legis- 
lation pertaining to it; that its government was 
expensive; that Congress was not competent to 
legislate for the District, because the members 
were strangers to its local concerns; and that it 
was an example of a government without repre- 
sentation — an experiment dangerous to the liber- 
ties of the States. On the other hand, it was held, 
among other reasons, and successfully, that the 
Constitution, the acts of cession of Vh^inia and 
Maryland, and the act of Congress accepting tho 
grant, all contemplated the exercise of exclusive 
legislation by Congress, and that its usefulness, if 
not its necessity, was inferred from the inconven- 
ience which wasfeit for want of it by the Congress 
of the Confederation ; that the peofde themselves, 
who, it was said, had been deprived of their 
political rights, had not complained, and did not 
desire a retrocession ; that the evil might be 
remedied by giving them a representation in Con- 
gress when the District should become sufficiently 
populous, and, in the mean time, a local legisla- 
ture; that, if the inhabitants had not political 
rights, they had great political influence; that 
the trouble and expense of legislating for the 
District would not be great, but would diminish, 
and might, in a great measure, be avoided by a 
local legislature; and that Congress could not 
retrocede the inhabitants without their consent. 
Continuing to live substantially under the laws 
that existed at the time of the cession, and such 
changes only having been made as were suggested 
by themselves, the people of the District have 
not sought, by a local legislature, that which has 
generally been willingly conceded by the Con- 
gress of the nation. 

As a general rule, sound policy requires that 
the Legislature should yield to the wishes of a 
people, when not inconsistent with the Consti- 
tution and the laws. The measures suited to 
one community might not be well adapted to the 
condition of another ; and the persons best qual- 
ified to determine such questions are those 
whose interests are to be directly affected by 
any proposed law. In Massachusetts, for in- 
stance, male persons are allowed to vote with- 
out regard to color, provided they jiossess a cer- 
tain degree of intelligence. In a population in that 
State of 1,231,066, there were, by the census of 
1860, only 9,602 persons of color ; and of the 
males over twenty years of age, there were 
339,086 white to 2,602 colored. By the same 



156 



POLITICAL MANUAL. 



official enumeration, tliere were in tlie District 
of Columbia 60,7l)4 whites to 14,310 persons of 
the colored race. Since then, however, the pop- 
ulation of the District has largely increased, and 
it is estimated that at the present time there are 
nearly a hundred thousand whites to thirty 
thousand negroes. The cause of the augmented 
numbers of tlie latter class needs no explanation. 
Contiguous to Maryland and v irginia, the Dis- 
trict, during the war, became a [lace of refuge 
for those who escaped from servitude, and it is 
yet the abiding place of a considerable propor- 
tion of those who sought within its limits a 
shelter from bondage. Until then held in 
slavery, and denied all opportunities for mental 
culture, their first knowledge of the Government 
was acquired when, by conferring upon them 
freedom, it became the benefactor of their race; 
the test of their capability for im[)rovement 
began when, for the first time, the career of free 
industry and the avenues to ,'itelligence were 
opened to them Possessing t:^ese advantages 
but a limited time — the greatei number perhaps 
having entered the District of Columbia during 
the later years of the war, or since its termina- 
tion, we may well pause to inquire whether, 
after so brief a probation, they are as a class 
capable of an intelligent exercise of the right of 
suffrage, and qualified to discharge the duties of 
official position. The people who are dail}^ wit- 
nesses of their n.ode of Jiving, and who have 
become familiar with their habits of thought, 
have expressed the conviction that they are not 
yet competent to serve as electors, and thus be- 
come eli'^ible for office in the local governments 
under which they live. Clothed with the elect- 
ive franchise, their numbers, already largely in 
excess of the demand for labor, would be soon 
increased by an influx from the adjoining States. 
Drawn from fields where employment is abun- 
dant, tliey would in vain seek it here, and so 
add to the embarrassments already experienced 
from the large class of idle persons congregated 
in the District. Hardly yet cajialde of forming 
correct judgments ui)on the imjiortant questions 
that often make the issues of a y-olitical contest, 
they could readily be made subservient to the 
purposes of designing [lersons. While in Massa- 
chusetts, under the census of 1860, the propor- 
tion of wliite to colored males over twenty years 
of age was one hundred and thirty to one, here 
the black race constitutes nearly one-third of 
the entire population, whilst the same class sur- 
rounds the District on all sides, reatly to change 
their residence at a moment's notice, and with 
all the fac'lity of a nomadic people, in order to 
enjoy here, after a short residence, a privilege 
they find nowhere else. It is within their power 
in one year to come into the District in such 
numbers as to have the supreme control of the 
white race, and to govern tliem by their own 
officers, and by the exercise of all the municipal 
authority, among the rest, of the power of tax- 
ation over property in which they have no in- 
terest. In Massachusetts, where they have en- 
joyed the benefits of a thorough educational sys- 
tem, a qualification of intelligence is required, 
while here suffrage is extended to all, without 
discrimination, as well to the most incapable, 
who can i)rove a residence in the District of oce 



3'ear, as to those persons of color who, cornpara- 
tivcly few in number, are permanent inhabit- 
ants, and having given evidence of ineril and 
qualification, are recognized as useful and re- 
sjionsible members of the community. Imposed 
upon an unwilling people, placed, by the Con- 
stitution, under the exclusive legislation of Con- 
gress, it would be viewed as an arbitrar}' exer- 
cise of power, and as an indication l.iy the coun- 
try of the purpose of Congress to compel the 
acceptance of negro suffrage by the Stales. It 
would engender a feeling of opposition and 
hatred between the two races, which, becoming 
deep-rooted and ineradicable, would prevent 
them from living together in a state of mutual 
friendliness. Carefully avoiding every measure 
that might tend to produce such a result, and 
following the clear and well-ascertainei.ljiopular 
will, we should assiduously endeavor to [>romote 
kindly relations hetv/een them, and thus, when 
that popular will leads the way, prepare for the 
gradual and harmonious introduction of this 
new element into the political jiower of the 
country. 

It cannot be urged that the proposed exten- 
sion of suffrage in the District of Columbia is 
necessary to enable persons of color to protect 
either their interests or their rights. They stand 
here precisely as they stand in Pennsj-lvania, 
Ohio, and Indiana. Here, as elsewhere, in all 
that pertains to civil rights, there is nothing to 
distinguish this class of persons from citizens of 
the United States; for the}' possess tlie "full 
and equal benefit of all laws and proceedings for 
the security of person and propertj' as i; en- 
joyed by white citizens," and are miide "subject 
to like punishment, pains, and peralties, and to 
none other, any law, statute, ordinance, regula- 
tion, or custom to the contrary notwithstan 1- 
ing." Nor, as has been assumed, are their suf- 
frages necessary to aid a loyal sentiment here; 
for local governments already exist of undoubted 
fealty to the Government, and are sustained by 
communities which wcr°. among the first to testify 
their devotion to the Union, and which, during 
the struggle, furnished their full quotas of men 
to the military service of the countr}'. 

The exercise of the elective francl.\ir-o is the 
highest attribute of an American citizen, and, 
when guided by virt;:.e, intelligence patriotism, 
and a proper appro- -ition of our inskitutions, 
constitutes the true basis of a democratic form 
of government, in which the sovereign pov/er is 
lodged in the body of the people. Its influence 
for good necessarily depends upon the elevated 
character and patriotism of the elector; for if 
exercised by persons who do not justl}' estimate 
its value, and who are indifferent as to its re- 
sults, it will only serve as a means of placing 
power in tlie hands of the unprincipled and am- 
bitious, and must eventuate in the comideto 
destruction of that liberty of which it should be 
the most powerful conservator. Great danger 
is, there fore, to be apprehended from an untimely 
extension of the elective franchise to any new 
class in our country, especially when the large 
majority of that class, in wielding tlie power 
thus placed in their hands, cannot be expected 
correctly to comprehend the duties and resjions:- 
bilities which pertain to suffrage. Yesterdav. 



1 



PRESIDENT JOHNSON S MESSAGES. 



157 



as it were, four millions of persons were held in 
a condition of shivery tliat had existed for gen- 
erations ; to-day they are freemen, and are as- 
sumed by law to be citizens. It can; ot be pre- 
sumed, from their previous condition of servitude, 
that as a class they are as well inf :med as to 
the nature of our Government as the intelligent 
foreigner wiio makes our land the home of his 
choice. In the case of the lattsr, neither a resi- 
dence of five j'ears, and the knowledge of our 
institutions which it gives, nor attachment to 
the principles of tiie Constitution, are the only 
conditions upon which he can be admitted to 
citizenship. He must prove, in addition, a good 
moral character, and tlius give reasonable ground 
for the belief tiiat he will be faithful to the obli- 
gations which he assumes as a citizen of the 
Republic. Wliere a people — the source of all po- 
litical power — speak, by their suffrages, through 
the instrumentality of the ballot box, it must be 
carefully guarded against the control of those 
who are corrupt in principle and enemies of free 
institutions, ibr it can only become to our politi- 
cal and social system a safe conductor of healthy 
popular sentiment when kejit free from demor- 
alizing influences. Controlled, through fraud 
and usurpation, by the designing, anarcliy and 
despotism must inevitably follow. In the hands 
of the patriotic and worthy, our Government 
will be preserved upon the principles of the 
Constitution inherited from our fathers. It fol- 
lows, therefore, that in admitting to the ballot- 
box a new class of voters not qualified for the 
exercise of the elective franchise, we weaken 
our system of government instead of adding to 
its strength and durability. 

In returning this bill to the Senate, I deeply 
Tbgret that there should be any conflict of 
opinion between the legislative and executive 
departments of the Government in regard to 
measures that vitally affect the prosperity and 
peace of the country. Sincerely desiring to 
reconcile the States with one another, and the 
whole people to the Government of the United 
States, it has been my earnest wish to co-operate 
with Congress in all measures having for their 
object a proper and complete adjustment of the 
questions resulting from our late civil war. 
Harmony between the co-ordinate branches of 
the Government, always necessary for the public 
welfare, was uever more demanded than at the 
present time, and it will therefore be my con- 
stant aim to promote, as far as possible, concert 
of action between them. Tlie differences of 
opinion that have already occurred have ren- 
dered me only the more cautious, lest the Execu- 
tive sliould encroacli upon any of the preroga- 
tives of Congress, or, by exceeding in any man- 
ner the constitutional limit of his duties, destroy 
the equilibrium which should exist between the 
several co-ord'nate departments, and which is so 
essential to the harmonious working of the Gov- 
ernment. I know it has been urged that the 
executive department is more likely to enlarge 
the sphere of its action than either of the other 
two branches of the Government, and especially 
in the exercise of the veto power conferred upon 
it by the Constitution. It should be remembered, 
however, that this power is wholly negative and 
conservative in its character, and was intended 



to operate as a check upon unconstitutional, 
hasty, and improvident legislation, and as a 
means of protection against invasions cf the 
just powers of the executive and judicial depart- 
ments. It is remarked by Ciiancellor Kent that 
" to enact laws is a transcendent ])o\ver; and, if 
tlie body that possesses it be a full and equal 
representation of the people, there is danger of 
its pressing with destructive weight upon all the 
other parts of the machinery of government. It 
has, therefore, been thought necessary, by the 
most skillful and most experienced artists in the 
science of civil polity, that strong barriers 
.should be erected for the protection and security 
of the other necessary powers of the Govern- 
ment. ^othing has been deemed more fit and 
expedient for the purpose than the provision 
that the head of the executive department 
should be so constituted as to secure a requisite 
share of indeiiendence, and that he should have 
a negative upon the passing of laws ; and that 
the judiciary power, resting on a still more per- 
manent basis, should have the right of deter- 
mining upon the validity of laws by the stand- 
ard of the Constitution." 

The necessity of some such check in the hands 
of the Executive is shown by reference to the 
most eminent writers upon our system of gov- 
ernment, who seem to concur in the opinion that 
encroachments are most to be apprehended from 
the department in which all legislative powers 
are vested by the Constitution. j\Ir. Madison, 
in referring to the difficulty of providing some 
practical security for each against the invasion 
of the others, remarks that " the legislative de- 
partment is everywhere extending the sjihere of 
its activity, and drawing all power into its im- 
petuous vortex." " The founders of our republics 
« * -ir geem never to have recollected the 
danger from legislative usurpations, which, by 
assembling all power in the same hands, must 
lead to the same tyranny as is threatened by 
executive usurpations." " In a representative 
republic, where the executive magistracy is care- 
fully limited, both in the extent and the duration 
of its power, and where the legislative power is 
exercised by an assembly which is inspired by 
a supposed influence over the people with an 
intrepid confidence in its own strength; whieh 
is sufficiently numerous to feel all the passions 
which actuate a multitude, j^et not so numerous 
as to be incapable of pursuing the objects of its 
passions by means which reason prescribes — it 
is against the enterprising ambition of tliis de- 
partment that the people ought to indulge all 
their jealousy and exhaust all their precautions." 
" The legislative departmentderives a superiority 
in our governments from other circumstances. 
Its constitutional powers being at once more 
extensive and less susceptible of precise limits, 
it can with the greater facility mask, under com- 
plicated and indirect measures, the encroach- 
ments which it makes on the co-ordinate depart- 
ments." "On the other side, the executive power 
being restrained within anarrower compass, and 
being more simple in its nature, and the judiciary 
being described by landmarks still less uncertain, 
projects of usurpation by either of these depart- 
ments would immediately betray and defeat 
themselves. Nor is this all. As the legislative 



158 



POLITICAL MANUAL. 



depavlment alone has access to the pockets of 
the people, ami has, in some constitutions, full 
discretion, and in all a prevailing influence over 
the peci'niary rewards of those who fill the other 
departments, a dependence is thus created in the 
latter which gives still greater facility to en- 
croachments of the former." " We have seen 
that the tendency of republican governments is 
to an aggrandizement of the legislative, at the 
expense of Uie other departments." 

Mr. JetTerson, in referring to the early consti- 
tution of Virginia, objected that by its provisions 
all the power.s of government, legislative, execu- 
tive, an^^ judicial, resulted to tlie legislative body, 
holding that " the concentrating these in the 
same hands is precisely the definition of despotic 
government. It will be no alleviation that these 
powers will be exercised b)' a plurality of hands, 
and not by a single one. One hundred and 
seventy-three despots would surely be as oppres- 
sive as one." "As little will it avail us thatthey 
are chosen bj' ourselves. An elective despotism 
was not the government we fought for, but one 
which sliould not only be founded on free prin- 
ciples, but in which the powers of government 
should be so divided and balanced among several 
bodies of magistracy as that no one could tran- 
scend their legal limits witliout being effectually 
checked and restrained by the others. For this 
reason, that Convention which passed the ordi- 
nance of government laid its foundation on this 
basis, that the legislative, executive, and judi- 
ciary depart men ts should be separate and distinct, 
so that no person should exercise the powers of 
more than one of them at the same time. But 
no barrier was provided between these several 
powers. The judiciary and executive members 
were left dependent on the legislative for their 
subsistence in office, and some of them for their 
continuance in it. If, therefore, the legislature 
assumes executive and judiciary powers, no op- 
position is likely to be made, nor, if made, can 
be effectual ; because in that case they may put 
their proceedings into the form of "an act of 
assembly, which will render them obligatory on 
the other branches. They have accordingly, in 
many instances, decided rights wliich should 
have been left to judiciary controversy; and 
the direction of tiie executive, during the whole 
time of their session, is becoming habitual and 
familiar." 

Mr. Justice Story, in his Commentaries on the 
Constitution, reviews the same subject, and says: 

"The truth is, that the lep;islative power is the prreat and 
ovcrruliii;; powtir In every I'-ee governiuent." " The repre- 
eent.itives of tlie jieople will watch with jealousy every 
encroacliiiisiit of the e.xe(;utive iiiaj?istrate, lor it trenches 
«poii their own aiitlioriry. But who shall watch the eii- 
creachm-iit of theso representatives themselves? Will 
tliey lie as jealouK of the exercise of power by themselves 
as tjr othi-rsy" '• There are many reasons which in iv be 
Msif;n<cl for th" enL'rossinR influence of the legislative de- 
partment. Ill the tirst place, its constitnlional powers wre 
more extens ve. ami less cupablo of beins bmutrht within 
precise linii s ilnn tho-e of .Itherof llie othtT dep:irtment8. 
The boiin IK ot llio exeruti-ve authority arc easily markeil 

out and ilefi I. Tt r'-ac lies few objVcts, and those are 

Vuown. It ri.niiot tr.itis.end them without being bron-ht 
Jta <ontaci v.iib the othiT <lepartinenls. Laws ni:iy check 
and reKtralii and lioiind its exercise. The same rennirks 
aiiply with Ktill ^TfHiir fi<rc.<' to Iho judiciary. The juris- 
diction is. or may be, boiiiidi-d to a f('W objects or per;,ons; 
or, however t;ei,orHl .in<l unlimited, its operations are iiece.s- 
garily confined to the mire adniiniKtraiion of private and 
public ju-tice It r.innot punish « ithout law. It cannot 
create controversies to act upon. U can decide only upon 



rights and cases as they are brought liy others before it. 
It can do nr.thinsi; lor itself. It must'do everything for 
othert*. It must oliey the laws; and if it corruptly admin- 
isters them, it is subjected to tlie power of imiie.ichment. 
On the other hand, the legislative power, exci pi in the few 
cases of constitutional proliibition, is unlimited. It is for- 
ever varying its means and its ends. It iroverns the institu- 
tions and laws and public policy of the country. It regu- 
lates all its vast interests. It disposes of all its property. 
Look but at the exercise of two or three brandies of its 
ordinary powers. It levies all taxes; it directs and appro- 
priates all supplies ; it gives the rules fur the desc.nt, dis- 
tribution, and devises of all property held by iiiuividuals. 
It controls the sources and the lesonrces of wealth. It 
changes at its will tlie whole fabric of the laws. It moulds 
at its pleasure almost all the institutions which give 
strength and comfort and dignity to society. In the next 
place, it is the direct, visibfe representative of the will of 
the people in all the changes of times and circumstances. 
It has the pride as well as the power of numbers. It is 
easily moved aud steadily moved oy the ^trong impulses of 
popular feeling and popular odium. It obeys, without 
reluctance, the wishes and the will of the majority for the 
time being. The ])ath to public favor lies open by such 
oliedierice; and it finds not only support, but impunity, in 
whatever measures the majority advises, even (hough they 
transcend the constitutional limits. It has no motive, 
therefore, to be jealous or scrupulous in iis own use of 
power; and it finds its ambition stininliited and its arm 
strengthened by the countenance atid the counvje of num- 
bers. These views are not alone t hose of iiieii who look 
with appreliension upon the fate of r-^pnblics; but they are 
also freely adniited by some of the strongest advocates for 
popular rights and the permanency of re)inblicMn institu- 
tions." "Each department should have a will of its own." 
'•Each should have its owu independence secured be.\ond 
the power of being taken away by either or both of the 
others. But at the same time the relations of each to the 
otlicr should be so strong that there should be a mutual 
interest to sustain and protect each other. There should 
not only be constitutional means, but per.sonal motives to 
resist encroachments of one on either of the others. Thui?, 
ambition would be made to counteract ambition; the desire 
of power to check power; and the pressure of interest to 
balance an opposing interest." " The judiciary is naturally 
and almost necessarily, (as has been already said.) the 
weakest department. It can have no means of inlluence by 
patronage. Its powers can never be wielded for iiself. It 
lias no command over the purse or the sword of the nation. 
It can neither lay taxes, nor appropriate money, nor com- 
manii armies, nor appoint to office. It is never brought into 
Contact with the people by constant appe Is and solicita- 
tions, and private inte course, which belong to all the other 
departnunts of Government. It is seen only in contro- 
versies, or in trials and imnifihments. Its rigid justice and 
ini|iariialiiy give it no claims to favor, however they may 
to respect. It stands solitaiy and unsupported except by 
that portion of puldio opinion which is interested only in 
the strict adtninisliation of justice. It can rarely secure 
thesynipalliy or zealous support either of the executive or 
the 1 gi>lature. If they are not (as is not unfreqiiently the 
case) jealous of its prerogatives, the constant neressity of 
scrutinizing the acts of each, upon the application of any 
private iieis'iii, and the painful duty of pronouncing judg- 
ment that these acts are a departure from the law or Con- 
stitution, can have no tendency to conciliate kindness or 
notnish influence It would seem, therefore, that some 
adilitioiial guards would, under the lircumstaines, be neces- 
sary to prolect this department from the alisolute dominion 
ot the others. Yet rarely have any such guards been ap- 
plied; and every atteni))t to introduce tlieiii has been 
resisted Willi a pertinacity which demonstrates how slow 
po]iular leaders .ire to introduce checks iijioii their own 
jiower, and how slow the people are to biliove that the 
judiciary is the real bulwark of their liberties." "If any 
department of the (b vernment has undue influence or ab- 
sorbing jiower, it certainly has not been the executive or 
judiciary.' 

In addition to what has been said by these 
distingui>hed writers, it may also be urged that 
the dominant party in each House may. by the 
expulsion of a suffiTient number of members, or 
liy tlie exclusion from representation of a requi- 
site numbev of States, reduce the minority to less 
tlian one-third. Congress, by these means, might 
be enabled to pass a law, the objections of tli6 
President to thecontrary iiotwithstamling, which 
would render ini[iotent the other two departments 
of the Government, and make inoperative the 
wholesome and restraining power which it was 



PRESIDENT JOHNSON S MESSAGES. 



159 



intends 1 by the Iramers of the Constitution 
should Le exerted by liiem. This would be a 
practical >;oncentration of all power in the Con- 
gress of the United States; this, in the language 
of the autuor of the Declaration of Independence, 
would bo "precisely the dehnition of despotic 
governmeut." 

I have preferred to reproduce these teachings 
of the great statesmen and constitutional lawyers 
of the early and later days of the Republic 
rather than to rely simply upon an expression 
of my own opinions. We cannot too often recur 
to them, especially at a conjuncture like the pres- 
ent. Their application to our actual condition 
is so ajiparent that they now come to us a living 
voice, to be listened to with more attention than 
at any previous period of our history. We have 
been and are yet in the midst of popular com- 
motion. The passions aroused by a great civil 
war are still dominant. It is not a tune favor- 
able to that calm and deliberate judgment which 
is the only safe guide when radical clianges in 
our institutions are to be made. The measure 
now before me is one of those changes. It initi- 
ates an untried experiment for a people who 
have .said, with one voice, that it is not for their 
good. This alone should make us pause ; but it 
is not all. The experiment has not been tried, 
or so much as demanded, by the people of the 
several States for themselves. In but few of the 
States has such an innovation been allowed as 
giving the ballot to the colored population with- 
out any other qualification than a residence of 
one year, and in most of them the denial of the 
ballot to this race is absolute, and by funda- 
mental law placed beyond the domain of ordinarj'' 
If^Lrislation. In most of those States the evil of 
fuch suflVage would be partial; but, small as it 
r/ould be, it is guarded by constitutional barriers. 
Here the innovation assumes formidable propor- 
tions, which may easil)- grow to such an extent 
as to make the white population a subordinate 
element in the body politic. 

After full deliberation upon this measure, I 
cannot bring myself to approve it, even upon 
local considerations, nor yet as the beginning of 
an experiment on a larger scale. I yield to 
no one in attachment to that rule of general suf- 
frage which distinguishes our policy as a nation. 
I)ut there is a limit, wisely observed hitherto, 
wliich makes the ballot a privilege and a trust, 
nnd which requires of some classes a time suit- 
able for probation and preparation. To give it 
indiscriminately to a new class, wholly unpre- 
pared by previous habits and opportunities to 
perform the trust which it demands, is to degrade 
it, and finally to destroy its power ; for it may 
be safely assumed that no polilical truth is better 
established than that such indiscriminate and all- 
embracing extension of popular suffrage must 
end at last in its destruction. 

Andrew Johnson. 

Washington, January 5, 1867. 

Copy of tlie Bill Vetoed. 

An Act to regulate the elective franchise in 

the District of Columbia. 

Be it evarted, etc, That from and after the 

passage of this act each and every male person, 

excepting paupers and [19 'sons under guardian- 



ship, of the age of twenty-one 3' ears and upwards, 
who has not been convicted of any inl'amous 
crime or offense, and excepting ])er.ions who may 
have voluntarily given aid and comfort to the 
rebels in the late rebellion, ami who shall have 
been born or naturalized in the United States, 
and who shall have resided in the said District 
for the period of one year, and three months in 
the ward or election precinct in which he shall 
offer to vote, next preceding any election therein, 
shall be entitled to the elective franchise, and 
shall be deemed an elector and entitled to vote 
at any election in said District, without any dis- 
tinction on account of color or race. 

Sec. 2. That any person whose duty it shall 
be to receive votes at any election within the 
District of Columbia, who shall wilfully refuse 
to receive, or who shall wilfully reject, the vote 
of any person entitled to such right under this 
act, shall be liable to an action of tort by the 
person injured, and shall be liable, on indictment 
and conviction, if such act was done knowingly, 
to a fine not exceeding five thousand dollars, or to 
imprisonment for a term not exceeding one year, 
in the jail of said District, or to both. 

Sec. 3. That if any person or persons shall 
wilfully interrupt or disturb any such elector in 
the exercise of such franchise, he or they shall 
be deemed guilty of a misdemeanor, and, on 
conviction thereof, shall be fined in any sum 
not to exceed one thousand dollars, or be im- 
prisoned in the jail in said District for a period 
not to exceed thirty days, or both, at the discre- 
tion of the court. 

Sec. 4. That it shall be the duty of tlie several 
courts having criminal jurisdiction in said Dis- 
trict to give this act in special charge to tlie 
grand jury at the commencement ('f each term 
of the court next preceding the holding of any 
general or city election in said Distncc. 

Sec. 5. That the maj'ors and aldermen of the 
cities of Washington and Georgetown, respect- 
ively, on or before the first day of March in 
each year, shall prepare a list of the persons 
they judge to be qualified to vote in the several 
wards of said cities in any election ; and said 
mayors and aldermen shall be in open session 
to receive evidence of the qualification of per- 
sons claiming the right to vote in an}'' election 
therein, and for correcting said list, on two days 
in each year, not exceeding five days prior to 
the annual election for the choice of city offii;ers, 
giving previous notice of the time and place of 
each session in son.e newspaper printed in smid 
District. 

Sec 6. That on or before the first day of M?, rch 
the mayors and aldermen of said cities shall post 
up a list of voters thus prepared in one or more 
public places in said cities, respectivelj-, at least 
ten days prior to said annual election. 

Sec. 7. That the officers presiding at any elec- 
tion shall keep and use the checklist herein 
required at the polls during the election of all 
officers, and no vote shall be received unless 
delivered by the voter in person, and not until 
the presiding officer has had opportunity to bft 
satisfied of liis identity, and shall find his name 
on the list, and mark it, and ascertain that hiti 
vote is single. 

Sec. 8. That it is hereby declared unlawful 



160 



POLITICAL MANUAL 



for any person, directly or indirectl}', to promise, 
offer, or give, or proem e or cause to be promised, 
offered, or given, any money, goods, right in 
action, bribe, present, or reward, or any promise, 
understanding, obligation, or secv.rity for the 
payment or delivery of any money, goods, right 
in action, bribe, present, or reward, or au)' other 
valuable thing wliatever, to any person, with 
intent to iniluence his vote to be given at any 
election hereafter to be held within the District 
of Columbia ; and everj' person po offending 
Bhall, on conviction thereof, be fined in any sum 
not exceeding two thousand dollars, or im- 
prisoned not exceeding two years, or both, at 
the discretion of the court. 

Sec. 9. That any person who shall accept, 
directly or indirectly, any money, goods, right 
in action, bribe, present, or reward, or any 
promise, understanding, obligation, or security 
for the payment or delivery of any money, 
goods, riglit in action, bribe, present, or reward, 
or any other valuable thing whatever, to influ- 
ence his vote at any election hereafter to be held 
in the District of Columbia, shall, on conviction, 
be imprisoned not less than one year and be for- 
ever disiranehised. 

Sec. 10. That all acts and parts of acts incon- 
sistent with this act be, and the same are hereby, 
repealed. 

The votes on this bill were : 

1866, December 14 — The Senate passed it — 
yeas 32, nays 13, as follow : 

Yeas— Messrs. Anthony, Brown, Cattell, Chandler, Con- 
Dcss, Crowcli, Eiluumils, Fes^^entlcn, t'ogg, B'relinghii.vson, 
Grinips. Iliiiiis.lIfiiderKon, llowiml, Howe. Kii kwoiul.Line, 
Morgiin. Morrill, Poland, Poineroy, tliirnsey, lloss, .Sliermiin, 
Spr;ip:ue, Stew^irt, Sutuuer, Trumljull, AVade, "Willey, Wil- 
liams, Wi soil — :i>. 

N\Ys — M.'ssrs nucknhw, Covjan, Divis, Pixon, DoolittJe, 
Foster, flunUnrhs, Kesniil/i, Norton, Patterson, Kiddie, Sauls- 
bury, Viiu Winkle— 1 3. 

1SU6, December 14 — The House passed it — 
yeas 128, nays 46, as follow : 

Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnell, 
Delos It Ashley, .lames M. Ashley, B.iker, IJaldwiii, Banks, 
Barker, I!a\t"r, rieaiiiiin, I'.idwell, Bingham, Bhiine, Blow, 
Boulwell, Orandegee. Broinvvell,Broomall,Bnckland,Biiudy, 
Reader \V. Clar .e, Sidney Clarke, Colili. Coiikliug, Cuoii, 
Culver, D.iW(-s, Deiiees. Delatio, Deming, Dixon. Dmige, Don- 
nelly, Driggs, Jickley, Eggleston, Eliot, Isirnsworth, Ferry, 
Qartield, Giinnell, Griswold, Hale, Aliiier C. Harding, Hart, 
Hawkins, Haves, Henderson, Highy, Hill, Holmes, Hooper, 
Hotrhkiss, Denias Iln1)bard, jr., John H. Hubbard, James 
R. Hubbell, llulburd, Ingersoll, Jenckes, Julian, ivasson, 
Kelloy. Kelso, Ket ham, Koontz, Laflin, George V.Lawrenee, 
William Li«reiice. Loan, Longyear. lAnch, Marston, Mar- 
vin, Maynard. McOlurg, M<'Ind'oe, McRner, Mercur, Miller, 
M oiliead, Morrill, Morris, Moultoii, .Myers, Newell, O'.Neill, 
Ortli, I'aine, Patterson, Perham, Pike, Pomer.iy, Price, Ray- 
mond. Alexander H Rice, Jclin H. Rice, Poihns, Saw.ver, 
Schenck, -cofieUI. Siiell.iharger, SI lan, Spalding, i^tarr, Ste- 
vens, ."^tokes, Thayer, Francis T horiiiis, Trowbridge, Ujjson, 
Van Aeruian. Bun. Van Horn, Robert T. Van Horn, Hamilton 
VTiirii, Warner. Ellihu H. \Wishburne, William B Wash- 
turn, Welker, Wiiitworlh. Williams, James F. Wilson, Ste- 
phen F. Wilson, Windom, Woodbridgo, and Speaker Colfax 
—128. 

Nays — Messrs. Ancona, Bergen, Bnyer, Campbell, Clian- 
7er, Co'iper, Dawmn, Denisnn, Eldridg", Finclc, Glnsshre.nner, 
Gnndyeir, Aaron Ilardinq, Harris, Nine, lioqan. Chester 
D. Hubbard, Eiiwin A. JluhUell, //«/! er, A"er)',lvuykendall, 
Lath mi, Lrlilnnl, Ufliuirh, Marshall, McKee, NiUach: 
Nid,',h:,n, Nn-ll, phelp.^, Samnd J. Handall. William H. 
Randall, Rilte.r, ItriQers, lloss, Rousseau, Shankiin, Sit- 
prearc*. .Slilhvell, .S'Ov)«,c. Ta'ier. JVdtluinid O. Taylor, JVu- 
ton Taylor, T.'iorninn, Andrew II. Ward, Whaley — 10. 

18U7, January 7 — The bill was vetoed. 

Same day, the Senate passed it, ncTlvvithstand- 
ing the President's objections, by a two-thirds 
vote — ^yeas 2!.), nays 10, as follow : 



Yeas— Messrs. Antlinny. Cattell. Chandler, Cntmess, Cr» 
gin, Creswell. Edmvinds, i-'rssenden, Fogg, Fowler. Freling- 
huysen, Grimes, Henderson, How.ird, Howe, Kirkwood, 
Lane, Morgan, Monill, I'olaiid, UamsKy, Boss, Sherman, 
Stewart, Sumner, Trumbull. Wade. Will, y, Williams— 29. 

Nays— Messrs. Oiican, IHxon. DikiUHIj'.'i ester, ILndricks, 
Johnsim, Nesmitli, Aortmi, J'atif.rxun, Van Winkle — 10. 

January 8 — The House passed it — yeas 113, 
nays 38, as follow : 

Yeas — Messrs. Alley, Allison, Ames, Arnell, DelosR. Ash- 
ley, James .M. Ashley, Baker, Haldwin, Banks, Barkei-. Bax- 
ter, Beaman, Benjamin, Bidwell, liingham, Blaine, Boutwell, 
Brandegee, Bromwell, Broomall, Buckland, Bundv, Reader 
>v . Clarke, Sidney Clarke, Colib, Cocdv, Culloni, ( ii'lver, Dar- 
ling. Daw e.s, Del ree-*, Delano, Deming, Dixon, Dodge. Don- 
nelly, Driggs, Kcldey, Eguleston, Farnsworth, F:r(|Uhar, 
Ferry, Garliild, C.rinnell, Aimer C. Harding, Hart, Hawkins, 
Hayes, Henderson, Higby. Hill, Holmes, Hooper, .bilin U. 
Ilubbai-d, Jiniis R. Hubbell, Ingeisoll, JeDiJves, Julian, Kas- 
Ron, Kelley, KiI.no, Ketcluim, Koontz, Giorge V. Lawrence, 
\\ ildaiii LawreMce,Loaii, Longyear, Lynch, Mavston, M.irvin, 
Mavnard, Mcl^lunr, JIcRiier, Alercur, Miller, Morril', Moul- 
toii, Myers, Newell O'Neill, Orth, Paine, Patterson. Perham, 
Pike, I'lants, Price,- Itaymond, Alexander H. Rice, John II. 
Rue, Sawyer, Schenck. Scofield, .Spalding, Starr, Stokes, 
Thayer, Francis The mas. Jcdiu L. Thomas, jr., Trowl ridge, 
L'pson, Van Aermun, Burt Van Horn, Hamilton Ward. War- 
ner, Ellihu IS. Washbiirne, Welker, Wentwortli, Williams, 
James F Wilson, Stephen F. Wilson, Windom, and Speaker 
Colfax— IK! . 

Nays — Messrs. Ancona, llergeri, Campbell, Clianlrr. Cooper, 
Dnoson, Eldridr/e, Find:, Glo.^nhrrnnir, Aamn Harding, 
Hisf, Hugan. CIiesterD. Hubbard, ILintplnni. Htmlrr. Kerr, 
Kuykendall. Latham, Lrflwich, Mc< ullouf//', Adilrck, i\icli- 
olcon. iVoi'll, Vl>o\\)ii,liadford, Samuel J. Jiandu 11, Wii\i:\m II. 
Randall, Hitler, Hrgcrs, Hriss, SUanklin, SIrcuise, Ta'.e); Na- 
thaniel G. Taylor, Kelson Taylor, Trimble, Andrew II. Ward, 
Winjie.ld—18. 

Whereupon the Speaker of the House de- 
clared the bill a law. 



Veto of tho Colorado Bill, January 29, 1867. 

To the Senate of the United States : 

I return to the Senate, in which Ilonsc h 
originated, a bill entitled " An act to admit the 
State of Colorado into the Union," to which I 
cannot, consistently with my sense of duty, give 
my approval. With the exception of an addi- 
tional section, containing new provisions, it is 
substantially the same as the bill of a similar 
title passed by Congress during the last session, 
submitted to the President for his ap[)roval, 
returned with the objections contained in a mes- 
sage bearing date the 15th of May last, and yet 
awaiting the reconsideration of the Senate. 

A second bill, having in view the same pur- 
pose, has now passed both Houses of Congress, 
and been presented for mj' signature. Having 
again careful!}'' considered the suliject, I have 
been unable to perceive any reason forclianging 
the opinions which have already been com- 
municated to Congress. I find, on the contrary, 
that tliere are many olijections to the proposed 
legislation, of which I was not at tliat time 
aware ; and that while several of those which I 
then assigned have, in the interval, gained in 
strength, yet others have been created by the 
altered character of the measure now submitted. 

The constitution under which this State gov 
eminent is proposed to be formed very properly 
contains a provision that ail laws in force at the 
time of its adoption, and the admission of the 
State into the Union, shall continue as if the 
constitution had not been adopted. Among 
those laws is one absolutely prohibiting negroes 
and mulattocs frcm voting. At the recent session 
of the Territorial Legislature a bill for the repeal 
of thi" Ictw, introduced into the council, wa^ 



PRESIDENT JOHNSON S MESSAGES. 



IGl 



almost unanimously rejected ; and at the very- 
lime when Congress was engaged in enacting 
tlio bill now under consideration, the Legislature 
]ias?ed an act excluding negroes and mulattoes 
Irom the right to sit as jurors. This bill was 
vetoed by the Governor of the Territory, who 
held that by the laws of the United States 
negroes and mulattoes are citizens, and subject 
to tlie duties, as well as entith d to the rights of 
ciiizenship. The bill, however, was passed, the 
oi.'jections of the Governor to the contrary not- 
v.itlistanding, and is now a law of the Territory. 
Yet in the bill now before me, by which it is 
jircposed to admit the Territory as a State, it is 
j.mvided that " there shall be no denial of the 
elective franchise, or any other rights, to any 
jierson, by reason of race or color, excepting 
Indians not taxed." 

The incongruity thus exhibited between the 
legislation of Congress and that of the Terri- 
tory, taken in connection with the protest 
against the admission of the State hereinafter 
referred to, would seem clearly to indicate the 
impolicy and injustice of the proposed enact- 
ment. 

It might indeed be a subject of grave inquiry, 
and doubtless will result in such inquiry if this 
bill become a law, whether it does not attempt 
to exercise a power not conferred upon Congress 
by the Federal Constitution. That instrument 
simply declares that Congress maj' admit new 
States into the Union. It nowhere says that 
Congress may make new States for the purpose 
of admitting them into the Union, or for any 
other purpose; and yet this bill is as clear an 
attempt to make the institutions as any in 
wliich the people themselves could engage. 

In view of this action of Congress, the House 
of Representatives of the Territory have earn- 
estly protested against being forced into the 
Union without first having the question sub- 
mitted to the people. Nothing could be more 
reasonable than the position which they thus 
assume; and it certainly cannot be the purpose 
of Congress to force upon a community, against 
their will, a government which they do not 
believe themselves capable of sustaining. 

The following is a copy of the protest alluded 
to, as officially transmitted to me : 

" AVhereas it is announced in tlie jniblic prints that it is 
till! intention of Congress to admit Colorado us a State into 
tlie Union: Therefore. 

"Resolved by the House of Representativfs of this Territory, 
Tliat, reprt'seiitingas we do tlie last and only legal expres- 
sion of public opinion on this quesficm, we earnestly protest 
rsrainst the passage of a law admitting the State, without 
tirst having the question submitted to a \ote of tlie people, 
for the reasons, first, that we liave a right to a voice in the 
selection of the character of our government; second, that 
we have not a sufficient population to support the expenses 
r.f a State government. For these reasons we trust Con- 
gress will not force upon us a government against our will." 

Upon information which I considered reliable, 
I assumed in my message of the 15th of May 
last that the population of Colorado was not 
more tlian thirty thousand, and expressed the 
opinion that this number was entirely too smull 
either to assume the responsibilities or to enjoy 
the privileges of a State. 

It appears that previous to that time the 

Legislature, with a view to ascertain the exact 

condition of the Territory, had passed a law 

authorizing a census of the population to be 

11 



taken. The law made it the duty of the asses- 
sors in the several counties to take the census 
in connection with the annual assessments, and, 
in order to secure a correct enumeration of the 
population, allowed them a liberal compensatioa 
for the service by paying them for every name 
returned, and added to their [irevious oath of 
ofiice an oath to perform this duty with fidelity. 

From the accompanying dtficia! report it ap- 
pears that return.^ have been received from 
fifteen of the eighteen coutitie^ into which the 
State is divided, and that their [lOpulation 
amounts in the aggregate to twcnty-i'our thou- 
sand nine hundred and nine. Tiie three remain- 
ing counties are estimated to contain three 
thousand, making a total population of twenty- 
seven thousand nine hundred and nine, (27,909.) 

This census was taken in the summer season, 
when it is claimed that the population is much 
larger than at any other period, as in the 
autumn miners, in large numbers, leave their 
work and return to th.e East, with the results of 
their summer enterprise. 

The population, it will be observed, is but 
slightly in excess of one-fifth of the number 
required as the basis of representation for a sin- 
gle congressional district in any of the States, 
that number being one hundred and twenty- 
seven thousand. 

I am unable to perceive any good reason for 
such great disparity in the right of representa- 
tion, giving, as it would, to the people of Col- 
orado, not only this vast advantage in the 
House of Representatives, but an equality in 
the Senate, where the other States are repre- 
sented by millions. With perhaps a single ex- 
ception, no such inequali'y as this lias ever be- 
fore been attempted. I know that it is claimed 
that the population of the different States at the 
time of their admission has varied at different 
periods, but it has not varied much more than 
the population of each decade and the corres- 
ponding basis of representation for the different 
periods. 

The obvious intent of the Constitution was, 
that no State should be admitted with a less 
population than the ratio for a Representative at 
the time of application. The limitation in the 
second section of the first article of the Consti- 
tution, declaring that " each State shall have at 
least one Representative," was manifestly de- 
signed to protect the States wdiich originally 
composed the Union from being deprived, in 
the event of a waning population, of a voice iu 
the popular branch of Congress, and was never 
intended as a warrant to force a new State into 
the Union with a representative population far 
below that which might at the time be required 
of sister members of the Confederacy. This bill, 
in view of the prohibition of the same section, 
which declares that " the number of Representa- 
tives shall not exceed one for every thirty thou- 
san.l," is at least a violation of the spirit, if not 
the letter of the Constitution. 

It is respectfully submitted that hov/ever Con- 
gress, under the piressure of circumstances, may 
have admitted two or three States with less than 
a representative population at the time, there 
has beun no instance in which an ap[dication 
for admission has even been entertained wheu 



162 



POLITICAL MANUAL. 



the population, as officially ascertained, was be- 
low thirty thousivud. ■ ■ ' 

Were there any doulit of this being the true 
construction of theConPlitution, it would be dis- 
pelled by the early a'ftd long-continued practice 
of the Federal Government. For nearly sixty 
years after the adoption of the Constitution no 
State was admitted with a population believed 
at the time to be less than the current ratio for 
n, Eepresentative, and the first instance in which 
there appears to have been a departure from the 
jirinciple was in 1845, in the case of Florida. 
Obviously the result of sectional strife, we would 
do well to- regard it as a warning of evil rather 
tlian as an' e.Kample for imitation, and I tliink 
candid men "of all parties will agree that the in- 
spiring cause of the violation of this wholesome 
principle' of irestraint is to be"fouTid in a vain 
atternptto balarlce' those antagonisms which re- 
fused to be reconciled except through the bloody 
arbitrament of arms. The pl;iin' facts of our his- 
tory will attest that tlie great and leading States 
admitted since 1845, viz., Iowa, Wisconsin, Cali- 
fornia, ^Ii;inesota, and Kansas, including Texas, 
which was admitted that year, have all come 
with an ample pbpulation for one Representative, 
arid some of them with nearly or ^uite enough 
for two. 

To demonstrate the correctness of my views 
on this question, I subjoin a table containing a 
list of tlie States admitted since the adoption of 
the Federal Constitution, with the date of ad- 
mission, the ratio ol' representation, and the rep- 
resentative -[lopulation when admitted, deduced 
from the United States census tables, the calcula- 
tion being made for the period of the decade cor- 
respDnding with the date of admission: 

states. Admitted. Ratio. Popiilaiirm. 

Vermont 1791 33,000 92,320 

Koiituckv 1792 33,000 95,038 

'IVuuesBee 1798 33,000 73.864 

Oliio.... ISOJ 3.3,000 82,143 

Lciuisihna.: 1812 35,000 75,212 

Judiana 1816 35.000 98,tO 

MJ.-sisi=ippi 1817 35,000 63,077 

Ilijnc.i.s 1818 35,000 40,374 

A;:;baina 1S!9 35,000 111, 50 

Maine 1820 3.5,000 298,335 

Mj,-80uri 1821 35.000 69,200 

Arkansas- 1836 47,700 65,175 

Mkliigan 1837 47,700 158 072 

Florida 1845 70,680 57.951 

Texas 1845 70,680 *18J,327 

Iowa '. 1846 "70,686 132,572 

VVistousiii 1S48 70,6S0 C50.497 

CalifoniSii 1S50 70,680 92 597 

Oregon 1858 93,492 44,030 

MinnfKota 1858 93,492 138,909 

Kan.s.is 1861 93,492 107,200 

WcBt Virginia 1862 93,492 319,628 

Nevada ISCl 127,ObO Not known. 

Colorado, which it is now proposed to admit 
as a State, contains, as has already been stated, 
a population less than twenty-eight thousand, 
while the present ratio of representation is one 
hundred and twenty-seven thousand. 

There can be no reason, that I cnn perceive, 
for the admission of Colorado that would not 
appljf with equal force to nearly every other 
Territory now organized ; and I submit whether, 
if this liill become a law, it will be possible to 
resist the logical conclusion that such Territo- 
ries as Dakota, Montana, and Idaho, must be 
received as States whenever they present them- 

• In l8:o. 



selves, without regard to the number of inhabi- 
tants the}' may respectively contain. Fight or 
ten new Senators, and four or five new mem- 
bers of the House of Representatives would thus 
be admitted to represent a jiopulation scarcely 
exceeding that which, in any other portion of 
the nation, is entitled to but a single member of 
the House of Representatives, wliiiethe average 
for two Senators in the Union, as now consti- 
tuted, is at least one million of people. It would 
surely be unjust to all other sections of tlie Union 
to enter upon a policy with rc,i^ard to admission 
of new States which might result in conferring 
such a di^])roportionate share of influence in the 
national Lefiislatureuponcoiniiiunities which, jn 
pursuance of the wise policj- of our fathers, 
should for some years to come be retained un- 
der the iostering care and protection of the na- 
tional Government. If it is deemed just and 
expedient now to depart from the settled policy 
of the nation during all its history, and to admit 
all the Territories to the rights and privilegesof 
States, irrespective of their population or fitness 
for such government, it is submitted whether it 
would not be well to devise such measures as 
will bring the subject before the country for con- 
sideration and decision. This Avould seem to 
be evidently wise, because, as has already been 
stated, if it is right to admit Colorado now, there 
is no reason for the exclusion of the other Ter- 
ritories. 

It is no answer to these suggestions that an 
enabling act was passed authorizing the people 
of Colorado to take action on this subject. It is 
well known tiiat that act was passed in conse- 
quence of representations that the population 
reached, according to some statements, as high as 
eighty thousand, and to none less than fifty thou-, 
sand, and was growing with a rapidity which by 
the time the admission could be consummated 
would secure a jiopulation of over a hundred 
tliousand. These representations prove to have 
been wholly fallacious, and in addition, the peo- 
ple of the Territory, by adeliberate vote, decided 
that they would not assume the responsibilities 
of a State government. B}' that decision they 
utterly exhausted all power that was conferred 
by the enabling act, and there has been no step 
taken since in relation to the admission that has 
had the slightest sanction or warrant ot law. 

The proceeding upon which the present appli- 
cation is based was in the utter absence of all 
law in relation to it, and there is no evidence 
that the votes on the question of the formation 
of a State government bear any relation what- 
ever to the sentiment of the Territory. The pro- 
test of the House of Representatives, previously 
quoted, is conclusive evidence to the contrary. 

But if none of these reasons existed against 
this proposed enactment, the bill itself, besides 
being inconsistent in its provisions in conferring 
power upon a person unknown to the laws, and 
who may never have a legal existence, is so 
framed as to render its execution almost impos- 
sible. It is, indeed, a question whether it is not 
in ilself a nullity. To say the least, it is of 
exceedingly doubtful propriety to coafsr the 
power proposed in the bill upon *be " Gcvernor 
elect;" for, as by its own terms the «i^i?stitut.;on 
is not to take eflect until after >A\« aOuni'SiOi of 



Pr.ESIDEXT JOHNSON S MESSAGES. 



163 



the iStflte, lie, in the mean time, has no more 
diithorily than any odier piivnte citizen. But, 
tfven supposing hnn to Lie i.-loiiie<] witii sufficient 
authoriiy to convene the LcL'.islature, what con- 
6titL^te^^ the " State Legislature," to which is to be 
referred the question ol' submission to the con- 
ditions imposed by Congress? Is it a new body, 
to be elected and convened by pi-oclamation of 
tlie "Governor elect," or is it that body which 
met more than a year ago, under the provisions 
of the State conslituiion ? By reference to the 
second section of the schedule, and to the eigh- 
teenth section of the fourth article of the State 
constitution, it will be seen that the term of 
the members of the House of Representatives, 
and that of one-half of the members of the Sen 
ate, expired on the first Monday of the present 
month. It is clear that if lliere were no intrin- 
sic objections to the bill itself in relation to the 
purposes to be accomplished, this objection would 
tie fatal ; as it is apparent that the provisions of 
the third section of the bill to admit Colorado 
Ijave reference to a period and a state of facts 
entirel}' different from the present, and afi'airs as 
tliey now exist, and, if carried into effect, must 
ueciissarily lead to confusion. 

Even if it were settled that the old and not a 
iievv bodjr were to act, it would be found imprac- 
ticable to execute the law, because a consider- 
alile number of tiie members, as I am informed, 
Lave ceased to be residents of the Territory, and 
ill tlie sixty days within which the Legislature is 
to be convened after the passage of the act there 
\vould not be sufiScient time to till tlie vacancies 
by new elections, were there any authority under 
which they could be held. It may not be im- 
proper to add that if these proceedings were all 
legiihir, and the result to be attained were de- 
sirable, simple justice to the people of the Ter- 
ritorj' would require a longer period than sixtj'- 
days within which to obtain action on the con- 
<liiions proposed b}' the third section of the bill. 
Tbere are, as is well known, large portions of 
the Territory with which there is and can be 
no general communication, there being several 
counties which, from November to Alay, can 
only be reached by persons travelling on foot, 
v.'liile with other regions of the Territory, occu- 
pied by a large portion of the population, there 
is very little ruore freedom of access. Thus, if 
[his bill should become a law, it would be im- 
jiracticable to obtain any expression of public 
sentiment in reference to its provisions, with a 
view to enlighten the Legislature, if the old body 
Were called together ; and, of course, equally 
unpraccicable to procure the election of a new 
bo^ly. This defect might have been remedied by 
an extension of the time, and a submission of tlie 
question to the people, with a fair ofiportunity to 
enaljle them to express their sentiments. 

The admission of a new State has generall}' 
been regarded as an ep<ich in our history, mark- 
ing the onward progress of the nation ; but, 
after the most careful and anxious inquiry on 
the subject, I cannot perceive that the proposed 
proceeding is in conformity with the policj'- which, 
from the origin of the Government, has uniformly 
prevailed in the admission of new States. I 
therefore return the bill to the Senate without 
my signature. ANDRE\y Johnsos. 

V/asuington, January 28, 1S67. 



Copy of thi^ Bill Vetoed. 

Ak Act to admit tlie State irf Colorado into the 
Union. 

Vv'hereas, on the twenty-tirst day of March, 
anno Domini eighteen hundred and sixty-four. 
Congress passed an act to enable the people of 
Colorado to form a constitution and State Gov- 
ernment, and offered to admit said State .when 
so formed, into the Union upon compliance with 
certain conditions therein specified; and where- 
as it appears by message of the President of the 
United States, dated January , eighteen hun- 
dred and sixty-six, that the said people have 
adopted a constitution, which, upon due exam- 
ination, is found to conform to the provisions 
and comply with the conditions of said act, and 
to be republican in its form of government, and 
that they now ask for admission into the Union : 

Be it enacted by the Senate and House of Rep- 
re$entatives of the United States of America in 
Congre&s assembled, That the constitution and 
State government which the people of Colorado 
h:ive formed for themselves he, and the same is 
hereby, accepted, ratified, and confirmed; and 
that the said State of Colorado shall be, and 
hereby is declared to be, one of the United States 
of America, and is hereby admitted into the 
Union upon an equal footing with the original 
States in all res[iects whatsoever. 

Sfc. 2. And be it j'vrlher enacted, That the 
said State of Colorado shall be, and is hereby de- 
clared to be, entitled to nil the rights, privileges, 
prants, and immunities, and to be subject to all 
tlie conditions and restrictions, of an act entitled 
"An act to enable the peo[ileof Colorado to form 
a constitution and State government, and for the 
admission of such State into the Union on an 
equal footing with the original States," approved 
March twenty-first, eighteen hundred and sixty- 
four. 

Sec. 3. Andbeit further enacted, That this act 
shall not take efTect except upon the fundamental 
condition that within tlie State of Colorado there 
shall be no denial of the elective .franchise, or 
any other rights, to any person bj^ reason of race 
or color, excepting Indians not taxed ; and upon 
the further fundamental condition that the Legis- 
lature elected under said State constitution, by a 
solemn public act, shall dechue the assent of 
said State to the said fun^lame-ital condition, and 
shall transmit to the President of the United 
States an authentic copy of said act; upon re- 
ceipt whereof the President, by proclamation, 
shall forthwith announce the fact, whereupon 
said fundamental condition shall be held as a 
part of the organic law of the State ; and there- 
upon, and without any further proceeding on 
the part of Congress, the admission of said State 
into the Union shall be considered as complete. 
Said State Legislature shall be convened by the 
Cxovernor elect of said State within sixty days 
after the passage of this act, to act upon the 
condition submitted herein. 

The votes on this bill were: 

1867, January 9— The bill passed the Senate, 
yeas 23, nays 11, with the third section in these 
words : 

That tliis act Bhnll tiikfi effect with the fundamental and 
pcrpotu.il coiiditidti thiit within s;iid State of Colorado there 
shall be no abi i.l-ment or denial of the exercise of the 
elective franchi.-e, or of any other right, to any person hy 
reason of race or color, (excepting Indians not taxed.) 



1G4 



POLITICAL MANUAL. 



Yeas — Messrs. Antliony.Ca' tell. niaiullor, Con np9fi,Criigin, 
Creswell, Ediiiumls, Fowler, Heiuliison, Hov/^rd, Kirkuood, 
Lane, Mirrill. I'oliiiid, Ri\iiim:v, Koss. Slieiiiiaii, Sluwiirt, 
Siini.icr, Villi Winkle, Wade, W"ille.v, Williams— '23. 

Navs — Slessrs. BuclcaJew, Donliltle. Foster, Grimes, Hi-n- 
dricls. JoJmson, Morgan, Ifesmitli, JS'orton, Patterson, JUd- 
dle—n. 

Jiiiuiary 16— The Senate agreed to the bill 
wiili the third section a.s it stands — yeas 27, 
nays 12, as follows : 

Ye.a-j — Messrs. Antliony, Catfell. Cliandler. Conncss, Cra- 
piii, Kesseiiden, Fowler, Freliii'j;liMvscii, (Jriines, Harris, 
IKiideraoi), Howard, KirUwnul, liane, Monill, Pid:iiid, 
r.aiii-ev, Sliermaii, Spragiie, Stewart. Sumner, Van Winkle, 
^^ ade.'Willey, Williams. Wilson, Yates— 'JI. 

N\YS — Messrs. Buclcaleiv, Dixr,n, Donlitth, Edmunds, Fos- 
ter, Iliinlriclcs, Johnson, Nesmith, Norton, Patterson, Riddle, 
Saulsliury — 12. 

In House. 
1807, January 15 — The bill passed — yeas 90, 
nays 60, as follow : 

Yr.As — Messrs. Alloy, Allison, Ames, Anderson, Delos U. 
Ashley, .lames M. Ashley, lialdwin. lianks, liaxter, Benja- 
liiiii. Hdiitwell, Brandegfe, Bronnvell, Brnoiiiall, BiinUv, 
Iteader W. Clarke, Cohb. Cook, CnPom. Culver, Dawes, De- 
lano, Deniing, Di.\on, Dodge, Dunmlly, Driirfrs, E( kley, 
K iot, Faniuhar, Ferry, Gartield, lirinnell. ttrisw(dd, Ilen- 
fler.MjM. Ilighv, ilill, Holmes, Hooper, Demas Huldiard. jr., 
.lohn H. Ilub'hard, .7. K. llnbhell, Ingersnll.Jenckes, Juli'in, 
Kelley. Koontz, Georse V. Lawvence, Loni^year, Mar.ston, 
."il.u vin. VlcClurg, Mcliid )e, Mclliier, .Mercnr, Miller, Moor- 
head, Morris, Moulton, Newell, O'Xeill, Ortli, Paine, Per- 
'.I nil. Plants, Price, Ahxaiider II. Riec, John H. liice, 
r. •ilins. Sawyer, Schenck. Shellabarger, Spaldinir, Stokes, 
'lliaycr. Francis Thomas, .John L. Thomas, jr , Trowbridjte, 
I'psoii. Van Aernam, Burt Van Horn, Warner, Henry D. 
\.a>lil>\irn, William B. Waslil)urn, Welker, Wentworth, Wil- 
li. iins. .lames F. WiLson, Stephen F. Wilson, AVindom — 90. 

.Nay- — Messrs. ^ncoJiu, Baker, B/rgi]n, Bingham, Blaine, 
B't;/ir. Biiekland, Campbell, Cooper, Davi,s. Detrees, Deni^on. 
E ilrii ijc, Finck, GlosshrentKr, Gnndyrar, Hale, Aaron IJiird- 
ii 1). .\l,iicr C. Harding, Hart, Hawkins, ITise, Hor/an, Chester 
D. llnl.bard, K/w;'n iV. HuhluM, Hinnplircy, Hiinter. Ji'lm- 
fiii, Kflso, Kerr, Kuykendall, Lalbam, Le Blond, Lefliiiich, 
I.ynih. M.jTshall, Maynard, .M< Kee, Morrill. Nihlack, JSich- 
ul on. Pike, Radford, Samud J. Randall, Raymond, Bitter, 
J'.;/ers. Ross, Shanklin, Silijre.<ves. Slillwell, Strmise, Tahcr, 
j\'' oil III' I 6. Taylor, Nehnn Taylor, Thnrnlon, Andrew II. 
Ward, Hamilton Ward, Ellihu B. Washburue, Wlialey— tO. 

Tiie vote on substituting the third section as 
it stands for that of the Senate, taken previously 
to ihe above vote, was yeas 81, nays 65, being 
substantially the same as on the Nebraska bill, 
below. 

.Tiinuary 29 — The bill was vetoed, and no votes 
were subsequently taken on it. 

V3to of the Nebraska Bill, January SO, 1867. 

T" the Senate of the United States: 

1 return, for reconsideration, a bill entitled 
" An act for the admission of the State of Ne- 
braska into the Union," whicli originated in 
iiie Senate, and has received the assent of both 
ilotises of Congress. A bill having in view the 
r:uiie object was presented for my approval a 
few iiours prior to the adjournment of the last 
se-sion ; but, submitted at a time when there 
wa.s no opportunity for a proper consideration 
\)l' die subject, I withheld my signature, and the 
iiii^asure failed to become a law. 

It a[ipears, by the preamble of this bill, that 
t'n; ]ico[ile of Nebraska, availing themselves of 
lue authority conferred upon them by the act 
pas.sod on the 19th day of A[ii il, LS()4, " have 
adopted a constitution which, upon due exam- 
ination, is found to conform to the provisions 
and comply with the conditions of said act, and 
to be republican in its form of government, and 
that lliey now ask for admissicMi into the Union." 
This proposed law would, therefore, seem to 1*3 



based upon the declaration contained in the 
enabling act, that, upon compliance with its 
terms, the people of Nebraska should be admit- 
ted into tlie Union upon an equal footing with 
the original States. Reference to the bill, how- 
ever, shows that v/hile, by the first section, Con- 
gress distinctly accepts, ratifies, and confirms the 
constitution and State government which the 
people of the Territory have formed for them- 
selves, declares Nebraska to be one of the United 
States of America, and admits her into the 
Union upon an equal footing with the original 
States in all respects whatsoever, the third sec- 
tion provides that this measure "shall not take 
effect except upon the fundamental condition 
that within the State of Nebraska there shall bo 
no denial of the elective franchise, or of any 
other right, to any person, by reason of race or 
color, e.xcepting Indians not taxed ; and upon 
the further fundamental condition that the Legis- 
lature of said State, by a solemn public act, shall 
declare tlie assent of said State to the said funda- 
mental condition, and shall transmit to the 
President of tlio United States an autlientic copy 
of said act, upon receipt whereof the President, 
by prochmiation, shall forthwitli announce the 
fact, whereupon saii.l fundamental condition shall 
be held as a part of tlie organic law of the State ; 
and thereupon, and without any further pro- 
ceeding on the part of Congress, the admission 
of said State into the Union shall be considered 
as comjilete." This condition is not mentioned 
in the original enabling act; was not contem- 
plated at the time of its passage ; was not sought 
by tlie people themselves ; has not heretofore 
been applied to the inhabitants of any State 
asking admission, and is in direct conflict with 
the constitution adopted by the people, and 
declared in the preamble "to be republican in 
its form ol government," for in that instrument 
the exercise of the elective franchise, and the 
right to liold office, are expressly limited to 
white citizens of the United States. Congress 
thus undertakes to authorize and compel the 
Legislature to change a constitution wliich it ia 
declared in the preamble has received the sanc- 
tion of the people, and which by this bill is 
" accepted, ratified, and confirmed " by the Con- 
gress of the nation. 

The first and third sections of the bill exhibit 
yet farther incongruity. By the one ^ebraska 
is " admitted into the Union upon an equal 
footing wilii the original States, in all respects 
whatsoever," while by the other Congress de- 
mands, as a condition precedent to her admis- 
sion, requirements which in our history have 
never been asked of any people when present- 
ing a constitution and State government for the 
acceptance of the law-making power. It is ex- 
pressly declared by the third section that the 
bill "shall not take effect except upon the fun- 
damental condition that within the State of Ne- 
braska there shall be no denial of tlie elective 
franchise, or of any other right, to any person, 
by reason of race or color, except Indians not 
taxed." Neither more nor less than the asser- 
tion of the right of Congress to regulate the 
elective franchise of any State hereafter to bfc 
admitted, this condition is in clear violation of 
the Federal Constitution, under the provisions of 



^RESIDE^'T JOnXSON'S MESSAGES. 



IGJ 



VfliicU, from tlie very foundation of the Govern- 
ment, each State has been left free to determine 
for it-self the qualifications necessar}'- for the 
exercise of suffrage witiiin its limits. Without 
precedent in our legislation, it is in marked 
contrast with those limitations which, imposed 
upon States that, from time to time, have be- 
come members of the Union had for their 
(.bject the single pnr[)ose of preventing any 
infringement of the Constitution of the country. 
If Congresa is satisfied that Nebraska, at the 
present time, possesses sufficient population to 
entitle her to full representation in the councils 
of the nation, and that her people desire an 
exchange of a territorial for a State government, 
good iaith would seem to demand that she 
should be admitted without further requirements 
than those expressed in the enabling act, with 
all of which, it is a.sserted in the preamble, her 
inhabitants have complied. Congress may, 
under the Constitution, admit new States or 
reject them, but the peoiile of a State can alone 
make or change their organic law and prescribe 
the qualifications requisite for electors. Con- 
gress, however, in pa.-sing the bill in the shape 
in which it has been submitted for my approval, 
does not merely reject the application of the 
people of Nebraska for present admission as a 
State into the Union, on the ground that the 
constitution which they have submitted restricts 
tlie exercise of the elective franchise to the 
white population, but imposes conditions which, 
if accepted by the Legislature, may, without the 
consent of the people, so change the organic law 
as to make electors of all persons within the 
State, without distinction of race or color. In 
view of this fact, I suggest for the consideration 
of Congress, whether it would not be just, ex- 
pedient, and in accordance with the principles 
of our government, to allow the people, by pop- 
ular vote, or through a convention chosen bj" 
themselves for that purpose, to declare v/liether 
or not they will accept the terms upon which it 
is now proposed to admit them ,into the Union, 
This course will not occasion much greater delay 
than tliat which the bill contemplates when it 
requires that las Legislature shall be convened 
within thirty daj's after this measure shall have 
become a law, for the purpose of considering and 
deciding the conditions which it imposes, and 
gaius additional force when we consider that 
the proceedings attending the formation of the 
State constitution were not in conformity with 
the provisions of the enabling act, that in 
an aggregate vote of seven thousand, seven 
hundred and seventy-six, the majoritj' in 
favor of the constitution did not exceed one 
hundred; and that it is alleged that, in con- 
sequence of frauds, even this result cannot be 
received as a fair expression of the wishes of the 
people. As upon them must fall the burdens of a 
State organization, it is but just that tiiey should 
be permitted to determine for themselves a ques- 
tion which so materially affects their interests. 
Possessing a soil and a climate admirably adapted 
to those industrial pursuits which bring pros 
perity and greatness to a people, with the advan- 
tage of a central position on the great highway 
that will soon connect the Atlantic and Pacific 
Stat<..=;, Nebraska is rapidly gaining in numbers 



and wealth, and m ty within a very brief peiiol 
claim admission on grounds which will chalhMv^e 
and secure universal assent. She can thereloic 
wisely and patienth' afford to wait. Her jioim- 
lation is said to be steadily and even rapidly in- 
creasing, being now generally conceded as hi;j'i 
as forty thousand, and estimated by some, who.-vi 
judgment is entitled to respect, at a still greater 
number. Ather present rate of growth, she will. 
in a very short time, have the requisite popuh'i- 
tion for a Representative in Congress, and, what 
is far more im[)ortant to her own citizens, will 
have realized such an advance in material wealth 
a.s will enable theexpensesof a State government, 
to be borne without oppression to the tax-payei-. 
Of new communities it may be said with special 
ibrce — and it is true of old ones — that the induce- 
ment to emigrants, other things being equal, is 
in almost the precise ratio of the rate of taxation. 
The great States of the Northweet owe their mar- 
vellous {irosperily largely to the fact that they 
were continued as Territories until they had 
grown to be wealthy and populous communities. 

Andrew Johnson. 
Washington, January 29, 1867. 

Copy of the Bill Vetoed. 

An Act for the admission of the State of Nebras- 
ka into the Union. 

Whereas, on the twenty-first day of March, 
anno Domini eighteen hundred and sixty-four. 
Congress passed an act to enable the people of 
Nebraska to form a constitution and State gov- 
ernment, and offered to admit said State, when 
so formed, into the Union upon compliance with 
certain conditions therein specified ; and whereas 
it appears that the said people have adojited a 
constitution which, upon due examination, is 
found to conform to the provisions and comply 
with the conditions of said act, and to be repub- 
lican in its form of government, and that they 
now ask for admission into the Union : There- 
fore, 

Be it enacted hy the Senate and House of Rep- 
resentatives of t/ie United States of America in 
Congress assembled. That the constitution and 
State government which the people of Nebraska 
have formed for themselves be, and the same is 
hereby, accepted, ratified, and confirmed, and 
that the said State of Nebraska shall be, and is 
hereby declared to be, one of the United States 
of America, and is hereby admitted into the 
Union upon an equal footing with the original 
States in all respects whatsoever. 

Sl;c, '1. And be it further enacted. That the 
said State of Nebraska shall be, and is hereby 
declared to be, entitled to all the rights, privi- 
leges, grants, and immunities, and to be subject 
to all tlie conditions and restrictions of an act 
entitled " An act to enable the people of Ne- 
braska to form a constitution and State govern- 
ment, and for the admission of such State into 
the Union on an equal footing with the original 
States." 

Sec. 3. And he it further enacted, That this 
act shall not take effect except upon the funda- 
mental condition that within the State of Ne- 
braska there shall be no denial of the elective 
franchise, or of any other right, to any person 
by reason of race or color, except Indians not 



16G 



POLITICAL MANUAL. 



taxed, and upon tlie further funJamerital con- 
dition that the Legislature of said State, hy a 
Holemn public act, shall declare the assent of said 
State to the said fundamental condition, and 
shall transmit to the President of the United 
Stages an authentic copy of said act. Upon re- 
ceipt whereof the President, by proclamation, 
shall forthwith announce the fact,; whereupon 
said fundamental condition shall be held as a 
[■art of the ort^anic law of tlie State ; and there- 
upon, and without any further proceeding on the 
pan of Congress, the admission of said State into 
the Union sliall be considered as complete. Said 
State Legislature shall be convened by the Ter- 
ritorial Governor within thirty days after the 
passage of this act, to act upon the condition 
submitted herein. 

The votes on this bill were: 
1807, January 9 — A bill passed in Senate — 
yeas 21, nays 15, with ihe iliird section in these 
words : 

■'Tlifit tin'-! net shall talte effect with the fvinil:iiiieut:il iuiil 
pc'ipi'tinil loiKlilion that within suiil btiit« of Ncbr.isl<a there 
Khali ho 110 abridgment or (iLuiai of the e.xercidc ol Ihe elect- 
ive fianchise, or of any oilier right, to any person hy reason 
lit" race or color, excepting Indians not taxed." 

Xr.\'< — ilessrs. Antliony, Cat tell. Cliand'.er, Conuess, Cra" 
i-ii! Creswell, Edmunds. Kogcr, I'' wlir, Henderson, llowaid, 
Ivii kwood, Lane, Morrill, Pohiiid, Kaniscy, Ross. 8hei ni:'.n, 
Stewart, Sumner, Van Winld". Wad-, U ill.'V, Williams— '.U. 

Xays— Messrs. Bucladrw, Owan, f)ixmi, limlittli'. Foster. 
' I iniiit, Hend)-irl:s, Huki^. Jolint,oii, Morgan, JVcsmii/i, Aoc- 
^')n. i'ul'erson, Riddlt, S.uil.tliury — 15. 

Jnnuary 16— The Senate agreed to the third 
section as it stands — yeas 28, nays 14, as fol- 
low : 

Yeas — Messrs. Anthony, Cattell, Chandler, Conness, Cra- 
)i'\ I, 1 ('sseiideii, Fo'.'g, lowler, I'rclinghny.sen, Grimes. Uen- 
ih-r.-iO'i, Ilowrird. Kirkv/oo'l, haiie. Mor;;au. Morrill, Poland, 
ll.-\nisev. Sherman. S;ira^ne, Stewart, Suniior, Van Winkle, 
Wado, Willey, William.s, V.il.son, Vates— -JS. 

Nay.'j — Jles^rs. LzicLal. m, Cnwan. Dixtm, PooliftJc, YA- 
munds. Foster, Harris, llcwlriclc^, JoJinson, JVcsmilh, jyor- 
f'.w. I'aiiers'm, ICCUdle.. ^Miuhbaiij — 1-1. 

Ik lIot^SF.. 
.January 10 — The third section, as it stands, 
was substituted for that adopted above by the 
Senate — yeas 88, nays 70, as follow : 

Yi:a.s — Messrs. AUev, Allison, .Ames, Anderson, James M. 
Ashley, Baldwin, Banks, Ba.xier, Blaine, Boutwell. Brande- 
gee, Broomall. Cobb, Cook, Cullom, Culver, Dawes, Deiiiing, 
Ui.xon, Dodgi!, Donnelly, Drigivs, Kckloy, Klint, Foiry, Gar- 
field, Grinni'il, (iriswold. Mart, ni;;by. Uolmes, Hooper- 
Dcmas Hubbard, jr., .John II. Ilubbaid, Inger.soll, .leiiekes, 
Julian, Kelley Kelso, Ketcham, Uoontz, Ku\ kendall, Loan, 
LoMcyear, Lynch, Jlarston, Marvin, Mayn.ird, McClurg. 
Jlclndoe, Mcltucr, Mcrcur. Moorhead. >hriil', Morris. 
Moulton, Newell. O'Neill, Orth. I'aiiie, I'atterson, Peihani, 
Pike, Price, Ihivinonil, Ale.xandrr II. Uice, .Tolin H. Uice. 
i; lliiis, >'awy.'r, S. Ii-m-k, Scifi Id, Spiidi.ig. Stevens, 
'1 h iver, Trowbi i liT •, U|ison, Vnii A.Tu.iiii, Ihirt Van Horn. 
Iluiiilton Ward. Warner, Llliliu I!. V, asliluirne, William B 
Washburn, Welk.a-. \Vent\v..rth, Williams, James F. W il- 
hon. Steidien F. W Ison, Windoin ,'■8. 

N AV.s — Me-'srs. .\n':':nii. Delos K. Ashley, Baker. Seniamin, 
/J«c.</(!n, Biiighaiii, lJr>;/ir, Bronnvell. Bu'klaud. Uniidj, Camp- 
bell, Ci.anler, Blender W. (;iarke, Cnrpet; Davis, Dawsmi, 
Dehee.H, Delano, Drn's'.n^ Elilrid^e. larnsworlh, Farqiihar, 
Finrt, Olossln-cnvfx, Gnnd /ear, W le. Aaron Hanlinij, Abiicr 
C. Harding, llawMn<, llondeisoii. Hill, llise.. Ilngan, Ches- 
ter D Hubbard, Edwin X. /fahheU.J. K. llubbell, llum- 
plirc/. IfuHici; Jo.'tni'm, Keir,lj,i\h"n\ George V Lawrence, 
Lf Bl'/tid, r,'J/wic'i, M.jrshun, McKee, Miller. NIblack, 
Nidm'sii.i, Plants liod/nnl. Samtul J. iil(in//u//, William H. 
Kandall, hitler, Rogers. !ih'lnLlin,>\\^■\\.\\>nvil^'t. Silgieuve.i, 
SlillueU, Stcdcc.-', .S/rrtis*-, Ta'.rr, yntfianid O. Tay!or, :\'d. 
S'lti Tnjbir, Fr.mcis Tlioma-", John L. Thomas, jr., Tlioniton, 
Andrea) II. Ward, Henry D. Washburn, Wbuloy — 70. 

Same <lay — The bill passed — yeas 103, nays 
55, as follow : 
Yeas — .Messrs. Alloy, Allison, .\ines, Anderson, Dclos R. 



Ashley, Jamc 8 M Ashby, Cald win. Banks, Baxter, Beufatnin, 
Blaine, Boutwe 1, Braiidegee, Bromwell. Bioomall, Bnndy, 
Reader W. Claike, Cobb, look, Cullom, Culver, Dawes, 
Delano, Deming, Dixon, Dodge, l)o-iuelly, Driggs, Eekley, 
Eliot, Fariisworth, F i (iiihar.l'cirv. Gurlield,GrinneB, Gris- 
\vo!d, Hiirt, Henderson. Iliubv, Il'ill, Holmes, Hooper. De- 
nias Hubbard, jr., Jolui 11 lliibbard, James U. Hiibbell. In- 
gelB ill, Jenckes, Julian, Kelli-y. Ke'chani, Kooiilz, Gcorga 
V. Lawrenre, l.oao. Lon.nyi-nr Lynch. Marstnn, Maivin, 
Maynard, McClm g -M ■!iiu(.e,MrRner, Blereiir. M.llei , Moor- 
liiad,Morrill, Mom:-, Moulton, Newell, O'Nei l,Orih, Piiine, 
Patterson. I'erham, I'l.mts, Price. Ale.\!jiider H. liiee, John 
II. Rice, Ro'lins Sawyer, S-henck, Scolield, Shellaliarger, 
Spalding, Stevens, Sti^Ues, Thayer, Francis Tlionies. John L. 
Thomas, jr., TrowbriO'.:e, Up.si>n, Van Aeriiam, Burt Van 
Horn, Hamilton Waid. Warner. EUihu ]!. Wnsliburne. 
Ueniy D, Washburn, Wiiliam 1!. Washburn, M'elker, Went- 
wo th. Williams, James F. Wilson, Stephen F. Wilson, Win- 
dom— lOa. 

Nays — Messrs. Ancnnn, Baker, Bergen, Lingham, Boyet, 
Biickland,ram7),'«7/, C/titnler, Cooper, Davis, Dawson. Defrees, 
Dinison, Kldrid/ji', F.ncl:, Glossbrenner, Goodi/ear, Hale, 
Aaron Harding, Al>ner C. Harding, Hawkins, jlise, Hogan, 
Chester D. Hubbard, Edwin iV. Iluhbell, Ilumphrry, Ifun- 
fcr, Johnson . Kq\so. Kerr, KnyUeiidall, Latham, Le Bbrnd, 
Leflwir.h, .Uarshall, McKee, jS'iblaclc, Xicholsnn, Radfard, 
SuntucU. Randall, William H. Randall, Raymond, lii/ter, 
Ror/ers, Ross, Slianhlin. Sttgrcaves, Btillwell, Sirouse, Tuber, 
Xalltaiiiii G. Taylor, Nflsnn TayUrr, Thmmtun, Andrew H. 
Ward, Whaley— 55. 

The bill then passed, as above. 
January 30 — The l>ill was vetoed. 
February 8 — The Senate passed it over tho 
veto — \'eas 30, naj^s S), as follow : 

Y'kas— .Messrs. Anthony, Brown, Chandler, Cragiii, Cres- 
well, Fogg, Fowler, Fridinghuysen. Grimes. Ilarri,*, Hender- 
son, Howard, Howe, Kirkwood, Lane, Morrill, Poland, 
Poiiier >y, K inisey, Ross, Sherman, Sprague, Stew.irt, Sum- 
ner, 1 rumbiili. Van \\ inkle, Wade, vVilley Wilson, Yates 

—no. 

Nays — Mess'S. Bm-l.alew, Davis, Doolittle, Foster, Hen- 
dricks, Morgin. Norton, Patterson, SauUbury — 9. 

February 9 — The House passed the bill — yeas 
120, nays 44, as follow: 

Yeas — Messrs. Allisira, Anderson, .James M. Ashley, Banks, 
Barker, Baxter, Beaman, Eidwcll, Blaine, Blow, Boutwell, 
Braiidegee, Bromwell, Broomall, Buckland, Reader W. 
Clarke, Sidney Claike, Cobb. Cook, Cullom, Darling, Dawes, 
Delano, Demirig, Dixon, Dodge, Donnelly, Driggs, Dumont, 
Eekley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, 
Garfield, Grinucll,Griswold, Ahner C. Harding, II irt, Hayes, 
Henderson, Higby, Hill. Holmes, Hooper, Hotchkiss, John 
11. Hubbard, James R. llubbell, Hulburd, IngersoU, Jonckea, 
Juliin, Kasson, Kcdlcy, Kelso, Ketchara, Kooiitz, Laflin, 
George V. Ijawreiice. William Lawrence, Loan, Longyear, 
Marslon. Marvin, Maynard, McClnrg, Mclndoe. McKee, 
McPvuer, Mercur, Miller, .Mo .rhead, Morrill, Morris, Moul- 
ton, Jiyers, Newell, O'Neill, Orth, Paine, Patterson, Per- 
ham. Pike. Plants, Pomeroy, Price, Williani H Randall, 
Ah'Nander H Kice, John 11. Rice, P.olHns, Sawyer. Schenck, 
-coiield, Shellabarger, Sloan, Spalding. Starr, Stevens, 
Stoke-*. Thayer. Francis Thomas. Trowhriilge, Upson, Van 
Aernam, Burt Van Horn. Bobert T. Van Horn, Hamilton 
Wiird, VNavner, Henrv D. Washbnro, William B. Washburn, 
Welker, Wcntworlh.' Whaley. Williams, James F. Wilson, 
Stc.dion F. Wilson, Wiiidom, Woodbridge,and Speaker Col- 
fax— 1 0. 

Nays — Messrs Camphe'l, Chanler, Cooper. Davis. Dawson, 
Ddiison, Eldridgc, Fivrk. Glossbrenner. Goodyear, Aamn 
Harding, Harris, Hawkins, Ilise. Edwin iV llubbell. Hunt- 
p'irrji, flnnter. Kerr Knykendall. Le Blond, Leflwich, Mar- 
shall, McCHlloi'gh, KibUtrl:, Kidiolson, Xoe.tl, Rai'/ord. Sam- 
mi J. Randitll, Raymond. Ritler. Rogers. Ro^f, Rousseau, 
Shanklin, Sitgreavis, .'^lillwell, Strouse, Tabcr, Kathaniei 
G. Taylor, X'lson Taylor, Thoi-nlon, Trimble, Andrew H. 
Ward, Winfuld—H. 

Whereupon the Speaker of the House ieclarei 
the bill to be a law. 

Veto of the Reconstruction Bill, March 2, 18B7.* 

To the House of Representatives : 

I have examined the bill " to provide for the 
more efficient government of the rebel States" 
with tiie care and anxiety which its trar^oend- 
ant importance is calculated to awaken. [ am 



* For copy of tho hill vetoed, see chap, xviii 



PRESIDENT JOHNSON S MESSAGES. 



167 



anabio to give it ray assent for reasons so grave, 
tliat I hope a staoement of them may ha.e some 
influence en the mlrnis of the patriotic and en- 
lightened men with whom the decision must 
ullimately rest. 

The bill places all the people of the ten States 
tliereiu named under the absolute domination 
of military rulers ; and the preamble undertakes 
to give the reason upon which the measure is 
based, and the ground u[ion which it is justilied. 
It declares that there exists in those States no 
legal governments, and no adequate protection 
for hie or property, and asserts the necessity of 
enforcing peace and good order within their 
limits. Is this true as matter of fact? 

It is not denied that the States in question 
have each of them an actual Government, with 
all the powers, executive, judicial, and legisla- 
tive, which properly belong to a free State. 
They are organized like the other States of the 
Union, and, like them, they make, administer, 
and execute the laws which concern tlieir do- 
mestic affairs. An existing de facto government, 
exercising such functions as these, is itself tiie 
law of the State upon all matters within its juris- 
diction. To pronounce the supreme law-malcing 
power of an established State illegal is to say 
that law itself is unlawful. 

The provisions which these Governments have 
made for the preservation of order, the suppres- 
sion of crime, and the redress of private injuries, 
are in substance and principle the same as those 
wiiich prevail in the northern States and in other 
civilized countries. They certainly have not suc- 
ceeded in preventing the commission of all crime, 
nor lias this been accomplished anywhere in the 
world. There, as well as elsewhere, offenders 
sometimes escape for want of vigorous prosecu- 
tion, and occasionally, perhaps, by the ineffi- 
ciency of courts or the prejudice of jurors. It 
is undoubtedly true that these evils have been 
much increased and aggravated. North and South, 
by the demoralizing influences of civil war, and 
by the rancorous passions which the contest has 
engendered. But that these people are main- 
taining local governments for themselves which 
habitually defeat the object of all government 
and render their own lives and property inse- 
cure, is in itself utterly improbable, and tiie 
averment of the bill to that effect is not sup- 
ported by any evidence which has come to my 
knovv'ledge. All the information I have on the 
subject convinces me that tlie masses of the south- 
ei'n people and tliose who control their public 
acts, while they entertain diverse opinions on 
questions of Federal policy, are comfdetely uni- 
ted in the effort to reorganize tlieir society on 
the basis of peace, and to restore their mutual 
prosperity as rapidly and as completely as their 
circumstances will permit. 

The bill, however, would seem to show upon 
its face tliat the establishment of peace and good 
order is not its real object. The fifth section 
declares that the preceding sections shall cease 
10 ojierate in any State where certain events 
shall have happened. These events are — First, 
the selection of delegates to a State Convention 
by an election at whiclr negroes shall be allowed 
to vote. Second, the formation of a State Con- 
Etitution by the Convention so chosen. Third, 



the insertion into the State Constitution of a 
provision wliich will secure the right of voting 
at all elections to negroes, and to such white 
men as may not be disfranchised for rebellion or 
felony. Fourth, tlie submissionof the Constitu- 
tion for ratification to negroes aiid white men 
not disfranchised, and its^ actual ratification by 
tlieir vote. Fifth, the submission of the State 
Constitution to Congress for examination and 
approval, and the actual approval of it by that 
body. Sixth, the adoption of a certain amend- 
ment to the Federal Constitution by a vote of 
the Legislature elected un^ier the new Constitu- 
tion. Seventh, the adoption of said amendment 
b}' a suflicient number of other States to make 
it a part of the Constitution of -the United States. 
All these conditions must be fulfilled before the 
people of any of these States can be relieved from 
the bondage of military domination; but when 
they are fulfilled, then immediately the pains 
and penalties of the bill are to cease, no matter 
whether there be peace' and order or not, and 
without any reference to the security of life or 
property. The excuse given for the bill in the 
preamble is admitted by the bill itself not to be 
real. The military rule which it establishes is 
plainly to be used, not for any purpose of order 
or for the prevention of crime, but solely as a 
means of coercing the people into the adoption 
of principles and measures to which it is known 
that they are opposed, and upon which they 
have an undeniable riglit to exercise their own 
judgment. 

I submit to Congress whether this measure is 
not, indts whole character, scope, and object, with- 
out precedent and without authority, in palpable 
conflict with the plainest provisions of the Con- 
stitution, and utterly destructive to those great 
principles of liberty and humanity for which our 
ancestors on both sides of the Atlantic have shed 
so much blood and' expended so much treasure. 

The ten States named in the bill are divided 
into five districts. For each district 'an officer 
of the Army, not below the rank of brigadier 
general, is to be appointed-to rale over tiie peo 
pie; and he is to be supported with an elTicient 
military force to enable him to perform his duties 
and enforce his authority. Those duties and 
that authority, as defined by tlie third section 
of the bill, are, " to protect all persons in their 
rights of person and property, to suppress insur- 
rection, disorder, and violence, and to punish, or 
cause to be punished, all disturbers of the public 
peace or criminals." The power thus given to 
the commanding officer over all the people of 
each district is that of an absolute monarch. 
His mere will fe to take the place of all law. 
Tlie law of the States is now the only rule appli- 
cable to the subjects placed under his control, 
and that is completely displaced by the clause 
which declares all interference of State authority 
to be null and void. Pie alone is permitted to 
determine what are rights of person or property, 
and he may protect them in such way as in his 
discretion may seem proper. It places at his 
free disposal all the lands and goods in his dis- 
trict, and he may distribute them without let or 
iiindrance to whom he ])leases. Being bound bjr 
no State law, and there being no other law to 
regulate tlie .'aibjcct, he may make a criminal 



1G8 



POLITICAL MANUAL. 



cnie of liis own ; and he can make it as bloody 
as any recorded in history, or he can reserve the 
privilege of acting npon the impulse of his pri- 
vate passions in eacli case that arises. He is 
bound by no rules of evidence ; there is indeed 
no provision by which he is authorized or re- 
quired to take any evidence at all. Everything 
is a crime which he chooses to call so, and all 
])ersons are condemed whom he pronounces to 
be guilty. Ho is not bound to keep any record, 
or make any report of his proceedings. He may 
arrest his victims wherever he finds them, wicli- 
out warrant, accusation, or proof of probable 
cause. H' he gives them a trial before he inflicts 
the punishment, he gives it of his grace and 
mercy, not because he is commanded so to do. 

To a casual reader of the bill, it might seem 
that some kiud of trial was secured by it to per- 
sons accused of crime; but such is not tlie case. 
The oiBcer " may allow local civil tribunals to 
try offenders," but of course this does not require 
that he shall do so. If any State or Federal 
court presumes to exercise its legal jurisdiction 
bv the trial of a malefactor without his special 
permission, he can break it up, and punish the 
judges and jurors as being themselves malefac- 
tors. He can save his friends from justice, and 
despoil his enemies contrary to justice. 

It is also provided tliat " he shall have power 
to organize military commissions or tribunals ;" 
but this power he is not commanded to exercise. 
It is merely permissive, and is to be used only 
"when in his judgment it may be necessary for 
the trial of offenders." Even if the sentence of 
a commission were made a prerequisite to the 
punishment of a party, it would be scarcely the 
slightest check upon the officer, who has author- 
ritv to organize it as he pdeases, prescribe its 
mode of proceeding, appoint its members from 
among his own subordinates, and revise all its 
decisions. Instead of mitigating the harshness 
of his single rule, such a tribunal would be used 
much more probably to divide the responsibility 
of making it more cruel and unjust. 

Several provisions, dictated by the humanity 
of Congress, have been inserted in the bill, afi- 
]iarently to restrain the power of the command- 
ing officer; but it seems to me that they are of 
no avail for that purpose. The fourth section 
]jrovides — First. That trials shall not be un- 
necessarily delayed; but I think I iiave shown 
that the power is given to punish without trial, 
p.nd if so this provision is practically inopera- 
tive. Second. Cruel or unusual punishment is 
not to be inflicted; but who is to decide what is 
cruel and what is unusual? The words have 
acqu'red a legal meaning by long use in the 
courts. Can it be expected that military officers 
will understand or follow a rule expressed in 
language so purely technical, and not pertaining 
in the least degree to iheir profession? If not, 
then each office- may define cruelty according to 
liis own temper, and if it is not usual, he will 
make it usual. Corporal punishment, imprison- 
ment, the gag, the ball and chain, and the al- 
most insupportable forms of torture invented for 
military punishment, lie within the range of 
choice. Third. The sentence of a commission is 
not to be executed without being approved by 
the commander, if it affects life or liberty, and a 



sentence of death must be approved by the Pres- 
ident This applies to cases in which there has 
been a trial and sentence. I take it to be clear, 
under this bill, that the military commander 
may condemn to death without even the form of 
a trial by a military commission, so that the lil'e 
of the condemned may depend upon the will of 
two men instead of one. 

It is ['lain that the authority here given to 
the military officer amounts to absolute despot- 
ism. But, to make it still more unendurable, 
the bill provides that it maj' be delegated to as 
many subordinates as he chooses to appoint ; for 
it declares that he shall "punish or cause to be 
punished." Such a power has not been wielded 
by anj' monarch in England for more than five 
hundred years. In all that time no people who 
speak the English language have borne such 
servitude. Il reduces the v.diole population of 
the ten States — all persons, of every color, sex, 
and condition, and every stranger within their 
limits — to the most abject and degrading slavery. 
No master ever had a control so absolute over 
his slaves as this bill gives to the military offi- 
cers over both white and colored persons. 

It maj' be answered to this that the officers of 
the Army are too magnanimous, just, and hu- 
mane to oppress and trample upon a subjugated 
people. I do not doubt that Army officers are 
as well entitled to this kind of confidence as any 
other class of men. But the history of the world 
has been written in vain, if it does not teach us 
that unrestrained authority can never be safely 
trusted in human hands. It is almost sure to be 
more or less abused under any circumstances, 
and it has always resulted in gross tyranny 
where the rulers who exercise it are strangers 
to their subjects, and come among theui as the 
representatives of a distant power, and more 
especially when the power that sends them is un- 
friendly. Governments closely resembling that 
here proposed have been fairly tried in Hun- 
gary and Poland, and the suffering endured by 
those people roused the sympathies of the entire 
world. It was tried in Ireland, and, though 
tempered at first by principles of English law, 
it gave birth to cruelties so atrocious that they 
are never recounted without just indignation. 
The French Convention armed its deputies with 
this power, and sent *' em to the southern de- 
partments of the republic. The massacres, njur- 
ders, and other atrocities which they committed 
show what the passions of the ablest men in the 
most civilized society will temrit them to do 
when wholly unrestrained by law. 

The men of our race in every age have strug- 
gled to tie up the hands of their Governments 
and keep them within the law, because their 
own experience of all mankind taught them that 
rulers could not be relied on to concede those 
rights which they were not legally bound to re- 
spect. :?he head of a great empire has some- 
times governed it with a mild and paternal sway ; 
but the kindness of an irresponsible dopi ty never 
yields what the law does not extort from him. 
Between such a master and the people subjected 
to his domination there can be nothing but en- 
mity ; he punishes them if they resist law author- 
ity, and, if they submit to it, he hates fc-hem foi 
their servility. 



PRESIDENT JOHNSON S MESSAGES. 



169 



1 corne now to a question which is, if possible, 
fitill more important. Have we the power to 
estal)lish and carry into execution a measure 
like this? I answer, certainly not, if we derive 
our authority from the Constitution, and if we 
are bound by the limitations which it imposes. 

This proposition is perfectly clear — that no 
branch of the Federal Government, executive, 
legislative, or judicial, can have any just pow- 
ers except those which it derives through and 
exercises under the organic law of the Union. 
Outside of the Constitution we have no legal au- 
thoritj' more than private citizens, and within it 
we have only so much as that instrument gives us. 
This broad principle limits all our functions, and 
applies to all subjects. It protects not only the 
citizens of States which are within the Union, 
but it shields every human being who comes or 
is brought under our jurisdiction. We have no 
r ght to do in one [dace, more tlian in another, 
that which tlie Constitution sa3's we shall not do 
at all. If, therefore, the southern States were in 
truth out of the Union, we could not treat their 
people in a way which the fundamental law 
forbids. 

Some jiersons assume that the success of our 
arms in crushing the opposition which was made 
in some of the States to the execution of the 
Federal laws reduced those States and all their 
jieople — the innocent as well as the guilty — to 
the condition of vassalage, and gave us a power 
over them whi*h the Constitution does not be- 
stow or define or limit. No fallacy can be more 
transparent than this. Our victories subjected 
the insurgents to legal obedience, not to the yoke 
of an arbitrar}' despotism. When an absolute 
sovereign reduces his rebellious subjects, he may 
deal witli them according to his pleasure, because 
he had that power before. But when a limited 
monarch puts down an insurrection, he must 
stil'l govern according to law. If an insurrec- 
tion should take place in one of our States 
against the authority of the State government, 
and find in the overthrow of those who [ilanned 
it, would that take away the rights of all the 
people of the counties where it was favored by a 
jjart or a majority of the population? Could 
they, for such a reason, be wholly outlawed and 
deprived of their representation in the Legisla- 
ture ? I have always contended that the Gov- 
ernment of the United States was sovereign 
within its constitutional sphere; that it exe- 
cuted its laws, like the States themselves, by 
applying its coercive power directly to individ- 
uals ; and tluit it could put down insurrection 
with the same effect as a State, and no other. 
The opposite doctrine is the worst heresy of 
tliose who advocated secession, and cannot be 
agreed to without admitting that heresy to be 

Invasion, insurrection, rebellion, and domes- 
tic violence were anticipated when the Govern- 
ment was kanied, ami themeans of repelling and 
Bup[>ressing them were wisely provided for in 
the Constitution ; hut it was not thouglit neces- 
sary to declare that the States in which they 
might occur should be expelled from the Union. 
Rebellions, which were invariably suppressed, 
occurred prior to that out of which these ques- 
tions 2row ; hut the States continued to exist 



and the Union remained unbroken. In ^lassa- 
chiisetts, ill Pennsylvania, in Rhode Island, and 
in New York, at different periods in our history, 
violent and armed opposition to the United 
States was carried on ; but the relations of tliose 
States with the Federal Government were not 
supposed to be interrupted or changed iherel.)}', 
after the rebellious portions of their population 
were defeated and put down. It is true that in 
these earlier cases there was no formal expres- 
sion of a determination to withdraw from the 
Union, but it is also true that in the soiiiliorn 
States the ordinances of secession were treaied 
by all the friends of the Union as mere nulliiies, 
and are now acknowledged to be so by t!ie 
States themselves. If we admit that they had 
any force or validity, or that they did in fact take 
the States in which they were passed out of the 
Union, we sweep from under our feet nil the 
grounds upon which we stand in justifying the 
use of Federal force to maintain the integrity 
of the Government. 

Tins is a bill passed by Congress in time of 
peace. There is not in any one of the States 
brought under its operation either war or insur- 
rection. The laws of the States and of the Fed- 
eral Government are all in undisturbed and 
harmonious operation. The courts, State and 
Federal, areojien, and in the full exercise of their 
proper authority. Over every State comprised 
in these five military districts life, liberty, and 
property are secured by State laws and Pederal 
laws, and the national Constitution is every- 
wliere in force and everywhere obeyed. What, 
then, is the ground on which this bill proceeds? 
The title of the bill announces that it is intended 
" for the more efficient government " of these ten 
States. It is recited by waj' of preamble that 
no legal State governments "nor adequate pro- 
tection for life or property," exist m those States, 
and that peace and good order should be thus 
enforced. The first thing whicli arrests atten- 
tion upon these recitals, which prepare the way 
for martial law, is this: that the only foundation 
upon which martial law can exist under our 
form of government is not stated or so much as 
pretended. Actual war, foreign invasion, do- 
mestic insurrection — none of these appear; and 
none of these in fact exist. It is not even recited 
that any sort of war or insurrection is threat- 
ened. Let us jiause here to consider, upon this 
question of constitutional law and the power of 
Congress, a recent decision of the Supreme Court 
of the United States in ex parte Milligan. 

I will first quote from the opinion of the ma- 
jority of the Court: "Martial law cannot arise 
from a threatened invasion. The necessity must 
be actual and present, the invasion real, such as 
effectually closes the courts and deposes the 
civil administration." We see that martial law 
comes in only when actual war closes tlie courts 
and deposes the civil authority ; but this bill, in 
time of peace, makes martial law operate as 
though we were in actual war, and become the 
cause, instead of the consequence of the abroga- 
tion of civil authority. One more quotation: 
" It follows from what has been said on this sub- 
ject that there are occasions when martial /aw 
can be properly applied. If, in foreign invasion 
or civil war, the courts are actually closed, and 



170 



MJTiCAL. MANUAL. 



it is impossible to administer criminal justice 
according to law, tiien, on the theatre of active 
military operations, where war really prevails, 
there is a necessity to furnish a substitute for 
the civil authority thus overthrown, to preserve 
the safely of the Army and society ; and as no 
power is left but the niilitary, it is allowed to 
govern by martial rule until the laws can have 
their free course." 

I now quote from the opinion of the minority 
of the Court, delivered by Chief Justice Chase: 
"Wo by no means assert that Congress can es- 
tablish and apply the laws of war where no war 
has been declared or exists. Wiiere peace ex- 
ists, the laws of peace must prevail." This is 
sutSciently explicit. Peace exists in all the ter- 
ritoiy to which this bill applies. It asserts a 
piower in Congress, in time of yieace, to set aside 
the laws of ]ieace and to substitute the laws of 
war. The minority, concurring with the major- 
ity, declares tliat Congress does not possess that 
power. Again, and, if possible, more emphatic- 
ally, the Chief Justice, with remarkable clear- 
ness and coudensation, sums up the whole matter 
as follows : 

" There iire iiinkT tlie Ciinstitutiou fliree kinds of military 
jtirisdictioii — one to bo cxeiciscil both in jM'iice and war; 
auoiher to be e.xercised in (Inie of foreign war wiibout the 
boundaries of the United Stati s, or iu lime of rebellion and 
civil war within States or districts occnpied by rebels treated 
a.-i lielligerc'Mts: and a tliird to be I'xercised in time of inva- 
sion or insnirec ti u within the Unjits of the United States, 
or dnrinp; leb llion with n tlie limits of the States main- 
taining »dlie,sion to the naional Government, when tlie 
public danger requires its exercise. Tlie first ot these m:iy 
be called jurisdiction under Military Law, and is tound iu 
acts of Congress iirescribing rules and articles of war, or 
otherwise pri;viding for the guvernment o! the national 
forces; the second may be distingni-lied us Military Gov- 
ernment, .superseding, as far as may be dc:-nied expedient, 
the local law, and exercised by th<! military commaTider, 
under the direction of the I'resident, with the express or 
iniplied sanction of Congress; while the tliird may be de- 
uouiinat^'d Mauti\l Liw I'noPER, and is called into action 
by t ongres«, or tcmporaiiiy, wheu the action cf Congress 
cannut he invited, and in the case of justifying or excusing 
peril, by the I'le^ident, in tunes of insurrection or ii>va.sion, 
or of civil or foreign war, within districts or localities where 
ordinary law no longer adequately secures public safety and 
private li-lits.'' 

It will be observed that of the three kinds of 
military jurisdiction v/hich can be exercised or 
created under our Conslitutiou, there is but one 
that can prevail in time of peace, and that is the 
code of laws enacted by Congress for the govern- 
ment of the national forces. That body of mil- 
itary law iias no application to the citizen, nOr 
even to the citizen soldier enrolled in the militia 
in time of peace. But this bill is not a part of 
that sort of military law, for that applies only 
to the soldier, and not to the citizen, whilst, con- 
trariwise, the military law j)rovided by this bill 
applies only to the citizen and not to the sol- 
dier. 

I need not say to the Representatives of the 
American people that their Constitution forbids 
the exercise of judicial power in any wav but 
one; that is, by the ordained and established 
courts. It is equally well known that in all 
criminal ca«es a trial by jury is made indispen- 
sable \>y the express words of that instrument. 
I will not enlarge on liie inestimable value 
of the right thus .secured to every freeman, or 
flpeak of the danger to public liberty in all parts 
ojf the country which must ensue from a denial 
*r it anywhere ur upon any pretense. A very 



recent decision oi the Supreme Court has tiaoed 
the history, vindicated the dignity, and made 
known the value of this great privilege so clearly 
that nothing more is needed. To what extent a 
violation of it might be excused in' time of war 
or public danger may admit of discussion; but 
we are providing now for a time of profound 
peace, where there is not an armed soldier within 
our borders except .those who are in the service 
of the Government It is in such a condition 
of things that an act of Congress is proposed 
which, if cavried out, would deny a trial by the 
lawful courts and juries to nine millions of 
American citizens, and to their posterity for an 
indefinite period. It seems to be scarcely possi- 
ble that any one should seriously believe this 
consistent with a Constitution which declares, 
in simple, plain, and unambi^^uous language, that 
all persons shall have that right, and that no 
person shall ever in any case be deprived of it. 
The Constitution also forbids the arrest of the 
citizen without judicial warrant, founded on 
probable cause. This bill authorizes an arrest 
without warrant, at the pleasure of a military 
commander. The Constitution declares that 
" no person shall be held to answer for a capital 
or otherwise infamous crime unless on present- 
ment by a grand jury." This bill holds every 
person, not a soldier, answerable for all crimes 
and all charges without any presentment. The 
Constitution declares that " no person shall be 
deprived of life, liberty, or property witlioutdue 
process of law." This bill sets aside all process 
of law, and makes the citizen answerable iu his 
person and property to the will of one man, and 
as to his life to the will of two. Finnlly, the 
Constitution declares that 'the privilege of the 
writ of habeas corpus shall not be suspended 
unless when, in case of rebellion or invasion, the 
public safety may require it ;" whereas this bill 
declares martial law (which of itself suspends this 
great writ) in time of peace, and authorizes the 
military to make the arrest, and gives to the 
prisoner only one privilege, and that is a trial 
" without unnecessary delay." He has no hope 
of release from custody, exceyit the hope, s;;ch as 
it is, of release by acquittal before a military 
coiamission. 

The United States are bound to guarantee to 
each , State a republican form of government. 
Can it be pretended that this obligation is "ot 
palpably broken if we carry out a measure like 
this, whicli wipes away every vestige of repub- 
lican government in ten States, and puts the life, 
jiroperty, liberty, and honor of all the people in 
each of them under the domination of a single 
per.-^on clothed with unlimited authority? 

The I'arliament of England, exerci.sing the 
omnipotent power which it claimed, was accus- 
tomed to pass bills of attainder ; that is to say, 
it would convict men of treason and other crimes 
by legislative enactment. The person accused 
had a hearing, sometimes a patient and fair one; 
l)Ut generally party prejudice prevailed, instead 
of jus;,ice. it often beearae necessar}- for Parlia- 
ment to acknowledge its error and reverse its owa 
action. The fathers of our countrj' determined 
that no such tiling should occur here They 
withheld the power from Congress, and thus for- 
bade its exercise by that body ; and they pro* 



PRESIDENT JOHNSON S SPEECHES. 



171 



vided in the Constitution that no State should 
pass any bill of attainder. It is, therefore, impos- 
sible lor any person in this country to be con- 
stitutionally convicted or punished for any crime 
by a legislative proceeding of any sort. Never- 
theless, here is a bill of attainder against nine 
millions of people at once. It is based upon an 
accusation so vague as to be scarcely intelligi- 
ble, and found to be true upon no credible evi- 
dence. Not one of the nine millions was heard 
in his own defense. The representatives of the 
doomed parties were excluded from all partici- 
pation in the trial. The conviction is to be fol- 
lowed bj^ the most ignominious punishment ever 
inflicted on large masses of men. It disfran- 
chises them by hundreds of thousands, and de- 
grades them all, even those who are admitted 
to be guiltless, from the rank of freemen to the 
condition of slaves. 

The purpose and object of the bill, the general 
intent which jiervades it from beginning to end, 
is to change the entire structure and character 
of the State governments, and to compel them 
by force to the adoption of organic laws and 
regulations which they are unwilling to accept 
if left to themselves. The negroes have not 
asked for the privilege of voting; the vast major- 
ity of them have no idea what it means. This bill 
not only thrusts it into their hands, bat compels 
them, as well as the whites, to use it in a par- 
ticular way. If they do not form a Constitution 
with prescribed articles in it, and afterwards 
elect a Legislature which will act upon certain 
measures in a prescribed way, neither blacks nor 
whites can be relieved from the slavery which 
the bill imposes upon them. Without pausing 
here to consider the policy or impolicy of Afri- 
canizing the southern part of our territory, I 
would simply ask the attention of Congress to 
that manifest, well-known, and universally ac- 
knowledged rule of constitutional law which de- 
clare," that the Federal Government has no juris- 
diction, authority, or power to regulate such 
subjects for any State. To force the right of 
suffrage out of the hands of the white people and 
into the hands of the negroes is an arbitrary vio- 
lation of this principle. 

This bill imposes martial law at once, and its 
operations will begin so soon as the general and 
his troops can be put in place. The dread alter- 
native between its harsh rule and compliance 
with the terms of this measure is not suspended, 
nor are the people afforded any time for free de- 
liberation. The bill s.ays to them, take martial 
law first, tJten deliberate. And when they have 
done all that this measure requires them to do, 
other conditions and contingencies, over whicli 
they have no control, yet remain to bo fultiUed 
before tlicy can be relieved from martial law. 
Another Congress must first approve the consti- 
tutions made in conformity with the will of this 
Congress, and must declare these Gtt.tes entitled 
to representation in botli Houses. The whole 
question thus remains open and unsettled, and 
must again occupy the attention of Congress, 
and in the meantime tlie agitation which now 
prevails will continue to disturb all portions oi 
the people. 

The bill also denies the legality of tho gov- 
ernments of ten of the States which participated 



in tho ratification of the amendment to tho 
Federal Constitution abolishing slavery forever 
within the jurisdiction of the United States, and 
practically excludes them from the Union. If 
this assumption of the bill be correct, their con- 
currence cannot bo considered as having been 
legally given, and the important fact is made to 
appear that the consent of three-fourths of the 
States — the requisite number — has not been con- 
stitutionally obtained to the ratification of tbat 
amendment, thus leaving the question of slavery 
where it stood before the amendment was otnci- 
ally declared to have become a part of the Con- 
stitution. 

That the measure proposed by this bill does 
violate the Constitution in the particulars men- 
tioned, and in many other waj^s which 1 forbear 
to enumerate, is too clear to admit of the least 
doubt. It only remains to consider whether the 
injunctions of that instrument ought to bo obeyed 
or not. I think they ought to be obeyed, for 
reasons which I will proceed to give as briefly 
as possible. 

In the first place, it is the only system of freo 
government which we can hope to have as a na 
tion. When it ceases to be the rule of our con 
duct, we may ]ierhaps take our clioice between 
complete anarchy, a consolidated despotism, and 
a total dissolution of the Union ; but national 
liberty, regulated by law will have passed be- 
j'ond our reach. 

It is the best frame of government the world 
ever saw. No other is or can be so well adapted 
to the genius, liabits, or wants of the American 
people. Combining the strength of a great 
empire with unspeakable blessings of local self- 
government having a central power to defend 
the general interests, and recognizing tho au- 
thority of tlie States as the guardians of indus- 
trial rights, it i.s " the sheet-anchor of our safety 
abroad and our peace at home." It was ordained 
" to form a more perfect union, establish justice, 
insure domestic tranquillity, promote the general 
welfare, provide for the common defense, and 
secure the blessings of liberty to ourselves and 
to our posterity." These groat ends have been 
attained heretofore, and will be again, b}' faith- 
ful obedience to it ; but they are certain to he 
lost if we treat with disregard its sacred obliga- 
tions 

It was to punish the gross crime of defying the 
Constitution, and to vindicate its supreme au- 
thority, that we carried on a bloody war of four 
years' duration Shall we now acknowledge 
that we sacrificed a million of lives and expended 
billions of treasure to enforce a Constitution 
wliich is not worthy of respect and preservntion ? 

Those who advocated the right of secessioa 
alleged in their own ju'^ification that we had no 
regard for law, ami that their rights of property, 
lile, and liberty would not be safe under the 
Constitution, as administered by us. If we now 
verify their assertion, we prove that they were 
in truth and in fact fighting for their liberty, 
and instead of branding their leaders with the 
dislionoring name of traitors against a righteous 
and legal Government, we elevate them in Iiis- 
torv to the rank of seJf-sacrificin t patriots, con- 
accratc thom to tlie admiration of the world, and 
place them by the side of Washington, Hamp- 



172 



POLITICAL MANUAL. 



den, and Sydney. No; let us leave them to the 
infamy they deserve, punish them a? tliey should 
be punished, according to law, and take upon 
ourselves no share of the odium which they 
should bear alone. 

It is a part of our public histor}', which can 
never be forgotten, that both Houses of Congress, 
in July, IScJl, declared, in the form of a solemn 
resolution, that the war was and should be car- 
ried on for no purpose of subjugation, but solely 
to enforce the Constitution and laws; and that 
when this was yielded bjf the parties in rebel- 
lion, the contest should cease, with the constitu- 
tional riglits of the States and of individuals 
unimpaired. Tliis resolution was adopted and 
sent forth to the world unanimously by the Sen- 
ate,"-^ and with only two dissenting voices in the 
House. It was accepted by the friends of the 
Union in the South, as well as in tlie Nortli, as 
expressing honestly and truly the object of the 
war. On the faiih of it, many thousands of 
persons in both sections gave their lives and their 
fortunes to the cause. To repudiate it now by re- 
fusing to the States and to the individuals within 
them the riglits which the Constitution and laws 
of the Union would secure to them, is a breach 
of our plighted honor for which I can imagine 
no extuse, and to which 1 cannot voluntarily 
become a party. 

The evils which spring from the unsettled 
state of our Government will be acknowledged 
by all. Commercial intercourse is impeded, capi- 
tal is in constant ])eril, jiublic securities fluctuate 
in value, peace itself is not secure, and the sense 
of moral and political duty is impaired. To 
avert these calamities from our country, it is 
imperatively required that we should immedi- 
ately decide upon some course of administration 
which can be steadfastly adhered to. I am 
thoroughly convinced that any settlement, or 
compromise, or plan of action which is incon- 
sistent with the principles of the Constitution 
will not only be unavailing, but mischievous; 
that it v/ill but multiply the present evils, in- 
stead of removing them. The Constitution, in 
its whole integrity and vigor, throughout the 
length and breadth of the land, is the best of all 
compromises. Besides, our duty does not, in 
my judgment, leave us a choice between that 
and any other. I believe that it contains the 
remedy that is so much needed, and that if the 
co-ordinate branches of the Government would 
unite upon its provisions, they would be found 
broad enougli and strong enough to sustain in 
time of peace the nation which they bore safely 
through the ordeal of a protracted civil war. 
Among the most sacred guaranties of that in- 
Btrument are those which declare that "each 
State shall hare at least one Representative," 
and that " no State, without its consent, shall 
be deprived of its equal suffrage in the Senate." 
Each House is made the "judge of the elections, 
returns, and qualifications of its own members," 
and may, " with the concurrence of two-thirds, 
expel a member." Tlius, as heretofore urged, 
" in the admission of Senators and Representa- 
tives from any and all of the States, there can 

*TIiis H II it qui to accurate. There were (ivo ncKiilive 
Tot's in till! f-'cn lie. (Seo . enato .lounial, 1st fJess. COlhCoB- 
gtesd, puga 92.) 



be no just ground of apprehension that persona 
who are disloyal will be clothed with the powers 
of legislation; for this could not happen when 
the Constitution and the laws are enforced by a 
vigilant and faithful Congress." " When a Sena- 
tor or Representative pres&nts his certificate of 
election, he may at once be admitted or rejected ; 
or, should there be any question as to his eligi- 
bility, his credentials may be referred for investi- 
gation to the appropria(e committee. If admit- 
ted to a seat, it must be upon evidence satisfac 
tory to the House of which he thus becomes a 
member, th.it he possesses the requisite constitu 
tional and legal qualifications. If refused ad- 
mission as a member for want of due allegiance 
to the Government, and returned to his constitu- 
ents, they are admonished that none but persons 
loyal to the United States will be allowed a 
voice in the legislative councils of the nation, 
and the political power and moral influence of 
Congress are thus effectively exerted in the in- 
terests of loj-alty to the Government and fidelity 
to the Union." And is it not far better that the 
work of restoration should be accomplished by 
simple compliance with the plain requirements 
of the Constitution, than by a recourse to meas- 
ures which in effect destroy the States, and 
threaten the subversion of the General Govern- 
ment? All that is necessary to settle this simple 
but important question, without farther agita- 
tion or delay, is a willingness on the part of all 
to sustain the Constitution and carry its pro- 
visions into pracfical operation. If to-morrow 
either branch of Congress would declare that, 
upon the presentation of their credentials, mem-- 
hers constitutionally elected and loyal to the 
General Government would be admitted to seats 
in Congress, while all others would be excluded, 
and their places remain vacant until the selection 
by the people of loyal and qualified persons; and 
if, at the same time, assurance were given that 
this policy would be continued until all the States 
were represented in Congress, it would send a 
thrill of joy throaghout the entire land, as indi- 
cating the inauguration of a system which must 
speedily bring tranquillity to the public mind. 

While we are legislating upon subjects which 
are of great importance to the whole people, and 
wliich must affect all parts of the country, not 
only daring the life of the present generation, 
but for ages to come, we should remember that, 
all men are entitled at least to a hearing in the 
councils which decide upon the destiny of them- 
selves and their children. At present ten States 
are denied representation, and when the Fortieth 
Congress assembles on the fourth day of the 
present month, sixteen States will be without a 
voice in the House of Representatives. This 
grave fact, with the important questions before 
us, should induce us to pause in the course of 
legislation which, looking solely to the attain- 
ment of political ends, fails to consider the rights 
it transgresses, tlie law which it violates, or the 
institutions which it imperils. 

Akdrew Johnson. 

WAsniKGTON, March 2, 1867. 

The votes on this bill were as follow : 
In House. 

18G7, February 20 — The bill passed finally, aa 
afcove — yeas 128, nays 46, as follow: 



PnL'SIDEXT JOll^'SON S MESSAGES. 



Yeas— Messrs. Alley, Allison, Ames. Aiidrrson, Ariicll, 
Dcloi i;. .'shley, James M. Asliley, Uaker. BaUhvin. Bauks, 
Jiarlcer, B.ixtci, Beaman, Bonjaniiii, Biducll, Biiigliaiii, 
Blaine, Blnw, Bcnitwell, Branciegee, r>roiiiWfll, Brooniall, 
CucklaMtl, Buiidy, Re.acler W. Clarke, Sidney Clarke, CoLib, 
'Jook. (uilnm. Darling, Davis, Dawes, Defrees, Delano, 
Dcinin;.', iJl.XDii, D()d','e, Donnelly, Dnniunt, Eggiosion, Eliot, 
Farriswortli, l-'arquliar, Ferry, Garlield, Crinnell, Uris- 
wokl, Aliiur C. Harding, Hart, Ihues, Henderson, Iligby, 
Hill, ll'.hnes, Hooper, Hotchkis-', Chester D. liubliard, 
Dema; Iliibl.iard, jr , John H. Hulibard, lliilluird, Iiigersoll, 
JU'ian, Kasson, Kelley, Kelso, Ketclmin, Kooiitz, l.atiin, 
Geiirgo V. Lawrence, William Lawrence, Loan, Lungyear, 
l-yncli. Marvin, Maynard, McCliirg. Mclndoe, JIcKee, Me- 
iuer, Mereur, Miller, Moorhead, Morris, .Moulton, Myers, 
(( e\vell,0'Xeiil,Orth, Paine. Pattei son, I'erliam, Pike, P.ants, 
•omeroy. Price. Uaymonl, Alexander H.Kice, Joliii H.Kice, 
5ollins,'!<a\vyer, Scbeuek, Scofield, Sliellabarger, i^loan, 8pal- 
iing, Starr, Stevens. Stokes, Thayer, Kj amis Thomas, John L. 
I'homas. jr, 'I rowbridge, Upson, Van AeriiaTn, Burt Van 
Horn, Kol/ert T. Van iTorn, Uamilt'in Waul, AVai tier, H(nry 
D Wiishbnrn, William B. Washburn. Welker, Wentworth, 
Wlialey, Williams, James F. Wilson, Stephen F. Wilson, 
Windom, W'.iodbridge — 128. 

Nays — Messrs. Ancona, Bergen, Bmjpr, Camphetl, Clmvler, 
Cooper, Dawson, Denisrm, Eliriilgr. Fivck, Glossbrcnmr, 
Ooodyrar, Aurnn Harding, Hawkins, ITise, Edwin N. Hub- 
bell, James 1!. Hubbell, Humphrey/, Hunter, Kfrr, Knyken- 
dall, LeUlotid, L'ftwich, Marslwll, McCidlnugh, Aihlach; 
Nicholson, A'/i'W, Phelps, liadford, SamuelJ. UandnV, Hit- 
ter, Rog'n-, li'ias, Roussean. Slianldin, SUiireaveK. Strouse, 
Tuber, JVat/ianirl G. Tai/lor, Nelson T'jylor. Tlioraton, Trim- 
ble, Andrew II. Ward, Winjield, Wright— i6. 

Same da}- — The Senate passed the bill — yeas 
35, nays 7, as follow : 

Yeas — Messrs. Brown, Cattell, Chandler, Conness, Cragin, 
Creswftll, E Imunds, Fessenden, Fogg, Foster, Fowler, Fre- 
linghnysen, Harris, Henderson. Hmvard, Howe, Jo/inson, 
Kirkwood, Line. Morgan, Morrill, Pol md, Pi.meroy, Ram- 
ley, Ross, Sherman, Stewart, Sumner. Trumbull, Van VVin- 
tle. Wade, Widey, \Wltiams, Wilson. Yates— .35. 

N\r3 — .\le?sis."j!?);c/.a/eM), Cowan, Davis, HendricJcs, Kes- 
nil/i, FatUrsnn, Saulsbury — 7. 

March 2 — The bill was vetoed. 

Same day — The House re-passed the bill — 
yeas 138, nays 51, as follow: 

Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnell, 
Delos B. Ashley, James M. As.iley, Baker. Baldwin, L'anks, 
Barker, Ba.xter, Beaman, Benjamin, Bidwell, Bingham, 
Blaine, Blow, Bontwell, Brandegee, Bromwell, Biooniall, 
Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, 
Conkling, Cook, Cnlloni, Darling, D^ivis, Dawes, Defree«, 
Delano, Deming, Dixon, Dodge, Dunnelly, Driggs, Dumont, 
Eckley, Eggleston, Eliot, Farnsworlh, Farqnhar, Ferry, 
Garfield, Grinnell. Griswold, Abner C. Harding, Itirt, Hayes, 
Henderson, Iligby, Hill, Holmes, Hooper, Hotclikiss, Asahel 
W. Hubbard, Chester D. Hubbard, Oemas Hubbard, jr., 
John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, 
Jenckes, Julian, Kasson, Kelley, Kelso, Ketcliam, Kooniz, 
Laflin, George V. Lawrence, William Lawrence, Loan, Long- 
year, Lynch, Marqui-tte, Marston, Marvin, Mavnard Mc- 
Clurg, Mclndoe, McKee, McRuer, Mircnr. Miller, Moor- 
head, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, 
Paine, Patterson, Perliam, Pike, Plants, Pomeroy, Price, 
Raymond, Alexander H.Rice, John H. liice, Rollins, Sawyer, 
Scheuck, Sco.field, Sliellabarger, Sloan, Spalding, Starr, Ste- 
vens, Stokes Thiiyer, Francis 'J honias, John L. Thomas, jr., 
Trowbi'idge, U|isiin, Van Aernam, Burt Van Horn, Robert T. 
Van Horn, Hamilton Ward, Warner, Henry D. Washburn, 
William B. Washburn, Welker, Wentworth. Whaley, Wil- 
liams, James F. Wilson, Stephen F. Wilson, Windom, Wood- 
bridge, and Speaker Colfas — 138. 

Nays — Messrs. Ancona, Bergen, Boyer, Campbell, C/ianler, 
Cooper, Datvson, Denison, Eldridge, Finck, GlossbriLnner, 
Goodyear, Hale, Aaron Harding, Harris, Hawkins, Hise, 
Hojan, Edwin N. Hubbell, Humphrty, Hunter, Joves, Kerr, 
Kuydendall, Latham, Le Blond, Leftwich, Marshall, McCul- 
Xough,Nil>lacl:, J^t icholson, Noell, Phelps, Radford, SnmudJ. 
Randall, Ritter, lingers, Rors,'Ronssenu,Shankl in, Silgreoves, 
Stillwell, Slrouse, 'I'uber, Nathaniel G. Taylor, Nelson Taylor, 
Thornton, Trimble, Andrew H. Ward, Winfield, Wright — 51. 

Same day — The Senate re-passed it — yeas 38, 
nays 10, as follow: 

Yeas — Messrs. Anthony, Cattell, Chandler, Conness, Cra- 
gin. Creswell, Edmunds, Fessenden, Fogg, Foster, Fowler, 
Frelinghnysen, Grimes, Harris, Henderson, Howard, Howe, 
Johnson, Kirkwood, Lane, Morgan. Morrill, Nye, Poland, 
Piimeroj', Ramsey, Ross, Sherman, Spragne, Stewart, Sum- 
ner, Trumbull, Van Winkle, Wad-e, Willey, Williams, Wil- 
eou, Yates — ■'>S> 



Nays — Messrs. Buckaleiv, Cnivrm, Davis, Dixon, Doolittle, 
Hendricks, Ncsmiih, Norton, Pat Irr son, SmUbury — 10. 

Whereupon the PresI'DKNt of the Senate dn- 
clared the bill to be a lav/. 

Veto of the Civil Tenure Bill, March 2, 1867. 

2\j tJie Senate of the United States: 

I have carefully examined the bill " to regu- 
late the tenure of certain civil offices." The 
material portion of the bill is contained in the 
firstsection, and isof the elfect following, namely : 
" That every person holding any civil office to 
which he has been appointed by and with the 
advice and consent of the Senate, and every per- 
son who shall hereafter be appointed to any such 
office and shall become duly qualified to act 
therein, is and shall be entitled to hold such 
office until asuccessor shall have been ."^pointed 
by the President, with the advice and consent 
of the Senate, and duly qualified ; and that the 
Secretaries of State, of tlie Treasury, of War, of 
the Navy, and of the Interior, the Postmaster 
General, and the Attorney General, shall hold 
their offices respectively for and during the term 
of the President by whom they may have been 
appointed, and for one month thereafter, subject 
to removal by and with the advice and consent 
of the Senate." 

These provisions are qualified by a reservation 
in the fourth section, " tliat nothing contained 
in the bill shall be construed to extend the term 
of any office the duration of which is limited by 
law." In effect the bill provides that the Presi- 
dent shall not remove from their places any of 
the civil officers whose terms of service are not 
limited by law, without the advice and consent 
of the Senate of the United States. The bill in 
this respect conflicts, in my judgment, with the 
Constitution of the United States. The question, 
as Congress is well aware, is by no means a new 
one. That the power of removal is constitution- 
ally vested in the President of the United States 
is a principle which has been not more distinctly 
declared by judicial authority and judicial com- 
mentators than it has been uniformly practiced 
upon by the legislative and executive depart- 
ments of the Government. The question arose 
in the House of Representatives so early as the 
16th of June, 1789, on the bill for establishing 
an executive department denominated " The De- 
partment of Foreign Affairs." The first clause 
of the bill, after recapitulating the functions of 
that officer and defining his duties, had these 
words : " to be removable from office by the 
President of the United States " It was moved 
to strike out these words, and the motion was 
sustained with great ability and vigor. It was 
insisted that the President could not constitu- 
tionally exercise the power of removal exclu- 
sively of the Senate ; that the Federalist so in- 
terpreted the Constitution when arguing for its 
adoption by the several States; that the Consti- 
tution had nowhere given the President power 
of removal, either expressly or by strong impli- 
ca.tion, but, on the contrary, had distinctly ]iro- 
vided for removals from office by impeachment 
only. 

A construction which denied the power of 
removal by the President was further maintained 
by arguments drawn from the danger of the 



174 



POLITICAL MANUAL. 



abufi" fif tlio power ; from tho supposed tendency 
ot an c-xpo-ure of public officers to capricious 
removal to impair the efficiency of the civil ser- 
vice; from the alleged injustice and hardship of 
displacing incumbents dependent upon their offi- 
cial stations, without sufficient consideration ; 
from a supposed want of responsibility on the 

§art of the President; and from au imagined 
efect of guaranties against a vicious President 
who might incline to abuse the power. On the 
other hand, an exclusive jiower of removal by 
the President was defended as a true exposition 
of the text of the Coii»titution. It was main- 
tained that there are certain causes for which 
persons ought to be removed from office without 
being guilty of treason, bribery, or malfeasance, 
and that the nature of things demands that it 
should be so. " Suppose," it was said, " a man 
becomes insane by the visitation of God, and is 
likely to ruin our affairs, are the hands of the 
Government to be confined from warding off the 
evil? Suppose a person in offii-e, not possessing 
the talents he was judged to have at the time of 
the appointment, is the error not to bo corrected ? 
Suppose he acquires vicious habits and incurable 
indolence, or total neglect of the duties of )iis 
office, which shall woilc mischief to the public 
welfare, is there no way to arrest the threatened 
danger ? Suppose he becomes odious a,nd unpop- 
ular, by reason of the measures he ];)urrtues— and 
this he may do without committing any positive 
offense against the law — must he preserve his 
office in despite of the popular will? Suppose 
him grasping for his own aggrandizement and 
the elevation of his connections by every means 
short of the treason defined by the Constitution, 
hurrying your afi'airs to the preci]iice of destruc- 
tion, endangering your domestic tranquillity, 
plundering you of the means of defense, alien- 
ating the affection of your allies, and promoting 
the spirit of discord; must the tardy, tedious, 
desultory road by way of impeachment be trav- 
elled to overtake the man who. barelj'- confining 
himself within the letter of the law, is employecl 
in drawing olY the vital principle of the Govern- 
ment? The nature of tfiings, the great objects 
of society, the express objects of tho'Constitiition 
itself, require that this thing should be other- 
wise. To unite the Senate with the President 
in the exercise of the power," it was said, " would 
involve us in the most serious difficulty. Sup- 
pose a discovery of any of those events should 
take {ilaco when the Senate is not in session, how 
is the remt'dy to be applied ? The evil could be 
avoided in no other way than by tlie Senate sit- 
ting ahvays." In rejijard to the danger of the 
[lower being abused if exercised by one man, it 
v/as said " that the danger is as great with 
respect to the Senate, wlio are assenibled from 
various parts of the continent, with different 
impressions and opinions ;" "that such a body 
is more likely to misuse the power of removal 
ilian the man whom the united voiceof America 
calls to the presidential chair. As the nature 
of government requires the power of removal," 
it was maintained " tliat it should be exercised 
in this way by the hand capable of exerting it- 
s<df with effect; and the power must be con- 
ferred on the President by tho Constitution, as 
the executive officer of the Government." 



Mr. Madison, whose adverse opinion in the 
Federalist had been relied upon by those who 
denied the exclusive power, now participated in 
the debate. He declared that he had reviewed 
his former opinions, and he summed up the 
whole case as follows: 

"Tho Constitution affirms tliat the PXPCiitive power is 
Vfstetl in tin; l^resiileiit. Arc tltcro c'.xce|itioiis to tiiis prop- 
osition? Yts, (here are. Tlie Constitution says tliat in 
appointing to office the Senate shall be as.sociatec] with lUe 
Hresidciit, unless in the ciiso of interior officers, wlieu the 
law shall otherwise direct. Have we (that is, Conjrresg) a 
right to extend this exception? I believe not. Iftho Con- 
stitution has invesUd all executive power in the President, 
I vmturo to assert that the lejiislature has no riglit to di- 
minish or modify his executive authority. The question 
now resolves itself into this: Is the iiower of (lisjilacing .in 
executive power? I conceive that if any power whatsoever 
is in tho Executive it is the power of appointiufr,o\er6eeii)g, 
and controlling those who execute the laws. It the Consti- 
tulion had not qualified the power of the President in ap- 
pointing to office by associating the Senate with him in th;it 
husincss, would it not be clear that he would have the .ight, 
by virtue of his executive power, to make such appdim- 
nienti' Sliould we be authorized, in defiance of thai ■ lause 
in the Constitution — ' The executive power shall be vested 
in tho Picsideut'— to iiiiite Ihe Senate with tli^ Pi-p,,idcnt in 
the appointment to office? I eou'eive not. Ifit isadmitted 
that wo elioul I not be authorized to do this, 1 tliink it mav 
be disputed wheiiier we have u iij:ht to af.-ociate them in 
reoioving jiersons from office, the one power beint; as nmili 
of an executive nature as tlie other; and the fiist one is 
authorized by being excepted out of the general lule estab- 
lished liy 1 he Constitution in these words: 'The executive 
power shall be vested in the President.' " 

The question thus ably and exhaustively ar- 
gued was decided by the House of Eepresenta- 
tives, by a vote of thirty-four to twenty, in favor 
of the principle that the executive power of re- 
moval is vested by the Constitution in the Exec- 
utive, and in the Senate by the casting vote of 
the Vice President. 

Tlie question has often been raised in subse- 
quent times of high excitement, and the practice 
of tlie Government has nevertheless conformed 
in all cases to the decision thus early made. 

The question was revived during the adminis- 
tration of President .lackson, who made, as is 
well recollected, a very large number of remov- 
als, which were made an occasion of close and 
rigorous scrutiny and remonstrance. The sub- 
ject was long and earnestly debated in the Sen- 
ate, and the early construction of the Constitu- 
tion was nevertheless freely accepted as binding 
and conclusive upon Congress. 

The question came before the Supreme Court 
of the United States in January, 1839, ex parte 
He.nnen. It was declared by the Court on that 
o<^casion, that the power of removal from office 
was a subject much disputed, and upon which a 
great diversity of opinion was entertained in the 
early history of the Government. This related, 
however, to the jiowerof the Presiilent to remove 
oflicers appointed with the concurrence of the 
Senate; and the great question was whether the 
removal was to be by the President alone, or 
with the concurrence of the Senate, both con- 
stituting the appointing power. No one denied 
the power of the President and Senate jointly 
to remove where the tenure of the office was not 
fixed b3- the Constitution, which was a full recog- 
nition of the principle tliat the power of removal 
was incident to the power of appointment; but 
it was very early adopted as a practical con- 
struction of the Constitution, that this power 
was vested in the President alor.e ; and such 
would appear to have been the legislative con- 



PRESIDENT JOHNSON S MESSAGES. 



175 



•i.uction of tlie Constitution, for in the organi- 
-aiion of the three great iJepartments of State, 
V\'ar, and Treasur^^ iu the year 1789, provision 
Was made for tlie appointment of a subordinate 
olfi.cer by the head of the Lepartment, whoshould 
have charge (>f the records, books, and papers 
appertamitig to the oihce when the head of the 
Department should be rmnoved from office by the 
President of tlie United States. "When the Navy 
Deriartment was established, in the year 1796, 
])rovision was made lor the charge and custody 
of tiie bool^:s, recoi'ds, and documents of the De- 
partment in case of vacancy in the oflice of Sec- 
retary by removal or otherwise. It is not here 
said " by removal of the President," as is done 
with respect to the heads of the other Depart- 
ments, yet there can be no doubt that he holds 
his olTice with the same tenure as the other Sec- 
retaries, and is removable by the President. The 
change of phraseology arose, probably, from its 
liaving become the settled and well-understood 
construction of the Constitution that the power 
of removal was vested in the President alone iu 
such cases, although the appointment of the of- 
ficer is by the President and Senate. (13 Peters, 
page 139.) 

Our most distinguished and accepted commen- 
tators upon the Constitution concur in the con- 
struction thus early given by Congress, and thus 
sanctioned by the Su[)reme Court. After a full 
analysis of the congressional debate to which I 
have referred, Mr. Justice Story comes to this 
conclusion: "x\fter a most animated discussion, 
the vote finally taken in the House of Repre- 
sentatives was afiirmative of the power of re- 
moval in the President, without any co-operation 
of tlie Senate, by the vote of thirty-four mem- 
bers against twenty. In the Senate, the clause 
in the bill affirming the power was earned by 
the ca-ting vote of the Vice President. That 
the final decision of this question so made was 
greatly influenced by the exalted character of 
the President then in office, was asserted at the 
time, and has always been believed, yet tlie doc- 
trine was opposed as well as supported by the 
highest talents and patriotism of the country. 
The public have acquiesced in this decision, and 
it constitutes, perhaps, the most extraordinary 
case in the histor}^ of the Government of a power 
conferred by implication on the Executive by 
the assent of a bare majority of Congress, which 
has not been questioned on many other occa- 
sions." Tlie commentator adds: "Nor is this 
general acquiescence and silence without a satis- 
factory explanation." 

Chancellor Kent's remarks on the subject are 
as follows : 

"On tlie first organization of the Government it was made 
a que-tion wliftlicr the power of removal In case of otticers 
appointed to hold at pleasure resided nowliere but in the 
body which appointed, and, of course, whether the consent 
of the Senate was not requisite to remove. This was the 
construction given to the tonstitution while it was peudini^ 
tor ratifiiiition before the Stnte conventions, ly the author 
of the Federalist. But the construction which was given 
to the Constitution by Coiigri'ss, after great consideratiun 
and discussion, was different. The woids of the act (estab- 
lishing the Treasury Department) are: 'And wheue^er the 
same shall be removed from uffico by the fresident of the 
United States, or in any other case of vacancy in the office, 
the assistant shall act.' This amounted to a legislative con- 
Btructiun of the Constitution, and it has ever since bef-n 
acquiesced in and acted upon as a decisive aulliorit.v in the 
eise. It applies equally to every othei oflicur of the Got 



ernmcnt appointed Iiy the President, wlifs.- terra of dura- 
tion is not specially di-clared. It is siipperled bv the \vcii;liiy 
reason that the subordinate officers m the executive ili pai t- 
nient ought to IniUI at the pleasure of the IkiuI at' ibe .!(- 
(lartinent, becaiise he is invested gcnt-rallv wiili lln- exi'cii- 
tivo authority, and tlie participation in that anthoi ity i.y 
the Senate was an exception to a geneml piim iple and 
ought to be taken strictly. The rri'sident is the great 
responsible officer for the faithful execniion of the law, and 
the power of removal was incidental to thatduty,unU might 
often be requisite to fulfill it." 

Thus has the important question presented by 
this bill been settled, in the language of the late 
Daniel Webster, (svho, while dissenting from it, 
admitted that it was settled.) by constructioii, 
settled by precedent, settled by the jiractice of 
the Government, and settled by statute. The 
events of the hist war furnished a practical con- 
firmation of the wisdom of the Constitution as 
it has hitherto been maintained, in many of its 
parts, including that which is now the subject 
of consideration. When the war broke out. rebel 
enemies, traitors, abettors, and sj'inyiathizers, 
were found in every Department of the Govern- 
ment, as well in the civil service as in the land 
and naval military service. They were found 
in Congress and among the keepers of the Capi- 
tol; in foreign missions; in each and all of the 
executive Departments; in the judicial service; 
in tlie post office, and among the agents for con- 
ducting Indian affairs. Upon probable suspicion 
they were promptly displaced by my predeces- 
sor, so far as they held their offices under exec- 
utive authority, and their duties were confided 
to new and loyal successors. No complaints 
against that power or doubts of its wisdom were 
entertained in any quarter. I sincerely trust 
and believe that no such civil war is likely to 
occur again. I cannot doubt, however, that in 
whatever form, and on whatever occasion, sedi- 
tion can raise an effort to hinder, or embarrass, 
or defeat, the legitimate action of this Govern- 
ment, whether by preventing the collection of 
revenue, or disturbing the public peace, or sep- 
arating the States, or betraying the country to a 
foreign enemy, the pov/er of removal from office 
by the Executive, as it has heretofore existed 
and been practiced, will be found indispensable. 

Under these circumstances, as a depository of 
the executive authority of the nation, I do not 
feel at liberty to unite with Congress in revers- 
ing it by giving my approval to the bill. At 
the early day when this question was settled, 
and, indeed, at the several periods when it has 
subsequently been agitated, the success of the 
Constitution of the United States, as a new anl 
peculiar system of free representative govern- 
ment, was held doubtful in other countries, and 
was even a subject of patriotic apprehension 
among the American people themselves. Atrial 
of nearly eighty years, through the vicissitudes 
of foreign conflicts and of civil war, is confidently 
regarded as having extinguished all such doubts 
and apprehensions for the future. During that 
eighty years the people of the United Stales have 
enjoyed a measure of security, peace, prosperity, 
and happiness never surpassed by any nation. 
It cannot be doubted that the triumphant suc-^ 
cess of the Constitution is due to the wonderfu' 
wisdom with which the functions of government 
were distributed between the three principal De- 
partments — the legislative, the executive, and 
the judicial— and to the fidelity with which each 



rOLITICAL MANUAL. 



hits confined itself or been confined by the gen- 
eral voice of the nation within its peculiar and 
jiropcr sphere. While a just, proper, and watch- 
ful jealousy of executive power constantlj- pre- 
vails MS it ought ever to prevail, yet it is equally 
true that an ethcient Executive, capable, in the 
language of the oath prescribed to the President, 
of executing the laws, and, within the sphere of 
execuiive action, of preserving, protecting, and 
dnfcuding the Constitution of the United States, 
is an indispensable security for tranquility at 
home, and peace, honor, and safety abroad. 
Governments have been erected in many coun- 
tries upon our model. If one or many of them 
have tliu.s far failed in fully securing to their 
people the benefits which we have derived from 
our system, it mayte confidently asserted that 
their misfortune has resulted from their unfortu- 
nate failure to maintain the integrity of each of 
the tbree great departments while preserving 
harmony among them all. 

Having at an early period accepted the Con- 
stitution in regard to the executive office in the 
sense in which it was interpreted with the con- 
currence of its founders, I have found no sufficient 
grounds in the arguments now opposed to that 
construction or in any assumed necessity of the 
times for changing those opinions. For these 
reasons I return the bill to the Senate, in which 
house it originated, for the further consideration 
of Congress which the Constitution prescribes. 
Insomuch as the several parts of the bill which 
I have not considered are matters chiefly of de- 
tail, and are based altogether upon the theory 
of the Constitution from which I am obliged to 
dissent, I have not thought it necessary to ex- 
amine them with a view to make them an occa- 
sion of distinct and special objections. 

Experience, I think, has shown that it is the 
easiest, as it is also the most attractive of studies 
to frame constitutions for the self-government 
of free States and nations. But I think experi- 
ence has equally shown that it is the most diffi- 
cult of all political labors to preserve and main- 
tain such free constitutions of self-government 
when once happily establishf>d. I know no 
other way in which they can be preserved and 
maintained, except by a constant adherence to 
them through the various vicissitudes of national 
existence, with such adaptation.? as may become 
necessary, always to be effected, however, thruagh 
the agencies and in the forms prescribed in the 
original constitutions themselves. 

Whenever administration fails, or seems to 
fail, in securing any of the great ends for which 
repuljlican government is established, the proper 
course seems to be to renew the original spirit 
and forms of the Constitution itself. 

Andrew Johnson. 
Washington, March 2, 1867. 

Copy of the Bill Vetoed. 

An Act regulating the tenure of certain civil 
offices. 
He it enacted by the Senate and House of Jirp- 
rescntaiives of the United States of America in 
Congress a.ssembled. That every person holding 
any civil office to which he has been appointed 
by and with the advice and consent of the Sen- 
ate and every person who shall hereafter be ap- 



pointed to any such office, and shall become duly 
qualified to act therein, is, and shall be, entitled 
to hold such office until a successor shall have 
been in like manner appointed and duly quali- 
fied, except as herein otherwise provided: Fro- 
vidcd, That the Secretaries of State, of the 
Treasur}', of War, of the Navy, and of the In- 
terior, the Postmaster General, and the Attorney 
General shall hold their oflices respectively for 
and during the term of the President by whom 
they may have been appointed, and for one 
month thereafter, subject to removal by and 
with the advice and consent of the Senate. 

Sec. 2. That when any officer appointed as 
aforesaid, exce[iting judges of the United States 
courts, shall, during the recess of the Senate, be 
shown, by evidence satisfactory to the President, 
to be guilty of misconduct in office, or crime, or 
for any reason shall b'^come incapable or legally 
disqualified to perform its duties, in such case, 
and in no other, the President may suspend such 
officer, and designnte some suitable person to 
perform temporarily the duties of such office 
until the next meeting of the Senate, and until 
the case shall be acted upon by the Senate; and 
such person, so designated, shall take the oaths 
and give the bonds required by law to be taken 
and given by the person duly appointed to fill 
such office ; and in such case it shall be the duty 
of the President, within twenty days after the 
first day of such next meeting of the Senate, to 
report to the Senate such suspension, with the 
evidence and reasons for his action in the case 
and the name of the person so designated to per- 
form the duties of such office. And' if the Senate 
shall concur in such suspension, and advise and 
consent to the removal of such officer, they shall 
so certify to the President, who may thereupon 
remove such officer, and, by and with the advice 
and consent of the Senate, appoint another per- 
son to such office. But if the Senate shall refuse 
to concur in such suspension, such officer so sus- 
pended ihall forthwith resume the fu actions of 
his office, and the powers of the perscn so per- 
forming its duties in his stead shall i;case, and 
the official salary and emoluments of s ich officer 
shall, during such suspension, belong to the per- 
son so performing the duties thereof, and not to 
the officer so suspended : Provided, however, That 
the President, in ca?e he shall become satisfied 
that such suspension was made on insufficient 
grounds, shall be authorized, at any time before 
reporting such suspension to the Sena'e as above 
provided, to revoke such suspension and rein- 
state such officer in the performance of the duties 
of his office. 

Sec. 3. That the President shall have power 
to fill all vacancies which may happen during 
the recess of the Senate, by reason of death or 
resignation, by granting commissions which shall 
expire at the end of their next session there- 
after. And if no appointment, by and with the 
advice and consent of the Senate, shall be made 
to such office so vacant or temporarily filled as 
aforesaid during such next session of tlio Senate, 
such office shall remain in abeyance without any 
salary, fees, or emoluments attached thereto, 
until the same shall be filled by appointment 
thereto, by and with the advice and consent c^ 
the Senate ; and during such time all the powers 



PRESIDENT JOHNSON S MESSAGES. 



177 



and duties belonging to such office shall be exer- 
ci^ed b\' i^iMh other offii-er as may by law exer- 
cise such fiovvers and duties in case of a vacancy 
in sucli offii-e 

Sec. 4. That nothingin this nctcontained shall 
be construed to extend tlie terni of any office the 
duratinii of wliicli is liiiiited by law. 

buc. T). Tliat if any jierson shall, contrary to 
the provisions of this act, accept anj- appoinrnent 
to or eiiijilnyment in any office, or shall hold or 
exercise, or attempt to hold or exercise, any such 
office or employment, he sliall be deemed, and is 
herebv declared to be, guilty of a liigli misde- 
meanor, and, upon trial and conviction thereof, 
lie shall be punished therefor by a fine not ex- 
ceeding ten tliousMnd dollars, or by imprison- 
ment not. exceeding five years, or both said pun- 
islirnents, in the discretion of the court. 

8ec. 6. Tliat every removal, appointment, or 
employment made, had, or exercised, contrary 
to the provisions of tiiis act, and the making, 
signing, sealing, countersigning, or issuing of any 
commission or letter of authority for or in re 
spect to ;iny such appointment or employment, 
shall ho deemed, and are hereby declared to be, 
high misdemeanors, and, upon lrinl and convic- 
tion thereof, every person guilty thereof sliall be 
puni.<lied by a fine not exceeding ten thousand 
dollars, or by imprisonment not exceeding five 
yenrs, or both said punishments, in the discretion 
of the court: Provided, That the President shall 
have power to make out and deliver, after the 
adjournment of the Senate, commissions ibr all 
otfii'ers whose appointment shall liave been ad- 
'ised and consented to by the Senate. 

Sec. 7. That it shall be the duty of the Secre- 
v-vy of the Senate, at the close of eacli session 
iijoreof, to deliver to the Secretary of the Treas- 
ury, A'ld to eacii of his assistants, and to each of 
the /^'jditors, and to each of the Comiitrollers in 
the Tiwvury, and to tlie Treasurer, and to the 
Registei 01 the Treasury, a full and complete 
list, duly certified, of all persons who shall have 
been nom.'nated to and rejected by the Senate 
during such session, and a like list of all the 
offi<:es to which nominations sliall have been 
ma'le and not confirmed and filled atsuch session. 

f^EC. 8. That whenever the President shall, 
without the advice and consent of the Senate, 
designate, authorize, or employ any person to 
perform the duties of any office, he shall lorth- 
with notify the Secretary of the Treasury thereof, 
and it shall be the duty of the Secretary of the 
Treasury thereupon to communicate such notice 
to all the proper accounting and disbursing offi- 
cers of his Department. 

Sec. 9. That no money shall be paid or re- 
ceived from the Treasury, or paid or received 
from or retained out of any public moneys or 
funds of the United States, whether in the Treas- 
ury' or not, to or by or for the benefit of any per- 
son apjiointed to or authorized to act in or hold- 
ing or exercising the duties or functions of any 
office contrary to the provisions of this act ; nor 
shall any claim, account, voucher, order, certifi- 
cate, warrant, or other instrument jirovidingfor 
or relating to sucli payment, receipt, or reten- 
tion, be presented, passed, allowed, approved, 
certified, or paid by any officer of the United 
States, or by any person exercising the functions 
'l2 



or performing the duties of any office or place 
of trust under tiie United States, for or in resnect 
to such office, or the exercising or perforn'ung 
the functions or duties thereof ; a»,d every per- 
son who shall violate any of tlie provisions of 
this section shall be deemed guilty of a high 
misdemeanor, and, upon trial and conviction 
thereof, shall be punished therefor by a fine not 
exceeding ten thousand dollars, or by imprison- 
ment not exceeding ten years, or botli said pun- 
ishments, in the discretion of the court. 

The votes on this bill were: 

February 18— The Senate passed it, as agreed 
upon by a committee of conference— yeas 22, 
nays 10, as follow : 

Yfas — ^1^■8,s•s. AiitlKin.v, Brewn, CIi;indIer,ronnpss, Fofrg, 
Fowler, Il'nder.soii, llnwiirJ, Howe, L.iiic, Morg;in, Morrill, 
Riuiise.v, Ross, (SliiTniim, Pti'W.irt, Sumner, Triinilmll, Wade, 
Millitinis. Wiisoti, Yiites — J'.i. 

Nays — Mcssr.-i, Biirkahm. Diivis, Dimn, Dn'^lillh, Hen- 
drlcl.s,J(ihns(in, McDoiigaU, PalUrsun. Vjiu Winkle, «iHey 
—10. 

February 19 — The House passed it — yeas 112, 
nays 41, as follow : 

Yeas — Missrs. Alley, Alli«on, Amps, Anderson. Arn"ll, 
Delos I!. AsIiI.'V, .Tatars M Aslilev, DiiUit, 15:ildwiti, Uiuiks, 
ISiixter, re:tni:ui, Iteiii'iiMin, l:iil"H|l, i;iiiini-, lilow, Dniil wiH, 
Uraiidopee, Bn.iMWfll, lir..oiii,ill, Bnckl.aid, R. ader W. 
Clirke, SMne.v ( lail-e, Colili, Cmdv, Cnlloin, Darling, Ueining, 
Dodge, Donm llj', Diigu's, lininont, Eggleston, E i f, Fann^ 
w.'rih, KMiqniiai, Fen v, Giinnell, A ncr (", llanliim. Mart, 
Ilayw, Henderson, llii;liv, Hill, Holioes, Hooper, Hotclikljs, 
lieiiiis lluldiai(l,,ir.. .I.diii H. lliiM.anl, llulliurd Ingeisidl, 
Julian, Kasson, Kelley, Kelso, Ketcliani, K ontz, Kuyken- 
ilall, I. atlln. George \". Lawrence, William Lawrenee, l.,oan, 
Li)ngyea', ],y iicli, Mai vin, Maynaid, Mclndoe, MeK'e, ^Ic- 
lliier, Mriur, Miller, Mvers, Newell, Orlli, Paim-, Palteison, 
Perliaiii, Pik", PI mis, I'onieroy, Price, William U Mandall, 
R yiiiond, Ale.\and. r II Ki,e, .Tolin H. liice, Rolj.ns, .Siw- 
.ye , Scheiick, .^cofield, liellal.ar;;er, Sloan, Spaldintr, Starr, 
Sleveiis, :^t lies, 'I'li.-iyer, .lolin L. Tliomas, jr , Trowl. ridge, 
U|is n, V.iii Aemaiii, Hurt Van H(jrn, n.>l.eitT, Van H..rn, 
llaniilton VV:iid, Warner, William IJ, Wasliljiirn, Welker, 
Weritwoi til, Williams, .James F, Wilson, Stephen F. Wilson, 
Winilom, Woodbiidge— 112. 

Nays — Messrs. Ancniiii, Bei-ijpti, Bnyer, Camph II. Chavhr, 
Cnoiier. Danfoii, Ihnixoii. KIdriige, Finck, Gl Sfbrcnticr, 
Aarim Iluidhig, Ihtnix, Hawkins, //ise, lfunip',rtij. l/imfcr, 
Kerr, Lai ham, Le Blind. LeJ'wih, Mcf'u\h)ag'i, SibUtck, 
iMdiol^dii, lladt'ird, Stimwl .1. Ilir.<laU. likler. Ili gers. 
Busk, ltou>seau, IShniilhn, Sitgreiive", Stillicell, laher. A'a- 
tliwidd Titiiliir,NtUnn T'ljlnr, Thornton, 'Trimble, Andrew 
II. Ward, \\ha.hy. Wright— i\. 

March 2— The bill was vetoed. 
Same day — The Senate re-passed it — yeas 35, 
nays 11, as follow : 

Ye\s — Messrs. Anthony, Cattel], Chandler, Conness, Cra- 
gin, E Ininnds, Fessenden, Fogg, Foster, Fowler, t'reling- 
liiiysen. Grimes, Harris, Hendeison, Howard, Kirkwood, 
Line, Morgai, Morrill, Nye, Poland, Pomeroy, Itamsey, 
Ross. Sherman, Spragne, Stewart, Snmner, Trumlnill, Van 
Winkle, Wade, Willey, Williams. Wilson, Yates— 35 

Nays — Messrs. Huckiilew, Cnwuv, D.in's. D xnn. DnnUttle, 
III ndrickf, Johnson, yesmitli, Norton, latlf.rson, SauUbury 
—11. 

Same day — The House re-passed it — yeas 138, 
nays 40, as follow : 

Yi;as — Messrs. Alley, Allison, Ames, Anderson, Arnell, 
Delos R. Ashley, .lames .M. Ashley, Baker, lialdwin, Banks, 
Barker, Ba.\ter, Heanian, Benjamin, Bidwell, ISin-hani, 
lilaiiip, Blow, Pontwell, Brandegee, Proniwell, Broomall, 
Bncklind, lundy. Reader W. Clarke, Sidney Clarke, Cohb, 
Coiiklint', Cook, Cullom, Darling, Davis, Oawes, Defrees, 
Delano, Deming, Di.xon, Dodge, Donnelly, Driggs, Duniont, 
Keklev, Kggleston, Eliot, Farnswortli, Farquliar, Kerry, Gar- 
field, "Griimell, Griswold, Hale, Aimer (J. H.iiding, Hart, 
Hawiiiiis, Haves, Henderson, lligb-v. Hill, H(dnies, Hooper, 
Hotclikis,s, Asahel W. Hubbard, Chester D. Hubb^iid, J(dm 
H Hiibbard,,'ames R. Hubbell, Hnlbnid, Ingersoll,.Jenckes, 
Julian, Kasson, Kelley, Kelso, Ketch ^m, Kooutz, Laflin, 
George V. Lawrence, William Lawrence, Loan, Longyear, 
Lyiuh, Marquette, Marston, Marvin. Maynard. McClurg, 
Mclndoe, McKoe, McRner, Meicur, Miller, .Moorhead, Mor- 
rill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, 



178 



POLITICAL MANUAL. 



Pattci-son, Pfiham, Pike. Plant', PrvitiTov, Price, William 
ll. Kaiidull, K:ivnii>iicl. Alexaixl.T H. Hice, .lolin 11. Ri.e, 
Rollins, Savvve'r, Sclienrk. ScofiiM, Stiellal)art,'or, Sloan, 
Spaldina, Sti.rr, !«t<ike^,Th:ivei-. l''raiic.i,sTlM'ina.",Tr'.wliriilt;e, 
Ulis<iM,V:in Ae. mini, Kurt Van Horn. Kubert T Vanlloiii, 
llaniill n Wnl, Warner. Henry D. WashlMirn, William IJ. 
Wahlil.nrn, WelUer, Wenlwortli, Wlialey, Willi mis, .lames 
F. WiUoii, .^^leplii'n F. Wilaon, Wiiidoni, Wooilhriilge, and 
gPKAKrit Colfax — ir.8. 

K\V!! — Mi'-ssrs. Arocna, Bfrqen, Boi/fr, Camphrll, ChanUr. 
Cocpcv. Damsnii, Eldriilf/e, F vch; Glosulirrniiei; Oamlye r, 
Aaron Hndiiiri, Hue, H r/civ, I'dirin X. Iliihlie.lL Hump' ri>i, 
Tliintfi-. ./ojics-. Latham, Le l!hm /, L-fwi'-li. M rsliiiU. McPul- 
Inug'i. Aihlu'h; Aichnlsov, Unilf rd, SamiielJ. Rnvdill. llit- 
tn; Il-geif, J'nss, Slianklin, .S'iV^/cuf-.v, SIroiise. Taher. A' Isrm 
Tayf-r, T/iorntim, Tnmblf, Andrew II. Ward, Wii'fidJ, 
Wright— IX 

Wherniinon tlie Speaker of the House declared 
tlie bill to be a law. 

Message Accompanying the Approval of the 
Army Appropriation Bill, March 2, 1867. 

To the llounc of Iiq>rcscn(atir('S: 

The act ontith_'d "An act making appropria- 
tions for tlie support- of the Army for the j-ear 
ending June 30, 1808, and for other purpose.s," 
contains jirovisions to winch 1 must call atten- 
tion. 

The.'^e provisions arc contained in the second 
seciion, which in certain cases virtually deprives 
the President of his constitutional functions as 
Commander-in-Chief of the Army, and in the 
sixth section, which denies to ten States of the 
Union ilieir constitutional right to protect them- 
selves, in any emergency, by means of their own 
militia. These provisions are out of [dace in an 
appropriation act. I am compelleii to defeat 
tnese necessary appropriations if I withhold my 
signature from the act. Pressed by these con- 
siderations I feel constrained to return the bdl 
with my signature, but to accompany it with 
my protest against the sections which I have 
indicated. Andrew Johnson, 

Wasuington, March 2, 1SG7. 

Tlie section? complained of are these : 
Sec. 2. Tiiat the headquarters of the General 
of the Army of the United States shall be at the 
city of Washington; and all orders and instruc 
tions relating to military operations, issued by 
the President or Secretary of War, shall be issued 
through the General of the Vrmy, and, in case 
of his inaliility, through the text in rank. The 
General of the Artny shall not be removed, sus- 
pended, or relieved from command, or assigned 
to duty elsewhere than at said headquarters, 
exce[iL at his own request, without the previous 
approval of the Senate; and any orders or in- 
6tru<:t,iotis relating to rnilitaiy oj)erations issued 
contrarjf to the requirements of this section shall 
be null and void ; and any officer who shall 
issue ordeis or instructions contrary to the pro- 
visions of this ssction shall be deemed guilty of 
a. misdemeanor in office; and any officer of the 
Army who shall transmit, convey, or obey any 
orders or instructions so issued, contrary to the 
provisions of this section, knowing that such 
orders were so issued, shall be liable to imjiris- 
onment for not less than two nor more than 
twentj' years, upon conviction thereof in any 
court of competent jurisdiction. 

Sec. 6. Tiiat all militia forces now organized or 
in service in eitberof theStatesof Virginia.North 
Carolina, South Carolina, Georgia, Florida, Ala- 



bama, Louisiana, Mississippi, and Texas, be forth- 
with disbanded, and that the further organization, 
arming, or calling into service of the said militia 
forces, or any part thereof, is liereoy yiroliibited 
under any circumstances whatever, until thesanie 
shall be authorized by Congress. 
In House. 

Pending this bill, 

February 20 — Mr. Bingham moved to strike 
out from the second section the words in the 
second sentence, prohibiting the removal, suspen- 
sion, &c., of the General without the previous 
a[)proval of the Senate; which was disagreed to 
— yeas 62, nays 69, as follow : 

Ye4* — Messrs. Ancnwi, B<'-//cn,Biiigh.im, Biickland, Comp- 
bell, ''ofiper. Itarlintr, Davis. Uawcs, Daws'ni, DenUrm, Eld- 
ridfie., Fari)uliar, Finck. Clnas.renne.-. (,'oni!i/e:ir, Aarnit 
Hardinii, llawkin", H'^e, Hik/hv, Filujin jV. Iluhlirll. .J:imej 
R. HiiMicll, Ilampliry, lliudir, KctLluini, Knvk'iidill 
Laflin, C.^.r-e V f.awrenc-e, I.e lilnnd, Lefirirh. L...an, 
Marshall, Marvin, McCulliaiqh McUuer, Mnoi'lu.ad, Nih''"-!:, 
Nlclmbnii. JVoell, PInOp^, Pike, Pomerov, lia'/ford, S rniveU. 
liandidl, ll:iy\miui\, Hillerliix/ers, Ifn.^s, Rousseau, Sehenik, 
f!''iii>k-lin, Sih.reave^, Ttihe.r, N Ih -vlel G TdiIh; Th-iypr. 
Tlinrnt<m, Trimile, Andnw H. Ward, William B. W^isb- 
bntn, Wlialey, W.nfidd, Wrighl—6± 

N^rs — Messrs. Alley, .\Ilisoi), Ames, .\rneU,. Tames M. Asli- 
l"y. Baker, Baldwin, Barker, Be.imai), Ben.janiiii, ]iid«eil, 
Blaine, l!l<iw. Bmitwell, Brandefrce, Broniwell, Bioomall. 
Bundy.Read.rW Clarke Sidiwy Clarke, CiilIon.,D.id-e. Don- 
nelly, Ktrpleslon, Eliot, Abner (J. Harding, Tl.art, Ileiili rson, 
llifrby. Hill, H(dmes. IIo per, llotrbkiss, Demas Unbb m , 
jr., .lobn II. Hubbard, llulbnnl. lugersoll, .Inlian, Kelley, 
Koontz. William I,a\vrei'<e, Lonpvi-ar. M;iTnard. Mc(}lnr^, 
Merrill-, Miller, Munlfon. Mvers, O'Neill, O'rtli. Paine, Pc'r- 
liam, Priee, Rollinh, Scofidd, SliellabarRer Spaldimr. S'ar-, 
Stevens, Stokes, Upson, Hamilton Ward. Warner, Henry D. 
Wasldairn, Welker, Wentwortli, Williams, Stepben F. Wil- 
son. Wind, mi — 63. 

Same day — Mr. Le Blond moved to strike out 
the second section ; which was disagreed to— 
yeas 41, nays 88, as follow : 

Yeas — Messrs. Aticona, Bergen, Bingham, Camplell. Conp- 
er. D.ivis, Daivsoii, /lenison. Kid ridge, Fiiiclc, Ghn-.xinenner, 
Gandi/eiir, Aaron Ilurdivg, IIi<e. Um/an, llamp'ireii Hun- 
ter, KiivkendiUI, LeBlnnd,'Leflwidi, Loan. Miirsliall, M Tvin. 
A'lhl idc, Aichohnn. N'eJi, Plielps, Undfi.rd, SamufI J. Rm 
dull, Ravinond, liitUr, Roussean, Sit'.reax-es, NutliaiiiH G 
Ta'jlnr, N'l on I'nyl'ir, TliornUm, Trimble, Andrew H Ward 
Wbaley, Wiiifield, Wright.— X\. 

N(y.> — Messrs. Alley, Allison, Ames, Arnell, Deloa R. 
Asbley, .lames M. .^slilcy. Baker, Barker, Baxter, Beaman, 
Benjamin. Bidwell. Blaine, Bontwcdl, L.andegee, lironiwell, 
Br oniall. Bniidy, Reader W. Clarke, i-'idney Clarke, Cook, 
Willnni A.Darling.Dodse, Donnelly, E'j;gleston, Eliot. Fanis- 
wortb, Faripili.ir. AbiierC. Harding;, Il.irt, IleniUixiii Ilig- 
by. Hill, Holmes, Hooper, Ilotelikiss, Demas Hnlibard. jr., 
.loi'ii 11. Hubbard, .lames 11 Hubbell. Ingeisoll, .luliaii. 
Kelley, Kelso. Koontz, Laflin, George V. Lawrence, Wil- 
liam l,mvrence, l.ongyear, Lyiieli, Marston, Mayiiard. Mc- 
1 Cling, iMcIndoe, McKuer. .Merciir, Miller, Moorliead. M.ul- 
! t(ui. Myers. Newell, 0" \eill, Ortli. Paine, Patters.. n. Perliam, 
[ Pike, Plants, I'lunerov, Price, J<diii II. Rice, Rollins, Sco- 
field..-liellalparger, Sloan. S[)i(ling, Starr, Stevens, s^tokes, 
.lobn L. Thomas, j... Trowbridge. Upsou. Bu't Van Horn. 
IlMiiiltoii Ward, Warner, VVulker, Wentwortli, Williams, 
Wiudoni— S8. 

February 26 — In Senate, a motion to strike 
out the second section was lost — yeas 8, nays 28, 
as follow : 

Ykas — Messrs. Bucl-alew, Diron, DoolittU, Heiiderson, 
Ilendnck.i. Jn/inson. Xortmi, I'atterson — 8. 

N vY.-; — Messrs. Anthony. Cli: udler, Conness, Cragin, Cres- 
well, Ediiiiinils, Fessende.'i, Fogg, Fa^ter, Freliugliuysen, 
Kiikwood, Morgan, Nye. Poland, Pomeroy, Uanis.y, Rosa, 
Slierni in. Sprague, Stewart, Sumner. Trumbull, Van Win- 
kle, Wai'e, WilK-y, Williams, Wil»oii, Yates— 2S. 

Veto of the Supplemental Reconstruction Bill, 
March 23, 18C7. 

To the House of Jieprcfciit'i.ti.ves: 

I have considered the bill entitled "An act 
supplementary to an act entitled 'An act to pro- 



PRESIDENT JOHNSON S MESSAGES. 



179 



vide for the more efficient government of the 
rebel States,' passed Marcli 2, 18G7, and to facil- 
itate restoration," and now return it totlie House 
of Kepresentatives, with my objections.* 

Tliis bill jirovides for elections in the ten States 
brought under the operation of the original act 
to whii'ii it is supplementary. Its details are 
prinei[ially directed to the elections for the for- 
mation of the State constitutions, but by the 
sixth section of the bill "all elections" in these 
States occurring while the original act remains 
in lorce are brought within its [lurview. Re 
fen ing to the details, it will be found that, fir.st 
of all, there is to be a registration of the voters. 
No one whose name has not been admitted on 
the list is to be allowed to vote at any of these 
elections. To ascertain who is entitled to regis- 
tration, reference is made necessary, by tiie ex 
press language of the supplement, to the origi- 
nal act and to the pending bill. The filth sec- 
tion of the original act provides, as to voters, 
that tiiey shall be '"male citizens of the State, 
twenty one years old and upward, of whatever 
race, color, or previous condition, who have 
been resident of said State for one year." This 
is the general qualification, followeil, however, 
by many exceptions. No one can be registered, 
according to the original act, " who may be dis- 
franchised for participation in the rebellion," a 
provision which left, undetermined the question 
as to what amounted to disfranciiisenient, and 
whether, without a judicial sentence, the act 
itself produced that effect. This supplemental 
bill superadds an oath, to be taken iiy every 
person before his name can be admitted upon 
the registration, that he has " not been disfran- 
chised for participation in any rebellion or civil 
war against the United States." It thus imposes 
upon every person tiie necessity and responsi- 
bility of de.-iding for himself, under the peril of 
punishment by a miliiarj- commission, if he 
makes a mistake, what works disfranchisement 
by participation in rebellion, and what amounts 
to such participation. Almost every man — the 
negro as well as the white — above twenty-one 
years of age, who was resident in these ten 
States, during the rebellion, voluntarily or in- 
voluntarily, at some time and in some way, did 
participate in resistance to the lawl"ul authority 
of the (leneral Government. The question wiiii 
the citizen to whom this oath is to be proposed 
must be a fearful one; for while the bill does 
not declare that perjury may be assigned for 
6uch false swearing, nor fix any penalty for the 
offense, we must not forget that martial law 
prevails ; that every person is answerable to a 
military commission, without previous present- 
ment by a grand jury for any charge thr.t may 
be made against him ; and that the supreme au- 
thority of the military commander determines 
the question as to wliat is an offense, and what 
is to be the caeasure of punishment. 

The fourth section of the bill provides " that 
the commaniling general of each district shall ap- 
point as many boards of registration as may be 
necessary, coiisisting of three loyal officers or 
persons." Tht only qualification stated for these 
officers is ihat they must be " loyal " They may 
be persons in the military service or civilians. 



* For eopj »f the bill retoed, Me chap, xviii. 



residents of the State or strangers. Yet thesft 
persons are to exercise most important duties, ar.d 
are vested with unlimited discretion. They are 
to decide what names shall be placed upon the 
register, and Irom their decision there is to be no 
appeal. They are to sufierintend the elections, 
and to decide all questions which may arise. 
They are to have the custody of the ballots, and 
to make returns of the persons elected. What- 
ever frauds or errors they may commit must pass 
without redress. All that is left for the com- 
manding general is to receive the returns of the 
elections, open the same, and ascertain who are 
chosen " according to the returns of the officers 
who conducted said elections." By such means, 
and with this sort of agency, are the conven- 
tions of delegates to be constituted. 

As the delegates are to speak for the people, 
common justice would seem to require that they 
should have authority from the people them- 
selves. No convention so constituted will in 
any sense represent the wishes of the inhabitants 
of these States; for, under the all embracing 
exceptions of these laws, by a construction which 
the uncertainty of the clause as to disfranchise- 
ment leaves open to the board of officers, the 
great body of the people may be excluded from 
the polls, and from all opportunity of expressing 
their own wishes, or voting for delegates who 
will faithfully reflect their sentiments. 

I do not deem it necessary further to investi- 
gate the details of this bill. No consideration 
could indui'e me to give my approval to sucli an 
election law for any purpose, and especially for 
the great ymrpose of framing the constitution of 
a State. If ever the American citizen should be 
left to the free exercise of his own judgment, it 
is when he is engaged in the work of forming the 
fundamental law under which he is to live. 
That work is his work, and it cannot properly 
be taken out of his hands. All this legislation 
proceeds upon the contrary assumption that the 
people of each of these States shall have no con- 
stitution, except such as may be arbitrarily dic- 
tated by Congress and formed under the re- 
straint of military rule. A plain statement of 
facts makes this evident. 

In all these States there are existing consti- 
tutions, formed in the accustomed way by the 
people. Congress, however, declares that these 
constitutions are not "loyal and republican," 
and requires the peo[de to form them anew. 
What then, in tlie opinion of Congress, is neces- 
sary to make the constitution of a State " loyal 
and republican ?" The original act answers the 
question. It is universal negro suffrage — a ques- 
tion which the Federal Constitution leaves to 
the States themselves. All this legislative ma- 
chinery of martial law, military coercion, and 
political disfranchisement is avowedly for that 
y)urpose, and none other. The existing consti- 
tutions of the ten States conform to the acknowl- 
edged .standards of loyalty and republicanism. 
Indeed, if there are degrees in republican forms 
of government, their constitutions are more re- 
publican now than when these States — four of 
which were members of the original thirteen — 
first became members of the Union. 

Congress does not now demand that a single 
provision iji their constitutions be changed, ex* 



180 



POLITICAL MANUAL. 



cept Buch a<? confine suffrage to the wliite popn- 
lau'.'ii. Ir is a|>parent, tlieretore, that these 
provwioiis do not conform to the standard of 
rfmiblicniiisiii which Contrresf; seek^ to establish. 
That there may be no mi-take, it is f)nly neccs- 
Bary that reference sliould be made to t lie original 
a<rt. which declares "such constitution shall pro- 
vide'that the elective francliiFe shall be enjoyed 
bv all such persons as have the qualificaiioiis 
herein stated for electors of delegates." Wiiat 
class of [lersons is here meant clearly appears in 
the same section. Tliat is to say, " the male 
citizen^ of sai 1 Stale, twenty one years old and 
UDward, of whatever race, color, or jirevious con- 
dition, who have been resident in said State for 
one vear previous to the day of such election." 

Without these provisions no constitution which 
can be trained in any one of the ten States will 
be of any avail with Congress. This, then, is 
the test of what the constitution of a State of 
this Union must contain to make it republican. 
Measured by such a standard, how few of the 
States now composing the Union have republican 
constitutions! If, in llie exercise of the consti- 
tutional guaranty that Congress shall secure to 
every State a republican form of government, 
universal suffrage for blacks as well as whites is 
a sine qua von, the work of reconstruction may 
as well begin in Ohio as in Virginia, in Pennsyl- 
vania as in North Carolina. 

When I contemi>late the millions of our fellow- 
citizens of the South, with no alternative left but 
to imyioseupon themselves this fearful and untried 
exfieiiment of complete negro enfranchisement, 
and white disfranchisement it may be almost as 
complete, or submit indefinitely to the rigor of 
martial law, without a single attribute of free- 
men, de[irived of all the sai-red gua'\anties of our 
Federal Constitution, and threatened with even 
worse wrongs, if any worse are possible, it seems 
to me their condition is the most deplorable to 
whii-l) anv people can be reduced. It is true 
that tliev have been engaged in rebellion, and 
that, their object being a sejiaration of the States 
and a dissolution of the Union, there was an 
obligation resting upon every loyal citizen to 
treat them as enemies, and to wage war against 
their cause. 

Inflexibly opposed to any movement imperil- 
ing the integrity of the Government, I did not 
hesitate to urge the adofition of all measures 
necessary for the suppression of the insurrection. 
After a long and terrible struggle, the efforts of 
the Government were triumfihantly successful, 
and the peo[ile of the South, submitting to the 
stern arbitrament, yielded forever the issues of 
the contest. Hostilities terminated soon after it 
became my duty to assume the responsibilities 
of the Chief Executive officer of the Republic, 
and I at once endeavored to repress and control 
the passions which our civil strife had engen- 
dereu, and no longer regarding these erring mil- 
lions as enemies, again acknowledged them as 
our friends and our countrymen The war had 
accomplished its objects. The nation was saved, 
and that seminal principle of mischief which, 
from the birth of the Government, had gradually 
but inevitably brought on the rebellion, was 
totally eradicated. Then, it seemed to me, was 
the ausnicious time to commence the work of 



reconciliation; then, when the people soaghf 
once more our friendship and protection, I con- 
sidered it our duty generously to meet tliem in 
the spirit of charity and forgiveness, and to con- 
quer them even more effectually by the magnan- 
imity cl the nation than by the force of its arms. 
I yet believe that if the policy of reconciliation 
tinen inaugurated, and which contemplated an 
early restoration of these [)eO[)le to all their j>o- 
litical rights, had received the support of Con- 
gress, every one of these ten States, and all their 
people, would at this moment be fast am-hored 
in the Union, and the great work which gavs 
the war all its sanction, and made it just and 
holy, would have been accomplished. Then, 
over all tlie vast and I'ruitful regions of tlie South 
peace and its blessing would have prevailed, 
while now millions are deprived of rights guar- 
antied by the Constitution to every citizen, and, 
after nearly two years of legislation, find them- 
selves placed under an absolute military des- 
potism. "A military republic — a Government 
formed on mock elections and supported daily 
by the sword," was nearly a quarter of a century 
since proncninced by Daniel Webster, when 
speaking of the South American States, as a 
'• movement indeed, but a retrograde and flisas- 
trous movement from the regular and old- 
faslnoneil monarchical systems," and hei'dded: 

"If men wonM enjoy tlie tilessiiigs nf repul^lican gdvcrn- 
nieiit, they must pnviTii Hieniselvcs by renson. l>y mutual 
counsel iind consiilt.itinn. by :i sense ami leeliiiR of •;. iieraJ 
iiit>rest, anii l)y t' e aciiniesceiice nf the minority in I lie will 
of the inMJoritv. properly expies.'ieil : and. above all, he niili- 
tnry lnu^t be kejit. aoconling to (he laiigiiaiie of our l>ill of 
rights. iiiMt'ict sulioidiii;itioii to the civil authority. Wlieri'- 
ever 'his lesson is not bolli learned and practised, there can 
be no political frei'di tn. Ab nrd, pn-posteroiis is it. a scofT 
an<i a satire on free furina of constitutional libirty, for f'-rnis 
ot government to be prescribed by military leaders, and ilie 
right of siiffiage to be exercised at the point of the sword." 

I confidently believe that a time will come 
when these St;ites will afrain occupy their true 
yiositions in the Union. The barriers which now 
seem so oi)Stinate must yield to the force of an 
enlightened and just pulilic opinion, and sooner 
or later unconstitutional and oppressive legisla- 
tion will be effaced from our statute-books. 
When this shall have been consummated, I pray 
God that the errors of the past may be forgotten, 
and that once more we shall be a happy, united 
and y)rosperous people, and thatatla^t, after the 
bitter and eventful experience through which 
the nation has passed, we shall all come to know 
that our only safety is in the preservation of our 
Federal Constitution, and in according to every 
American citizen and to every State the rights 
which that Constitution secures. 

Andrew Johnson. 

Washixoton, March, 23, 1867. 

The votes on this bill were : 
In ITousk. 
March 19 — The test vote was on Mr. El- 
DiiiDGE's motion to table the report; which waa 
disagreed to — j^eas 26, nays 101, as follow: 

Ye\s — Messrs Jrcher, llames. lii'yr. Brooks, Burr, El- 
dridge. Fm, Gctz, GInxsbreniier, Ilai'/ht. fTnlman, Humftlirq/, 
Kirr. Marshall, Morrisscy , Muiigm, Nil'lack, Nicliolsim, 
Xofll. Pi-uyn, Jiandall, Robinson, Ross, Taber, Van Aulen, 
Wnnd—2iS. 

N.\Ys — Messrs. Allison, Ames, Anderson, Delos R. Ashley, 
.Tames M. Aphley, Haker, I'aldwin. Banks, Iteanian. Bing- 
ham, Blaine, Dlair, UoutwoU, Brooinall, Biukland, Butler, 



PRESIDENT JOHNSON S CABINET, ETC. 



181 



t te, Churchill, Reader W. Cl.-irko. Sidnty Clar'ce, Colib, 
C tiiirii. Cook, Cornell. Covodc, Ciilkim, Dodge, Donnelly, 
D IfTR;, Eclcley, Kggleston. Ela. F^riisworth, ierriss, Ferry, 
ll lids, OraTcly, lliilsey, llaiiiilton. Hooper, Iloiikins, Asa- 
be' VV. Hubbard. ( hester D. Iluliliaid, i.uiiter, Iiigorsoll, 
J.I (d, Jul'an, Kelley, Keteliani. Kitchen, Koontz, liaflin, 
M'i liatji Lawrence, l^incolii. L'iin, Lozm, Loiigbridge, 
Mailorv, Marvin, McClur^. Menur, Miller, Moore, M^r- 
rell, Myois, Newcomb. O'Neill, Orlh Paine, Perliani. Pile, 
Pol^■.ev, Itobertson, Sawyer, Sclienck, Scolicld. ; hanks, 
Slid aliariier, Spalding, Aaron F. Stevens, Stewart, Taffe, 
Thouas, Trowbridge, 'J'wicbi II, Upson, Van Aeriiani, Burt 
Van liorn, INjbert T. Van Horn, Van Wyek, Ward, Cad- 
walad> r ( '. VVashlnnn Henry D.Washburn, WelUer, Thomas 
WilliuniK, William Williams, .lames F. Wilson, .JnhnT. W'il- 
6on, Sit-pheu F. Wilson, Windom, Woodbridge — 101. 

In Senate. 
Ma.ch 19 — It passed without division. 
Mar.'li 2o— Tiie bill was vetoed. 
Sam day — The House repassed it — yeas 114, 
nays 2-'">, as I'oUow : 

YE.4S — liessrs. Allison, Ames, Anderson, Deles R. Ashley, 
Janie.s M Ashley, Baker, Baldwin, lianks, Be iman, Benja- 
min, Bents>n, Blaine, Blair, Boutwell, Brooniall, Bucklaiid, 
Butler, Cake. Churchill, Reader W. ( larke, Sidney Clarke, 
Cobb, I'obiirii. Co(jk, C rnell, Covode, Cnlloni, Dodge, Don- 
nelly, Drips^s, Eckley, Ersjiest <n. El.i, Farnswortli, Ferriss. 
Ferry, Fields, Finney, Garfield, Gravely, Halsey, Hamilton, 
Hayes. llill,HiPoper, Hopkins, Chester i). Hubbard, Hulburd, 
Hunter, Innerstdl, Jndd. Julian, Kelley, Ivelse>, Ketchani, 
Kitchen, Ki ontz, Lailin, William Lawrence, Lincoln, Loan, 
Liig.m, Loiiplirid);e, Mallnrv. Marvin, McCirthy, McClurg, 
Mercur. Miller, Moore, Morrell, Myers, Newcomb, ONeill, 
Ortli, I'aine, Perham, I'ete s, I'ile, Plants, Poland, I'olsley, 
Robei tgou. Sawyer. Schenck, Scofield. Selye, Shanks, .<hell:i- 
liarger, smith. Spalding, Aaron F. Stevens. Thaddeus Ste- 
vens, Stewart, Taffe, Thomas, Trowbridge, Twiehell, Upson, 
Van Aernam, Hurt Van Horn, Robert T. Van Horn, Van 
W.\ck. Ward, Cad waladerC. Wa<liburn, Henry D.AVashburn, 
Welker, Thomas Vrilliatns, William Uilliams, .lani's F. 
Wilson, John T. Wilson. Stephen F, Wilson, Windom, Wood- 
Ijrid-e— lU. 

N\YS— Messrs Barnes, Bnijer, Drnohs, Burr, Chanlrr, 
Eldriilgc. Fax, Gelr. Glossbrenner, I/aif/lil, ITiilinan. IIuiii- 
phrei/. Morsliull. M'lrrisse'/, Miiii(j(>n, Nihlaclc, Nicholsnn, 
Noeil, Prtiyn, Randall, lio'jinson, Ross, Taber, Van A uken. 
Van I'rump — 25. 



Same day — The Senate re-passed it— yeas 40, 
nays 7, as follow : 

Ye\s— Messrs. Anthony, Cameron, Chandler, Cattell, Cole, 
Conkling, Connees. Corbett, Cragin, Drake, PMmunds, Fes- 
senden. Fowler, Frelingliuysen, Harlan, Howard, Howe, 
J(ilins':n, Morgan, Lot M. Morrill, Justin S. .Moiiill, Moiton, 
Nye, Jas. W. Patterson, Pomeroy, Ramsey, Ros--, Shirman, 
Sprague. Stewart, Sumner. Thayer, Tijiton, Trumbull, Van 
WinUle, Wade, Willey, Williams, Wilson, Yates— 40. 

Nays— Messrs. Bucl.-aleu), DavU, Dixon, DuvHUle, Xorton, 
David T. Patterson, SanUbury —1 . 

Whereupon the President of the Senate de- 
clared the bill to be a law. 



Message accompanying tlio Approval of a Bill 
relating to Eeconstruction, March 30, 1867. 

To the ILiuse of Reprcsentativcs.- 
lw giving my approval to the "Joint reso- 
lution providing for the expenses of carrying 
into full effect an act entitled 'An act to provide 
for the more efficient government of the rebel 
States,'" I am moved to do .so for the following 
reason : The seventh section of the act supple- 
mentary to the act "for the more efficient gov- 
ernment of the rebel States" provides that all 
expenses incurred under or by virtue of that act 
shall be paid out of any moneys in the Treasury 
not otherwise appropriated. This provision is 
wholly unlimited as to the amount to be expend- 
ed, wliereas the resolution now before me limits 
the appropriation to $500,000. I consider this 
limitation as a very necessary check against un- 
limited expenditures and liabilities. Yielding to 
that consideration, I feel bound to approve this 
resolution, without modifying in any manner my 
objections heretofore stated against the original 
and supplementary acts. Andrew Johnson. 
Was:iington, March 30, 1867. 



XVI. 



MEMBERS OF THE CABINET OF PRESlDEiNT JOHNSON, 

AND or THE 

THIRTY-NINTH AND FORTIETH CONGRESSES. 



PRESIDENT JOHNSON'S CABINET. 

Sccrctayy of SUite — Wili.ia.m 11. Sewa'id, of New 
York.' 

Secnliuji of the Treasury — IIuGH McCuLLOCU, 
of Indiana. 

Secretary (f War — Edwin M. Stanton, of Ohio. 

Secretary of the Navy — Gideon Welles, of Con- 
necticut. 

Postmaster General — Alexander W. Randall, 
of Wisconsin, vice William Dennison, of Ohio, 
resigned July 11, 186G. 

Secretary of the Interior — Orville H. Brown- 
ing, of Illinois, vice James Harlan, of Iowa, 
resigned September 30, 1866. 

Attorney General — Henry Stanbery, of Ken- 
tucky, vice James Speed, of Kentucky, re- 
signed July 16, 186G. 



I THIRTY-NINTH CONGRESS. 

I Second Session, December 3, IQGG-March 2, 1867. 

The following changes took place from the list 

at the i'irst Session, as printed on pages 107 and 

lOS of the Manual lor 1866: 
Senate. 

New Ilamjishire — George G. Fogg, vice Daniel 
Clark, resigned August 9, 1866. 

New Jersey— Frederick T, Frelinghuysen, vice 
William Wright, deceased; Alexander G. Oat- 
tell, vice John P. Stockton, seat vacated. 

Tennessee — David T. Patterson (admitted July 
28, 1866;) Joseph S. Fowler (admitted July 
25, 1866 ) 

Kansas — Edmund G, Ross, (qualified July 25, 
1866, as successor to James H. Lane.) 



182 



POLITICAL MANUAL. 



House of RErEESEXxATivEs. 

New York — JolmW. Hunter, vice James Humph- 
rey, deceased. 

Pennsylvania — Philip Johnson, died January 31, 
18G7. 

Kenturbi — Elijah Hise, vice Plenry Grider, de- 
ceased ; Lovell n. Kousseau elected to fill the 
vacancy caused by his resignation July 20, 
IStiG; Andrew H. Ward, viceUraen Clay Smith, 
resigned. 

Tcnufssee — Nathaniel G. Taylor, Horace May- 
nard, William B. Stokes" Edmund Cooper, 
William D. Campbell, Samuel M. Arnell, Isaac 
l;. Hawkins, John W. Jjeltwich. (Messrs. 
Campbell, Arnell, and Hawkins qualified De- 
cember o, 18G6, tiie others July 24 and 25, 
1866) 

Nebraska — Thomas JI. Marquette, (qualified 
March 2, 1867.) 

Olaim.\:;.'s trom the Iksurregtiosary States 
— TiiiRTv-iS'iNTU Congress. 

In Senate, same as at first session, except James 
B. Campbell, of Soutli Carolina, vice John L. 
Manning, resigned; and David G. Burnett 
and 0. M. Roberts, of Texas, recently chosen. 

In House, J. jMcCaleb Wiley, of Alabama, vice 
George C. Freeman, deceased; and James P. 
Ilambleton, of Georgia, vice W. T. Wofford ; 
Texas— George W. Chilton, Benj. II. Epper- 
son, A. M, Branch, C. Herbert. (Mr. Bianch 
and Mr. Herbert were Representatives iu the 
Rebel Congress.) 

FOaXIZTII C0NaSE3S. 

First Session, March 4-30, 1867. 

Senate. 
_ Bexja.min F. Wade, of Ohio, President of the 
Senate, andactimj Vice President. 

John \V. Forney, of Pennsylvania. Secretary. 

J/ttiufi— Lot M. Morrill, William Pitt Fessea- 
den. 

A'cu' Hampshire — Aaron II. Cragin, James W. 
]'atter.-o:i. 

Vermoni — George F. Edmunds, Justin S. Mor- 
rill. 

JIassiichzisetis — Charles Sumner, Henry Wil- 
son. 

Rhode Island — -William Sprague, Henry B. 
Anthony. 

Connecticut — James Dixon, Orris S. Ferry. 

Neiv York — Edwiu D. Murgau, Roscoe Conk- 
ling. 

A'evj Jersey — Frederick T. Frelinghuysen, 
Alexander G. Cattell. 

Pennsylvania — Charles R. Buckalew, Simon 
Cameron. 

Delaware — George Read Riddle,'-' Willard 
Saulsbury. 

Maryland — Reverd)- Johnson, Philip Francis 
Thomas f 

Oliio — Benjamin F. Wade, John Sherman. 

Kcntuchi — Garrett Davis, .lames Guthrie. 

Tennessee — David T. Patterson, Joseph S. 
Fowler. 

Indiana — Thomas A. Hendricks, Oliver P. 
Morton. 

*l)i.ci \iuivii:;o, ihC7. 

fNiit ndniittud to ii Kent, lii» iirdeiiti:il.s Imving been ro- 
l\.rrea lu tliu Cuuimitluu uu (Uu Jiidiciur^. 



Illinois — Richard Yates, Lyman TrumbulL 
Mssouri — John B. Henderson, Charles D. 
Drake. 

Michigan — Zachariah Chandler, Jacob M. 
Howard. 

loiva — James W. Grimes, James Harlan. 
Wisconsin — James R. Doolittle, Timothy O. 
Howe. 

California — John Conness, Cornelius Cole. 
Minnesota — Alexander Ramsey, Daniel S. 
Norton. 

Orc^o/i— George H. Williams, Henry W. Cor- 
bett. 

Kansas — Edmund G. Ross, Samuel C. Pome- 
roy. 

IVest Virninia—Ttit'T G. Van Winkle, Wait- 
man T. Willey. 

Nevad" — William M. Stewart, James W. Nye. 
Nebraska — T. W. Ti[iton, John M. Thayer. 
House or Representatives. 
Schuyler Colfax, of Indiana, ISpeafcer. 
Edward McPherson, of Pennsylvania, Clerk. 
Maine — John Lynch, Sidney Perham, Jarnes G. 

Blaine, Jolin A. Peters, Frederick A. Pike. 
New Hampshire'-' — Jacob H. Ela, Aaron F. Ste- 
vens, Jacob Benton. 
Vermont — Frederick E. Woodbridge, Luke P. 

Poland, Worthington C. Smith. 
Massachusetts— Thom-.is D. Eliot, Oakes Ames, 
Ginery Twichell, Samuel Hooper, Benjamin 
F. Butler, Nathaniel P. Banks, George S. Bout- 
well, John D, Baldwin, William B. Washburn. 
Henry L. Dawes. 
PJtode /sl'ind — (Not elected.) 
Connecticut— (Not elected.) 

New yor/c— Stephen Taber, Demas Barnes, Wil- 
liam E. Robinson, John Fox, John Morrissey, 
Thomas E. Stewart, John W. Chanler, James 
Brooks, Fernando Wood, William II. Robert- 
son, Charles H. Van Wyck, John H. Ketcham, 
Thomas Cornell, John V. L. Pruyn, John A. 
Griswold, Orange Ferriss, Calvin T. Hulburd, 
James M. Marvin, William C. Fields, Addisoa 
H. Lafiin, .John C. Churchill, Dennis McCar- 
thj', Theodore M. Pomeroy, William II. Kel- 
sey, William S. Lincoln, Hamilton Ward, 
Lewis Selye, Burt Van Horn, James M. Hum- 
phrey, Henry Van Aernam, one vacancy. 
Neio Jersey — -William Moore, Charles Haight, 
Charles Sitgreaves, John Hill, George A. Hal- 
sey. 
Pennsylvania — Samuel J. Randall, diaries 
O'Neill, Leonard Myers, William D. Kelley. 
Caleb N. Taylor, Benjamin M. Boyer, John 
M. Broornali, J. Lawrence Getz, Thaddeus 
Stevens, Henry L. Cake, Daniel M. Van Au- 
ken, Charles Denison, Ulysses Mercur, George 
F. Miller, Adam J. Glossbrenner, William II. 
Koontz., Daniel J. Morrell, Stephen F. Wilson, 
Gleiini W. vScofield, Darwin A. Finney, John 
Covode, James K. Moorhead, Tliomas Wil- 
liams, George V. Lawrence. 
Delaware— ]ohn A Nicholson. 
Maryland— l{'\Tiin\ McCuUough, Steven-^on Ar- 
cher. Charles E. Phelps, Friincis Thomas, 
Frederick Stone. 
Ohio — Benjamin Eggleston, Rutherford B. 
Hayes, Robert C Sclienck, William Lawrenco, 



*M,-nil>iT3.iiKilifieJ— tliu fir.-t twc, M.ucli 1L\ IhGT, tU« 
latit, Murcti^o. 



VOTES ON POLITICAL BILLS AND RESOLUTIONS. 



183 



"William Mungen, Reader W. Clarke, Samuel 
tS]iellal);i,rger, Cornelius S. Hamilton, Kaliili 
P. Buckland, James M. Ashley, John T. Wil- 
son, Fliiladeliih Van Trump, George W. Mor- 
gan, Martin VVelker, Tobias A. Plants, John 
A. Bingham, Epiiraim R. Eckley, Kufus P. 
Spalding, James A. Garfield. 

Kentucky — (Not elected.) 

7'6?i"<'ssee— (Not elected.) 

r«(/mH(x— William E. Niblack, Michael C. Kerr, 
Morton C. Hunter, William S. Holman, George 
W. Julian, Jolm Coburn, Henry D. Washburn, 
Godlove S Orth, Schuyler Colfax, William 
Williams, John P. C Shanks. 

rdinuis — Norman B. Judd, John F. Farnsworth, 
Ellihu B.Washburne, Abner C. Harding, Ebon 
C. Ingersoll, Burton C. Cook, Henry P. H. 
Bromwell, Shelby M. Cullom, Lewis W. Ross, 
Albert G. Burr, Samuel S. Marshall, Jehu 
Baker, Green B. Raum, John A. Logan. 

J^tssown'^William A. Pile. Carman A. Newcomb, 
Thomas E. Noell, Joseph J. Gravely, Joseph 
W. McClurg, Robert T. Van Horn, Ecnjamin 
F. Loan, John F. Benjamin, George W. An- 
derson. 

Michvjan — Fernando C. Beaman, Charles Upson, 
Austin Blair, Thomas W. Ferry, Rowland E. 
Trowbridge, John F. Dritrgs. 

Iowa — James F. Wilson, Hiram Price, William 



B. Allison, William Tjoughridge, Grenville M. 
Dodge, Asahel W. Hubbard. 

Wisconsin — Ilalbert E. Paine, Benjamin F. 
Hopkins, Amasa Cobb, Charles A. Eldridge, 
Philetus Sawyer, Cadwalader C. Washburn. 

California — (Not elected.) 

Minnesota — William Windom, lanatius Don- 
nelly 

Oregon — Rufus Mallory. 

Kansas — Sidney Clarke. 

West Virginia — Chester D. Hubbard, Bethuel 
M. Kitchen', Daniel Polsiey. 

Nevada — Delos R. Ashle3^ 

Nebraska — John Taffe. 
Claimants from iNsuRiiEcxioNArvY States — 
Fortieth Congress. 

In Senate — John A. Winston, of Alabama, 
vice George S. Houston; Jolin T. Jones, and 
Augustus H. Garland, of Arkansas, vice William 
D. Snow,* and Elisha Baxter; G. Williamson, 
of Louisiana, vice Henry Boyce; Matliias A. 
Manley, of North Carolina, vice John Pool. (Of 
these, Mr. Winston and Mr. Williamson served 
in the rebel army, the former as colonel of a 
regiment, the latter as major on General Polk's 
staff; Mr. Garland was in all tlie Rebel Con- 
gresses ) 

*.eat ilucliircd vucaut by tlio Legislature. 



XVII. 



VOTES ON POLITICAL BILLS AND RESOLUTIONS. 



Repeal of Pardon by Proclamation. 

In House. 

1866, December 3— Mr. Eliot introduced a 
bill, under a suspension of the rules, to repeal 
the thirteenth section of the act of July 17, 1862, 
which thirteenth section is in these words : " That 
tlie President is hereby authorized, at any time 
hereafter, by proclamation, to extend to persons 
who may have participated in the existing rebel- 
Imii, in any State or part tiiereof, pardon and 
amnesty, witli such exceptions, and at such time, 
and on such conditions, as he may deem expe- 
dient for the public welfare." 

The bill passed-rr-yeas 112, nays 29. The nays 
v/ere : 

Messrs. Ancona. Bnyer, Campbell, Chanler, Dawsnn, Eld- 
ri'lije, Glosshrenner, Hale, Aaron Harding, IJise, Kerr, Le 
I'-lnnd, Leftwich, Marshall, Niblack, KicJiolsi.n, Noell. Phelps, 
Samuel J. liandall. Hitter, Rogers, llousscau, Shanklin, Sil- 
^leaves, Stillwoll, Nattianiel G. Taylor, Nelson Tat/lor, Trim- 
Ide, Andrew H. Ward. 

1867, January 7- — ^The Senate passed it — yeas 
27, nays 7, as follow : 

Yeas — Meg-irs. Cattell, Chaiidlpr, Conness, Crasin, Cres- 
we). Ediiinnils, Fessenden, Foster, Fowler, Ilenderson, 
Howard, Howe, Kirkwuod, Lane, Mi>rgan, Morrill, Poland, 
Ramsey. Rcss, Sliernian, Stewart, Sumner, Trumbull, Wade, 
Willey, Williams, AVilson— 27 

Nays — Messrs. Dixon. Dooliitle, Hendricks, Johnson, Nor- 
ton, J'atterson, Sauhbury — 7. 

Note. — This bill became a law by reason of 
the failure of the President to sign, or letiarn it 



with his objections, within ten days after pre- 
sentation to him. 

Bepresentation of Bebel States. 

In House. 
1866, December 11 — A bill passed, of whick 
this is the chief section : 

"That before the first meeting of the next Congress, and 
of every subsequent Congress, the Clerk of the next preced- 
ing House of llepresen atives shall make a roll of the rep- 
reseiitatives elect, and place thereon the names of all per- 
sons clainjing seats as representatives elect from States 
which were represented in the next preceding Congress, 
an i of such pei-sons only, and whose crcdential.s fliow that 
they were regularly elected in accordance with the laws of 
their States respectively, or the laws of the United States." 

The vote wa.s — yeas 124, nays 31, as follow: 
Yeas— Messrs. Alley, Allison, Anderson, Aniiell, Delos R- 
Ashley, Janies M. Ashley, Baker, Baldwin, Barker, Biixter, 
Beaman, Benjamin, Bidwell, Bingham, Blaine, JJlow, Bout- 
well, Brandegee, Bromwell. Bnjomall, Eucklan-l, Bundy^ 
Reader vl-. Clarke, Sidney Clarke, Cobb, Conkling. Coolt, 
Cullom. Darling, Dawes, Delrees, Delano, Detniny:, Dixon, 
Donnelly, Eckley, Kpgleston, Eliot, Farnsworth, F:ir(juhar, 
Ferry, Garfield, Orinnell, Hale, Abne.r C. Harding, Hart. 
Hayes, Henderson, Higby, Hill, Ilolmss, Hooper, Chester D. 
Hubbard, .lohn H. Hubbard, James, K. Hubbell,. Hulba- I, 
Ingersoll. Jencke.s, .Julian, Kas.son, ICeHey, Kelso, K.etchani., 
Kooutz, Kuydendall, Laflin, Latham. (Seorgo V. Lawrence, 
V\ il liani Lawrence, Longyear, Lynch.^Marston, Maryija.May- 
nard, McClursr, SIcIiidoe, McKee, McRuer, Mercur, Miller, 
Moorhead, Morrill, Morris, Moulton, O'NciM. Orth, Piiino, 
Patter<on. I'erliam, I'ike, l^lants. I'cMiieroy, Price, WiJli ink 
H. Randall, liaym ml, Alexan<ler H. Rice, John II. Rice. 
Rollins, Sawye.-, ScUenck, Scofielil^ t:hellHb:<r."er, SJoaii^ 
Spalding, Stan, StensBs, Stokes, Thayer, i'rajicis Thicawa, 



181 



POLITICAL MANUAL. 



John L. Tliomns, ji.,Triiwlirid(re, Upson, Vnn Aerniim, Turt 
Tun (lorn, IIaiiiilt>n \y:m\. Ellihu U. \Vii.slibunie, Willi.iiii 
U. Washlmin.Wclkei, Wciitwoitli, Williams J:imesF. Uil- 
Bon, Stcplieii F. Wilson, AVindum, \V<)oill>ri(l:;e — 104. 

Nats — Messrs. Anemia. liergeyi, Jloi/er, Campbell, Coopfr, 
Dawson, J'ldritlfje, Fiiick, Glossl.renmr, Giiot/ycnr, Aamn 
Ilari'iny, Ilise, Kdwin N, Iltibiell, Ifun/er. Le Bhmd. Mar- 
shall, yibhick, yU-Iidlsrin, SamuelJ. Itandall, Rittfr, lingei-s, 
Ji'iss, Koii.s'jeaii, Sliarildin, Silpnaii's, ^tillwcll, Taber, Xa- 
thanicl U. Taylor, ydson Taylor, Trimble, Andrew U. Ward 
—01. 

In Senate. 
1867, Febrnarj' 1 — The bill pas.sed — yeas 31, 
nays 6, as follow ; 

Yeas— Afessrs. Ciitttll, Chandler, Cr.niiess, Cragin, Ed- 
munds, Fl■s^endon, Foj.',!;, Foster, Fowler, lirinics, Harris, 
Henderson, Ihtwc, Johnson, Kirkwood, Lane, Morgan. Mor 
rill, Xorlon, Poland. Uanispy, Iloss. Shi rnian, Spragne, Stew- 
art, ijuniner, Trumbull, Van WiuUle, Williams, Wilson, 
Yules — ol. 

Nays — Messrs. Diickalew, Davis, Ilendrichs, Xesmith. Pat- 
ttrson, Saulsbury — 6. 

Note. — This bill became a law by reason of 
the failure of the President to sign or return it 
with his objection, within ten days after pre- 
tentiUion to him. 



Elective Franchise in the Territories. 

In Senate. 
1867, January 10 — Pending the bill to amend 
the organic acts of the Territories, 
This substitute was adopted : 

That from and after the passage of this act there fhall be 
no denir.l of the elective fr.inchise in any of the Territoiies 
of the United States, now or hereaf.er to be organized, to 
any citizen tliereof, on aecount of race, color, or previous 
con'litioti of servitude, and all acts or jiarts of aetn. either 
of Congress or the legislative assemblies of said Territories, 
i iconsistcnt with the provisions of this act, are hereby de- 
clared null and void. 

The vote was — yeas 24, nays 8, as follow : 

Yeas — Messrs. Anthony, Conness, Cragin, Creswell, Ed- 
munds, Fessenden, Fogg, Foster, Fowler, G'iuies, llemler- 
son, Upward, Ilowe, Kirkwood, \au\q, Morgan, Morrill, Po- 
land. Sherman, Stewart, Sumner, ^yade, W illey, Williams 
— •J4. 

Navs — Messrs. Buchale.to, Tlendriclcs, John sun, Norton, Pat- 
terson, Riddle, Saulsbury, Van Winkle — 8. 

Same day — The House concurred — yeas 104, 
nays 3S, as follow : 

Yeas— Messrs. Alley, Allison, Ames, Arnell, James M. 
Ashley, Uaker, Baldwin, Banks, Barker, Ba.\ter, Beaman, 
BenjiiUjin. Bidwell, Bingham, Blaine, Bontwell. Broniwell, 
Brooniidl, Buckland, Bundy. Header W. Clarke, Sidney 
(Marke. C'oliii, Cook, Cullom, Culver, Davis, Defrees, Delano, 
Deniiug, Uixoii, Dodge, Donnelly, 1 riggs, Eckley. Eggleston, 
Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C. 
Ilaniing, Hart, Hawkins, Higby, Hill, Holmes, Hooper, 
Dcmas Uubliard, jr., John H. Hubbard, Jamei R Hnbbell, 
IiigersoH, .Jcnckes, Julian, Kaseoii, Kelso, Ketcham, Koonlz, 
Ueorge V. Lawrence, William Lawrence, Loan, Long.vear, 
Lynch, Marsto7i, Marvin, Maynard, McClurg McRuer, Mer- 
cur, Miller, Morrill, Moulton, Myers, O'Neill, Ortli, Paine, 
I'erham, Plants. Price, Uaymond, John II. Itice, Rollins, 
Sawyer, Schenck, Scofleld, Spalding, Stokes, Thayer, John 
L. Thomas, jr, Trowbridge, Upson, Van Aernani, Ijurt Van 
Horn, ll:imil on Ward, Warner, Ellihu R. W.ashburne, Henry 
D. Washburn, William B. Washburn, Welker, Wentworth, 
WiUiams, James F. Wilson, Stephen F. Wilson, Windom 
—1114. 

Navs — Messrs. Ancona, lierpen, linycr, Campbell, ClianUr, 
Coiper, Dawcon, J'enison, Eldridr/e, t'i7n:k, Llossbreiinor, 
Aaron Harding, Ilise, Ilognn. Chester D. Hubbard, Edwin 
N. lluhbdl, Humphrey, Johnson. Lathnni, /,e JJlond, Left- 
«ni'7(, yibl'ick, yichohon, Aoelt, .Suniiirt J. Itandall. \.ilUam 
U. R.indall, lliitejr, liogcrs, lioxs, .S/iankliii, SUgreaves, Ta- 
bir, J\'atlianifi O Taylor, Thornton, Trimble, Andrew II. 
Wmrd, WhiUej, *r.n/i«W— 38. 

Note. — Tfliis bill became a law by reason of 
the failure of tlie President to sign, or return it 
with liis obiee-tions, within ten days after pre- 

feeiatatio^ to liinn. 



Female SulTrago and Intelligence SuSi /e. 

Pending the District of Columbia Suffr! ge bill 
in the Senate — 

]cS66, December 12 — Mr. Cowan moved to 
strike from it the word " male," which was lost 
— yeas 9, nays 37, as follow ; 

Ye\s — Messrs. Anthony. Brown, Buckaleu; Cbman, 7<»- 
ter.Aesviith, Putlrrsnn, Riddle. Wade— 9. 

Nays — Messrs. Cattdl. < li.mdler, Conness, Creswell. Da- 
vis, Diron. Doolitllr, Edmunds, Kesseiiden, Fogg, F -elinghuy- 
sen, Grimes, Harris, llender>on. Hmdricks. How rd. Howe, 
Kirkwood, Lane, Morgan, Morrill, Norton, Poland, Pome- 
roy, Ramsey, Ross, .Sa«/s/«t)y, Sherman, Spr'gus, Stewart, 
Sumner, Trumbull, Van Winkle, Willey, Williiius, Wilson, 
Yates — o7. 

Mr. Dixon moved to add to first section this 
proviso : 

" That no person who has not heretofore voted in this Dis- 
trict shall be permitted to vote, unless he shail be able ,at 
the time of ofteiing to vote, to read, and also to write his own 
name." 

Which, December 13, was lost — yeas 11, nays 
34, as follow : 

Yeas — ^Messrs. Anthony, .Bj/c/to/ejo, Dixon, Donlitlle, Fogg, 
Foster, Hendricks, JS'esmilli. Patterson, Riddle, Willey — 11. 

Nays — Messrs Brown, Cattell, Chandler, ( oniiess. Cow- 
an, Creswell, Divis, Edmunds, Fes-^eiidiii. Frelinghiivsen, 
Grimes. Harris. Henderson, Howard, Howe, Ki' kwood, Lane, 
Morgan, Mi>rrill, Norton, Polan<l, Pomeroy, Ramsey, Koss, 
Saulsbury, Sherman, Sprague, Stew.irt, Sumner, Trumbuil, 
Van Winkle, Wade, Williams, Wilson — 34. 

In House. 
January 28 — Mr. Noell introduced a bill to 
abolish all disqualification Irom voting in ihe 
District of Columbia, on account of sex, and 
moved it be referred to a select committee, wLich 
was lost — yeas 49, na3's 74, as follow : 

Yeas — Messis. Ancona. Baker, Barker, Baxter, Benjamin, 
^n.'/fir, Broomall. Jjnni\y,Camphell, Cooper, Defrees, Dctiison, 
Eldridge, Farnswoi th. Ferry, i^/ncA:, Garfield. Hale. Hawkins, 
//i'.vi?, Chester D. Hubbard, A^iom N. Ilubbell, Humphrey, 
Julian, Kasson, Ktlley. Kelso. LeUhnd, Loan, Met lurg, 
McKee, Miller, Newell, NiuUick, Nor.lt, Orth, Ritter, Rogers, 
Ross, SUgreares. Starr, Stevens, St7-ou.-ie, Taber, Nathaniel 
G. Taylor, Trimble, Andrew H. Ward, Henry D. Wash- 
burn, Winfield — 49. 

Nats — Messrs. Allison, Anderson, James M. Ashley, Bald- 
win, Beaman, Bidwell, Bingham, Blaine, Boutwell, llrande- 
gee, Buckland, Reader W. Clar.;e, Conkling, Cook, CuUoni, 
Darling, Dawes, Deming, Donnelly, Dumont, Ecklev, Eg- 
gleston, Eliot, Farquhar, Grinnell, Iligby, Holmes, Hooper, 
.John H. Hubbard, lnL'er.soll,Jenckes, Koontz, Laflin, Lyneli, 
Marvin, Mclndoe, MeRuer, Mercur, Moorhead, Aloirill, 
Myers, 0'.<eill, Paine, Patterson, Perham, Phe'ps, Pike, 
Plants, Price, Samuel J. Randall. Kuymond. P.olhns, Sawver, 
Schenck, Scofield. Shellabarger, Sloan, Spaliling, Stokes, 
Francis Thomas, John L. Thomas, jr., Trowbri<lge, Ujison, 
Van Aernam, Burt Van Horn. Hamilton Wanl, Warner, 
William B. Washburn, Welker, Wentworth, Williams, Jamea 
F. Wilson, Windom, Woodbridge — 74. 

Test Oath of Attorneys. 

In House. 

1867, January 22 — Mr. Boutwell reported 
this bill : 

Be it enacted, tfcc, That no person shall be per- 
mitted to act as an attorney or counsellor in an}' 
court of the United States who has been guilty 
of treason, bribery, murder, or other felony, or 
who has been engaged in any rebellion against 
the Government of the United States, or wiio 
has given aid, comfort, or encouragement to the 
enemies of the United States in armed hostility 
thereto. 

Sec. 2. That the first section of this act is 
hereby declared to be a rule of every court of the 
United States. 

Sec. 3. That it shall be the duty of the judge 
or judges of any such court, when the sugges- 



VOTES ON POLITICAL BILLS AND RESOLUTIONS. 



185 



tion is made in open court that any person act- 
ing as an attorney or counsellor ot said court, or 
ofi'ering or proposing to so act, is barred by the 
provisions of this act, or whenever said judge 
or judges shall believe that such person is so 
barred, to inquire and ascertain whether such 
person has been guilty of treason, bribery, mur- 
der, or other felony, or whether he has been en- 
gaged in any rebellion against the Government 
of the United States, or whether he has given 
aid, comfort, or encouragement to the enemies 
of tlie United States in armed hosiility thereto; 
and if the court shall be of opinion that such 
person has been guilty of treason, bribery, mur- 
der, or other felony, or that he has been engaged 
in any rebellion against the Government of the 
United States, or that he has given aid, comfort, 
or encouragement to the enemies of the United 
States in armed hosiility thereto, to exclude and 
debar such person from the office of attorney 
or counsellor of said court. And any person 
wiio shall testify falsely in any examination 
made by any court, as aforesaid, shall be guilt}^ 
of perjury, and liable to the pains and penalties 
of perjury. 

Januarv 23 — The bill passed — yeas 119, nays 
43, as follow : 

YcAS — Messrs. Anderson. Delos U. Ashley, James M. 
Ashley, Baker, DiiUlwin, Banks, Barker, Laxter, Bcaman, 
Benjauiii), BiJwell, Biri;;han), Blaine, Buutwell, Bramlegue, 
Broiuwell, Bruoiiall, Biiekluud, Cunuy, Header W. Clarke, 
Cobb, Coriklin^', Coi>k. Culiom. Darling, Dawes, D. frees, De- 
lano, DinjinR, r;i.\on, Dunnelly, Dri.aps, Dnuiunt. E-kley. 
Egsrleston, Eiiot, Faruswditli, Fanjuliar, Kerry, Garlield, 
GiiVme 1. iJiisWcilJ, Abner C. Ilar.'iii.', Hart. Mayes, Iligbv, 
Ilill, Holm'--, Hooper, llot.hkiis. Chester I). Hubbard, Dem- 
as Uulibard. jr., .lohii II. Ilulibard, Ingeisoll, Jencke.i, 
Juli'U, Kassoii, Kellcy, Kelso, Ketcliam, Koontz, Kuyken- 
da'I, Lafiiu, Georc;e V. I.awveiue, Willimn Lawrence, Loan, 
Longyear, Lvncli, Marston. Marvin. Ma> nard, McCliirg, 
Mclndoe, MclCee, Mercur, Miller, Moorhead, Morrill. Morris, 
Moultun, Myers, Newell, O'Neill, Orlli, I'aine, I'attcrsoii, 
Perh;ini, Pike, I'lants, Price, Wi liani H. Itandall, Ilaynioad, 
Alex mder H. Uiee, .lohii H. Rice, Rollins, i-'awyer, Scufield. 
Plullabarser, Sloan, SpaldinT, Starr, Stokes, Francis Thomas, 
John 1/. Thomas, jr , TrowbridRe. Upson, Van Aer n mi, Burt 
Van Horn, Hamilton Ward, Warner. Henry I). Washburn, 
William B. ^ asliliurn, Welker, Wentworth, Williams, James 
r. Wilson, Ftrphen l'\ Wilson, Windom, Woodbridge — Hi). 

Nayj — Messrs. Ancnna.Birrjen, Doijer. Camphell, ClinnleT, 
Cor.per, Dawsm, Den ion, E'drCdr/e. Fiitdc, Glosshienntr, 
Gi<id!/ear, Hale, Aaron Iln-diiig, Iloiav. EiJwin N. ITubbdl, 
Humphrey, Hunter. Kfn; LarUxm, Lf.Bhm'l, Lrftwicli,M r 
shall, Mci'ullnwih, McRuer, jVit?c;cA-, NichfjLon, i'heli s, It d- 
/ord. Siidttcl J. randall, lUtter, Roz/erit. 7?«-s, Shr'7i!.liii, 
Silqre fs. t<;illwell, Talirr, Nilhaniel G. To'/lor, A'ds'in 
Ttiylor, Thornton, Trimlile, Andrew II. Ward, WiiJield—.S. 

The bill was not acted upon in the Senate. 

Validating Cortain Proclamations and Acts of 
the Frosidont, and Others. 

I?f House. 
1867, January 22 -Pending this bill, intro- 
duced by Mr. Binguam and reported from the 
Judi'iary Committee, with amendments, by Mr. 
James F. Wilsox, 

An Act to declare valid and conclusive certain 
proclamations of the President, and acts done 
in pursuance thereof, or of his orders, in the 
suppression of the late rebellion against the 
United States. 

Be it enacted hy the Senate and House of Rep- 
resentatives of the United States of America in 
Coitr/rcss asscvihled. That all acts, proclamations, 
and orders of the President of the United States, 
or acts done by iiis authority or ajiproval after 
the fourth of March, anno Domini eighteen hun- 



dred and sixty-one, and before the first day of 
July, anno Domini eighteen hundred and sii-.ty- 
six, respecting martial law, mii-Jiary truxls by 
courts-martial or military commissions, or the 
arrest, imprisonment, and trial of persons charged 
with participation in the late rebellion against, 
tlie United Stales, or as aiders or abettors thereof, 
or as guilty of any disloyal practice in aid thereof, 
or of any violation of the laws or usages of v/ar, 
or of affording aid and comfort to rebels against 
tlie authority of the United States, and all pro- 
ceedings and acts done or had by courts-martial 
or military commissions, or arrests and imprison- 
ments made in the premises by any person by 
the autliority of the orders or proclamatioys of 
the President, made as aforesaid, or in aid thereof, 
are hereby approved in all respects, legalized 
and made valid, to the same extent and with the 
same effect as if said orders and proclamations 
had been issued and made, and said arrests, im- 
prisonments, proceedings, and acts had been 
done under the previous express authority and 
direction of tlie Congress of tlie United States, 
and in pursuance of a law tliercof ]iroviously 
enacted and expressly authorizing and directing 
tlie same to be done. And no civil couit of the 
United States, or of any State, or of the District 
of Columbia, or of any district or Territory of 
the United States, shall have or take jurisdic- 
tion of, or in any manner reverse any of the 
[.roceedings bad or acts done as afore:-aid, nor 
shall any person be held to answer in any of 
said courts for any act done or omitted to be 
done in pursuance or in aid of any of said proc- 
lamations or orders, or by authority or with tie 
approval of the President within the period 
al'oresaid, and respecting any of the matters 
aforesaid ; and all officers or other persons in th<^ 
service of the United States, or who acted in aid 
tliercof, acting in t]>e premises, shall bo held 
prima facie to have been authorized by the Pres- 
ident; and all acts and parts of acts heretofore 
passed, inconsistent with the provisions of this 
act, are hereby repealed. 

On the motion to insert the clause beginning 
" and all officers and other persons," the yean 
were 109, the nays 37, (Messrs. Ancona, Bcrrjen, 
Bu]/er, Cumpbell. Cha.nler, Cooper, Dawson, Den- 
ison, Eldridr/e, Fnirh, Glo-'^sbrcnner, Goodyear, 
Aaron ILirding. Ilise, Edwin N.IIahhcll, llum- 
phrey. Hunter, Johnson, Kerr, he Blond. Left- 
wich, Marshall, Niblach, Nirlwlson, Nocll, Rad- 
ford, Samncl J. Randall, Ritter, Roqcrs, Ross, 
Shanklin, Sdgrcaves. Strouse, Taber, Nelson Tay- 
lor, Thornton, Trimble.) 

February 23 — The bill passed — yeas 112, nays 
32, as follow : 

Yeas — Messrs. .\l!is»n, Ames, Anderson, Arnell, Delos R 
Ashley, James M. Ashley, B.aker, B.ildwin, Baxter, Beamati, 
Bidwell, Bingham, Blaine, Drandejree, liromwell, Broomall, 
Bucklarid, Buudy, Ue.ader W.Clarke, Sidney Claike, Cobb, 
Conklinj?, Cook. Culiom, Davis, Dawes, Dfdano, Deming, 
Dixoti, Dodse, Donnelly, Ilggleston, Eliot, Farnsworth, Far- 
quhar, Garlield, Grinnell, Abner C. Harding, Hawkins, 
Haves, Henderson. Higby, Hill, Holmes, Hooper, Chester D. 
Hnlibard, Demas Hubbard, jr,. John H. Ilnbbanl, James U. 
Hubbell, Hulburd, Ingersoll, Jenckes, Jn ian, Kasson, Kel- 
ley, Kefcliam, Koontz, Kuykendall, Lallin, Georgo V. Law- 
rence, William Lawrence, Loan, Longyiar, Lynch, Marvin, 
Mayiiard. MC liirg, Mclndoe, McKee, McRucr, Mercur, Mil- 
ler, Moorliend, Morris, Moulton, Myers, Newell, O'N'ei l,Orth, 
Paine. I'crham, Plants, Price. William H. Randall, Jolin II. 
Bice, Rollins, Sawver, Scufield, Sh llabarger, Sloan, Spr.lding, 
Starr, Stevens, Stillwell, Stokes, Thayer, Trowbridgp, Upscu. 



186 



POLITICAL MANUAL. 



Van Aernam, Burt Van Horn, Ilamilton 1701(3, TVarner, 
lluiiy D. IVashburn, William B. Washburn, Wclkor, Went- 
wortli. Wlialey, Williams, Janiea V. \\ iUon, StopUen F. Wil- 
eoii, Windoni, Woodbridge — 112. 

Nays — Messrs. ^incoiia, Brrrjrn, rtnyrr, (limphdl, Clinnler, 
Co'per, Datviou, ELiridgr, Fi)ic/.\ (ilu.oslin n>ii r, Aaron Hard- 
inr', Ifirrix, Ilise, Edwin jX. llnh'^dl, Ihnnplireii, lluntrr, 
K'-n; LelUninl, Midsliall, McCulloiaili, A'ihiurh; uVidtolsov, 
Str.iuel J. Jlundill, liitler, Shanldin, Sitfjreaves. S'rouse, 
T^ibtr, Thornton, Trimble, Andrew II. Ward, Wri<jht—^i. 

In Senate. 
March 2 — The bill passed — yeas 36, uaj's 8, 
as follow : 

Ve\s — Messrs. Anthony, Caftell, Chandler, Couuess, Cra 
pi.i, Dix'-n, Drmlittle, Edmunds, Fessendcn, Fugg, Foster, 
Fowler, I'relinglinysen, Crimes, Harris, lloward, IIowp. 
KirUwund, L:\ne, Morgan, Mori ill. Nye, I'atiirson. Ponie- 
roy, Itainsey, Ross. Sherman, Sprague, Stewart, tjnmiier, 
Trumbull, Van Winkle, Wado, Vvilley, Williams, Wilson, 
Yates— no. 

N \Y< — Messrs. Buchalew, Cowan, Davif, Hendricks, John- 
son, McDougall, Norton, Snuhhury — 8. 

Homesteads in Southern States. 

18G7, Februar}' 28 — Mr. Julian reported a 
bill amending the act of June 21, 1806, respect- 
ing liomesleads in Alabama, Mississippi, Louisi- 
ana, Arkansas, and Florida, so that any person 
apph'ing for the benefit of said act shall bo re- 
quired to make oath that he has not voluntarily 
borne arms against the United States or given 
aidorcomfort to its enemies ; Provided, Tbatsaid 
oath shall not be requiredof any person who dur- 
ing thw late war enlisted in the military or naval 
service of the United States, and who shall have 
been honorably discharged therefrom, and not 
thereafter rendered any aid or comfort to the re- 
bellion. 

The bill was passed — yeas 97, nays 30, as fol- 
low: 

Yeas — Messrs. Alley, Allison, Ames, Arnell, James M. 
As'iley, HaUer, CanUs, Baxter, Keaman, Bingham, Blaine, 
Brandejce, Bromwtll, Brooniall, Buckland, Reader W. 
Clarke, C .bb, Conkling. Cook, Culloni, Uarlirisr, Davis, 
Dawes, Def'rees, Delano, Dixon, Dodge, Dumont. lili it, Far- 
qnhar, (Sriswuld. Hawkins, Ilayes, lligby, Hill, Holmi's, 
Honper. Cliester D. Ilnlibard, Demas Hubbard, jr, John 11. 
Hubbard, Hulbnrd, Jenckos, Julian, Kelley, Kelso, Kooniz, 
George V. Lawrence, William Lawrence, Loan, Longycar, 
Lynch, Marvin, Maynard McClurj.', Mclndoe, McKee, Mc- 
Ruer, McrcuT, Miller, Morrill, Morris, Moulton, Myers, 
Kewell,0'Noill,Ortli, Paine, Periiain, Pike, Plants, Ponie- 
roy, Price, W. H. Randall. Rollins, Sawyer, Schenck, Scofield, 
Shellaliarger, Sloan, Spalding, Slarr, Stokes. Th lyer, Fran- 
cis 'J liomas, John L. Thomas, jr., Trowbridge, Upsi.n. Van 
Aernam, Bnrt V.in Horn, Haniilton Waid, Warner, Henry 
D. IVashbnrn, William B. Washburn, Welker, Wentworth. 
Wlialey, Sttplien F. Wilson, Windom — 97. 

Nats — Messrs. Ancona, liergen, OimpbeU, Chanler. Cooper, 
Dawson. Finch, Glosshr nner, Ooodyeiir, Aaron ILirdinrj, 
Hie Ifntan, Edwin N. Hulihe.ll, ilumjihrni, Kerr, Kuy- 
denrlall, Latham, Ze Blond, LrHwich, Mart:'.'iaU, Niblach, 
A'icholson, Bitter, ShanJdm, Sitfjreaves, Tulx'r, Trimble, 
Andrew II. Wird, Winfield, Wright— Z^. 

The bill was not acted upon in the Senate. 

To Suspond the Payment of Bounty to former 

Owners of Colored Volunteers. 

In IIouse. 

1867, January 14 — Mr. Cook reported, under 
a suspension of the rules, from the Judiciary 
Committee this bill .- 

That so much of section twenty-four of an act 
approved February twenty-fourth, eighteen hun- 
dred and sixty-four, entitled "An act to amend 
an act entitled 'An act for enrolling and calling 
out the national forces, and for other purposes,' " 
approved Marcli third, eighteen hundred and 
Bixty-three, as provides tliat the Secretary of 
War should appoint a commission in each of the 



slave States then represented in Congress, charged 
to award to each loyal person to whom a colored 
volunteer might, owe service a just conipensalion, 
not exceeding three hundred dollars for such 
colored volunteer, be suspended until otherwise 
provided by law, and that the duties an<l com- 
pensation of the commissioners heretofore ap- 
pointed under said section, shall cease from tiie 
date of the passage of this resolution. 

Vr'hich was passed — yeas 107, nays 3G, as fol- 
low : 

Yr.AS — Messrs. Alley, Allison, Ames, Anderson, Delog R. 
Ashley. James M. Ashley, Baker, Baldwin, Bunks, Baxter, 
Bcnj uidn, Bidwell, Bingham, Blaine, Boiitwell, Eromwell, 
Lrootnall, Buckland, Biindy, Reader W. Clarke, Cobb, Cook, 
Cnlluni, Culver, Davis, Dawes, Defrecs, Delano, Deming, 
Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Farqu- 
liar. Ferry, Giiswold, AbuerC. Harding, Henderson, Higby, 
Hill. Holmes, Hooper, Chester D. Ilnbbard, Demas Hnbbard, 
jr.. John H. Hubbard, James B. Hulibell, Ingersoll, Jeiiekes, 
.Jnliin, Knsson, Kelso, Kttchani, Koontz. Knykendall, 
George V. Lawrence, Loan, Longyiar, Lynch, Marston, Mar- 
vin, Maynard, McChirg, McKee, Mcliuer, Mercnr, Morrill, 
Morris, Moulton, O'Neill, Ortli, I'aine, Patterson, Perhani, 
Pike. I'laats, Pomeroy, Price, Raymond, John H. Rice, I'.ol- 
I ins, Ross, Sawyer, Schenck, .Scofuld, Shellabarger, Spalding, 
Stevens, Stokes, Tliayer, Trowbridge, Ujison. Van Aernam, 
Burt Van Horn, Uaniilton Ward, Warner. Eliihu B. Wash- 
liurne, Uenry D. Washburn, William B. Washburn, Welker, 
Wentworth. Wlialey. Williams, James F. Wilson, Ste^jhea 

F. \Vilson, Wind-jm— 107. 

Nats — Messrs. Ancona. Bergen, Boijer, Campbell, Chanter, 
Dawson, Dmison, Pinck, Glossbrenner, Aaron Harding, 
Ilawkin", Hlse Ilogan, Edwin N Ilubbe.U, IIiim2jhrc>/,JoIin- 
son, Latham, Ze Blond, Leflwic/i, Marshall, Nibtark, Is'icliol- 
son.Xoell, Radford. SamutlJ. Randall, \ii\Vr.\m H.Randall, 
Ritter. Rogers, Shanldin. Sit!ireavcs,Strouse, Talxr, Nathaniel 

G. Taylor, Ndson Taylor, Tliornton, Andrew II. Ward — 3& 

The bill was not acted upon in the Senate. 

To Suspend all Proceedings in relation to the 
Payin:>nt for Slaves drafted or received as Vol- 
unteers in tho Military Service. 

In House. 
1867, March 18— The bill passed, providing 
that all further proceedings under the tv/enty- 
fourth section of the act of Congress approved 
February twenty-fourth, eighteen hundred and 
sixty-four, " to award compensation to the mas- 
ters of slaves drafted into the military service 
of the United States, and award compensation 
to persons to whom colored volunteers may owe 
service," and under the second section of the act 
approved July twenty-eighth, eighteen hundred 
and sixty-six, " making appropriation for pay- 
ment to persons claiming service or labor froiu 
colored volunteers or drafted men," be, and the 
same is hereby suspended. And the Secretary 
of War is directed to dissolve the commissions 
appointed under the said sections, and make 
payment to the commissioners and clerks for the 
services rendered, upon their making report of 
their proceedings to the War Department 

March 18 — The vote on Mr. Scuenck's motion 
to suspend the rules to allow the consideration 
of tho bill, was the onl}' vote taken — and was 
yeas 92, nays 24, as follow: 

Ykas — Messrs. Ames, Anderson, Delos R. A.sh)ey, James 
M. Ashley, Baker, Baldwin, Beaman, Benjamin, Binsham, 
Bl.aino, Blair, Boutwell, i;romwell, Brooniall, Buckland, 
Biitlor, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, 
(,'ook, Cornell, Covode, Cnlloni, Dodge, Donnelly, Driggs, 
Eckley, Ela, Farnsworth, Ferriss, Ferry, Fields. GarHeld, 
Gravely, Hamilton, Hayes, Hooper, Hopkins, As.iliel W. 
Hubbard, Chester D. Hubbard. Hulliuid, Hunter, Jndd, 
.lulian. Kelley, Kitchen, Koontz, Lallin, Willi m Liwience, 
Lo ran, Marvin. McClnrg, Miller, Moore. Myers, N( wc.inb, 
OWeill, Orth. Piiiiie, Perham, Petei-s, Pile, Plants, Poland, 
Polsley. Point roy, Robertson, liois, S.iwycr, Schenck, Sc<» 



PROPOSED IMPEACHMENT OF PRESIDENT JOHNSON. 



1^7 



field, Shanks, Shellabarger, Smitli, Spnlding, Taylor, Twicli- 
ell, Upson, Van Aernain, Burt V:iii Horn. Robert T. V:in 
lIorM, \'aii W>ck, Waid, Cadwula ler C. W shbnrii, Henry 
D. Washburn, \Velker, Thomas Williams, Willi ini Williams, 
James F Wilson, .lohu T. Wilson, Wiiiilom — 9i 

Nays — Messrs. Bnyer. Brouhf, Burr, ElJridge, Fox, Gel:, 
Glossbrenner, Ildman, Kerr, MarxhiU, JL/rr/aii, M'lrrissii/, 
Munpen, Nihlack, Aicholson, N'idl, I'ru;/)!, Unmlall, liohm- 
ton, Sitgreaves, Taber, Van Auken, Van Trump, iVood — 24. 

In Senate. 
March 21 — The resolution passed — yeas 32, 
nays 7, as follow : 

Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, Cole, 
Conkling, Conness, Corbutt, ('ragin, Drake, E Imimds, I'ovv- 
ler, Harlan, Htnduison, Ilowe, Morgm, Morrill of Vt., 
Morton, Nyo, Patterson of N. H, romeioy, Kamscy, Ross, 
Sauhbun/, Sherman, Sumner, Thayer, Tipton, Tiumbull, 
Wade, Williams, Wilson— 32. 

Nays — Messrs. Buckalew, Davis, DnoUttle, Johnson, Patter- 
son ot'Seim., Van Winkle, Willey — 7. 

A Bill to Restore the Possession of Lands Con- 
fiscated by the Authorities of the States lately 
in Rebellion. 

In House. 

1866, July 2-1 — Mr. Williams reported from 
the Committee on the Judiciary the following 
bill : 

That in all cases where any loyal citizen of 
the United States may have been disseized or dis- 
possessed of any lands or tenements belonging to 
him or her, within any of the States lately in re- 
bellion, by any order, proceeding, or decree, un- 
der I he pretended authority of the so-called Con- 
federate government, or of any of the States 
comprising the same, on the ground of his or her 
adherence to the cause of the Union, or his or her 
absence, or failure or refusal to give support to 
the said rebellion, it shall be the duty of the 
President of the United States, or the command- 
ing officer of the military forces stationed within 
the particular State or District, on complaint 
made to either of them in writing, by the party 
or parties so disseized or dispossessed, their heirs 
or assigns, accompanied by satisfactory evidence 
that the title or possession of any such property 
is claimed by the person or persons occupying 
the same under or by virtue of any such order, 
proceeding, or decree, to restore the person or 
persons so interested and aggrieved to the pos- 
session and rights of which they have been thus 
unjustly deprived, and to iirotect them in the 
enjoyment of said rights by the application of 
so much force as may be necessary for that pur- 
pose. 

Mr Teimble moved that it be laid on the ta- 
ble, which was disagreed to — yeas 24, nays 81, 
as follow : 

Yeas — Mesgrs. Ancma, Be.rge.n, Bnxier, Cooper, Eldridge. 
Find; Glossbrenver, Aaron Harding, Hngan, Jo/insrm, Kerr, 
Le ni'fnd, McCuUough. Nihlack, Nidinlsmi, Radford Samuel 
J, Randall, Ritter, Ross, mtrouse, Taber, Tliornton, Trimble, 
\Vinfidd—H. 

Nayv — Messrs. Allison, Baker, Banks, Barkvr. Baxter, 
Benjimin, Bidwell, Bingham, Buckland, Sidney Clarke, Cobli, 
('onkling. Cullom, Davis, Dawes, Defrees, Dixon, Driggs, 
Eckley, Egrleston, Eliot, Karnsworth, Farquhar, Ferry, Ab- 
iierC. Harding, Hart, Hayes, lligby. Holmes, Hooper, Hotch- 
kiss, Chester!) Uubljard, John II. Hubbard. James K. Hub- 
bell, Hulburd, Jenckes Julian. Kelley, Keteham, Koontz, 
Lafliii, George V Lawrenre, William Lawrence, Loan, Lyncli, 
Maynard McCI\irg, McRuer. Mercur, Miller, .MoorI.ead, 
Morris, Myers, Newell. O'Neill, Orth, Paine, Perham, Plants, 
Price, Kaymond, Kollius, Sawyer, Scofield, ^helIallarger, 
Bpalding, Stevens. Stokes, Ma'tlianlel G. Taylor, John L. 
Thomas, jr., Burt Van Horn, Bobei t T. Van Horn. Hamilton 
Ward, Welker, Wentwortli. Wliale.v, Willi. m^ ..amcs F. 
Wilson, Stephen F. Wilson, Windom, Woodbrldge — 81. 

The bill was then passed. 



In Senate. 
1S67, February 21 — Mr. Frelinghuysen re- 
ported it from the Committee on the Judiciary, 
with an amendment as to the form of proceed- 
ing, but it was not reached before adjournment. 

rr.OPOSED IMPEACHMENT OF PRESIDENT 
JOHNSON. 

In Thirty-Ninth Congress. 

1866, December 17— Mr. James M. Ashley 
moved a suspension of the rules to enable him 
to report, from the Committee on Territories, 
this resolution : 

Resolved, That a select committee to consist 
of seven members of this House be appointed 
by the Speaker, whose duty it shall be to in- 
quire whether any acts have been done by any 
officer of the Government of the United States 
wluch in contemi>iation of the Constitution are 
high crimes or misdemeanors, and whether said 
acts were designed or calculated to overthrow, 
subvert, or corrupt the Government of the United 
States, or any department thereof, and that said 
committee have power to send for persons and 
papers and to administer the customary oath to 
witnesses, and that they have leave to report by 
bill or otherwise. 

Which was not agreed to, (two-thirds being 
necessarv,) yeas 90, nays 49, as follow: 

Yr:\s— Messrs Alley, Allison, Anderson, Arnell, Delos E. 
Ashley, .lames M Ashby, Baker, Bddwin. Banks, Barker, 
Baxter, Bcniamin. Bidwell Bingham. Blow, Boutwell, Bran- 
degee, Bromwell, Buckland, Buudy, Ke:;der W. Clarke, Sid- 
ney Claike, Cobli, t oidclirig, Culloni. Dixon. Driggs, Eckley, 
F.iinsworth, Farquhar, Ferry, Garfield, Grinnell, Abner C, 
llanlir.g, Ibnt, Hawkins, Hayes, Henderson, Hill. Holmes, 
Hotelikiss, Demas Hubbard, jr., John H. Hubbard. Inger- 
soll, .lulian, Kelley, Kelso. Koontz, Kuykendall,Laflin, Wil- 
liim La" reuce. Loan. Lougyear, Lynch, Marston, Marvin, 
McCluig, .Mcludoe, McKee, McHucr, Mercer, Morrill, Moul- 
ton, M\ei,-i, O'Neill. Orth, Paiue, Patterson, Perham, Pike, 
Pnmeniy, Price, William H. Uandall, Sehenck, ircofield, 
Sloan, Stevens, Thayer, Francis Thomas, Trowbridge, Upson, 
Vao Aernam, Hurt Van Horn, Robert T. Van Horn, EUihu 
B. Wasbbunie Welker, Wentworth, Williams, James F. 
Wilson, WIndum 9L). 

Nays— Messrs. Ames, ylicona, Bergen, Bmjer, Campbell, 
Chanlcr, Cooper. D.iwes, Defrees. Deming, Denison, Dodge, 
Eldridge, Finck. Glosshrennrr, Hale, Aaron Harding, Hise, 
Hog.'in'. I, liesterD. Hubbard. K. N. Huhbell, Hunter, jienckes 
Kerr, Latham, LeUlond. Leflwicli, Alarsliall, Maynard, A7&- 
ladi, Niliolson, Xoe.ll, SamuclJ. Randall, Raymond, Bitter, 
Rogers, Ross, Slianklin, Silgreavi's. S|ialding, StokeB. Sirouse, 
Taber. jXatliaind G. Tai/lor, IS'eU'm Taylor, Thornton, An- 
drew H. Ward, Warner, Whaley— 49. 

18G7, January 7 — Mr. Loan offered this reso- 
lution, which was referred to the Committee on 
Reconstruction : 

Reaoh-ed, That for the purpose of securing the 
fruits of the victories gained on the part of the 
Republic during the late war, waged by rebels 
an<l traitors against the life of the nation, and of 
giving effect to the will of the people as ex- 
pressed at the polls during the recent elections 
by a majority numbering in the aggregate more 
than four hundred thousand votes, it is the im- 
perative duty of the Thirty-Ninth Congress to 
take without delay such action as will accom- 
plish the following objects: 

I. The impeachment of the officer now exer- 
cising the functions pertaining to the office of 
President of the United States of America, and 
liis rnnioval from said office upon liis conviction, 
in due form of law, of the high crimes and mis- 
demeanors of which he is manifestly and notori- 



188 



POLITICAL MANUAL. 



ously guilt}'-, and which render it un?afo longer 
to permit him to exercise the powers he has un- 
lawfully assumed. 

2. To provide lor the faithful and efficient ad- 
ruinistration of the executive department of the 
Government within the limits prescribed by 
law. 

3. To provide cfl'ective means for immediately 
reorganizing civil gov'ernments in tliose States 
lately in rebellion, excepting Tennessee, and for 
restoring them to their practical relations with 
the Government upon a basis of loyalty and jus- 
tice ; and to this end, 

4. To secure, by the direct intervention of 
Federal authority, tlie right of franchise alike 
■without regard to color, to all classes of loj'al 
citizens residing within those sections of the Re- 
public which were lately in rebellion. 

Same day — Mr. Kelso offered this resolution : 
Resolved, That for the purpose of securing the 
fruits of the victories gained on the part of the 
Bepublic during the late war, waged by rebels 
and traitors against the life of the nation, and 
of giving etTect to the will of the people, as ex- 
pressed at the polls during the late elections by 
majorities numbering in the aggregate more than 
four hundred thousand votes, it is the impera- 
tive duty of the Tliirty-Ninth Congress to take, 
without delay, such action as will accomplish 
the following objects : 

1. The impeachment of the officer now exer- 
cising the functions ])ertaining to the office of 
the Tresident of the United States of America, 
and his removal from office, u[ion his conviction, 
in due form, of the crimes and high misdemean- 
ors of which he is manifestly and notoriously 
guilty, and which render it unsafe longer to per- 
mit iiim to exercise the powers he has unlawfully 
assumed. 

2. To provide for the faithful and efficient ad- 
ministration of the executive department within 
the limits prescribed by law. 

Mr. Davis moved it be tabled ; which was 
disagreed to — yeas 40, nays, 104. The Yeas 
were: 

Messrs. Ancona, Delos R. Ashley, B ildwin, Bergen, Camp- 
hell, C/taJiIrr, Cooper, Davi", ilaicsim. Eldridge, Ft»ck, Gl ss- 
hrrnrter, Aaron Ifanlinrf, Ila vkius, IIiS'\ I/oijan, ILtiiiihrcu. 
Hunter. K'rr, Kuykeiidall. Latham, Lefliuich, McCuUnuqh, 
li'lblacl:, N'Chnhim, Anell, Ihelps. S^tniKd J. liandall, \Vil- 
liatii II. Uaiiilali, Ritter, ,{'iits, Shanktin, Sirouse, TaOer, 
J\',it/ianiel G Taylor, NcUoit Taylor, Trimble, FKard, Whaley, 
Tr/n/cW— 40. 

Tliey were subsequ( ntly referred to the Com- 
mittee on the Judiciary. 

Same day — Mr. James M. Ashley, as a ques- 
tion of privilege, submitted the following: 

I do impeach Andrew Joiinson, Vice-President 
and acting Presidept of the United States, of 
high crimes and misdemeanors. 

1 charge him with a usurpation of pov/er and 
violation of law : 

In tliat he has corruptly used the appointing 
power; 

In that he has corruptly used the pardoning 
power ; 

In tliat he has corruptly used the veto power ; 

In that he has corruptly disposed of public 
property of the United States; 

In tiiat he lias corruptly interfered in elec- 
tions, and committed acts which, in contempla- 



tion of the Constitution, are high crimes and 
misdemeanors : Tlierel'ore, 

Be it resolved. That the Committee on the 
Judiciary be, and they are hereby, authorized 
to inquire into the olJicial conduct of Andrew 
Johnson, Vice-President of the United State.?, 
discharging the powers and duties of the offioe 
of President of the United States, and to rejioit 
to this house whether, in tlieir opinion, the said 
Andrew Johnson, wiiile in said office has lieen 
guilty of acts which were designed or cah ulated 
to overtlirow, subvert, or corrupt the Govern- 
ment of the United Slates, or any department 
or officer tliereof ; and wliether the said Andrew 
Johr.son lias been guilty of any act, or has coq- 
spired with others to do acts, which, in contem- 
plation of the Constitution, are high crimes or 
misdemeanors, requiring the interposition of the 
constitutional power of tills house ; and that said 
committee have power to send for persons and 
papers, and to administer the customary oath to 
witnesses. 

Mr. Spalding moved to lay the subject on the 
table; which was disagreed to — yea 30, nays 106. 

The proposition of Mr. Ashley was then 
agreed to — yeas 108, nays 39, as follow : 

Yeas — Messrs Alley, Allison, Ames, Ariiell, Delos R. Ash- 
ley, .lames M. Ashley, iJaUer, Baldwin, r.aiiks, Barker, 
Bii.xter. Beaman, Beii.iaiiiiii, Kiihvi II, Bin.irliani. Liaiiie. Bont- 
weil, lirandegee, Jlromwell, Brooniall, Bucklaiid, Biindy, 
< hauler. Reader W. Clarke, S dney ("larke, Cohh, Cook, 
Ciilloiii, Culver, DarliriL;, DetVefS, Delano, Deniini;, Di.xon, 
Doiiiiellv, Dri^tL's, E<kley, Farnsw rth, Farquhar, Ferry, 
Garfield", Lirinnell, Ahner"c Harding, Hart, Haves. Hender- 
son. IliL'hy, Hill, Holmes, Hooper. Chewier D HMhti.trd, 
•Tohii H llnblianl, Ingersoll, Jenekes, .Iiili Ml, ICasson, Kel- 
]ey. Kelso. Ke eham, Kuj ;:encla 1, Georse A' L.iwrenco, 
Willi mi Lawrence, Loan, Lonsyear Lyneli. ^lar.*ton. Mar- 
vin, Mayn.ird, McChirg. MrKee, ll< Ruer, Mercnr. Miller, 
Mnorhead. Morrill, Mm ton, Myers, 0"Xei;l,Orlh, I'aine. Pat- 
terson, I'erliam. Pike, Price, William II. Randall. Alexander 
H. I'.ice, .Tohii II. Rice, Sawyer, Schenck, Scotield, Starr, 
Stevens. Strikes, Thayer, John L. Thomas, jr., Trowbridge, 
Upson. Van Aernam, Hamiltim Ward. Warner, Elliliii B. 
W.ishlmrne, Henry D. Washlmrn, Welker, Wentworth.Wil- 
liams, .James F. Wilson, Stephen K. W'ilson. Windom— 108. 

Navs — Messrs. Ancnna, Berfieri. Camp'idl, Cnoper, Davis, 
Dawson, Doilge, Eldritlr/r, Fmck; Gloss' renner, Aaron Hard' 
ing, Hawkins, //use. ifif^uji. .lames R. Hnbhell llumplirey, 
Jlunlir, Kerr, Latham, Lijlwich, McCuUough, Nihlarl:, Nich- 
olson, jVoell, Phelps. Simue.J J. Randall. l?aymond. Hitler, 
Ross. Slianllin, Sp.ilding, Stvovse, Taber, Nathanid O Tay- 
lor. JVi'Is'in Taylor, Trimble, Andrew H. Ward, Whaley, 
IFin/ieW— 39. 

Eeport of the Committee, February 28, 1867. 

Thf Committee on the Juiiciiry, charqed hy the 
House with the examination of certain allega- 
tions of high crimes and viisdemeanors nqninst 
the President of the United States, submit the- 
following report: 

On the seventh daj^ of January, 1867, the 
House, on motion of lion. James "M. Ashley, a 
re[iresontative fiom the State of Ohio, adoiited 
the following jireamble and resolution, to wit: 

"I do impeach Andrew .lohnson. Vice President and act- 
ing President of the United States, of high Crimes and mis- 
demeanors. 

"I ch'irge him with a usurpation of power and violation 
oflaw: in that ho has corruptlv used the appointing power; 
in that he has corruptly used the p.irdoning power; in that 
he has corruptly used the veto power; in that lie has cor- 
ruptly disposed of public property of the United states: in 
that he has corruptly interfered in elections, and eomniitted 
acts, and conspired with others to comniit acts, wliich, in 
contemplation of the Constitution, are high crimes and mis- 
deme.inors. 

'^T/ie.ri/ure, be it resolved. That the Committee on the Ji^- 
di'iary be, and i hey are hereby, authoriyed to iuipiiie into 
tho uthuial couduct of Audruw JoUusoo, Vice PiesiUeut off 



PROPOSED IMPEACHMENT OF PRESIDENT JOHNSON. 



I8y 



Hie United States, dischnrging the p'lwerB and duties of the 
cfBce ol President of the United States, nnd to ivpoit to tliia 
House v.liethi r, in their (pinion, the s:ii'l Andri^w .lohiison, 
while in i lid office, hiia liei-n trnilty of acts «hicl) were de- 
iigiied or Ciilciil ited to overtlnnw, Knlivert, or corrn;it tire 
Uoverniuent of the United States, or any dcpaitnietit or olii- 
cer tlurcof; ind wlietlier the said Andrew Johnson luus 
been '^niliy of anv a it. or Ins conspired with others to do 
nets, which, in cuuteniplution of the Constitution, are high 
crime i or niisdenimiDora, requiring the interposition of the 
constitutional powers of this House; and that said commit- 
tee have p'lwer to send for p.'rst ns and papers and to ad- 
tnini.-iter the unstoninry oath to wituesses." 

Tlie duty imposed on tlie committee, by this 
action of the Hou.se, was of the liighest and 
gravest character. No committee during tlie 
entire history of the Government had ever been 
chargi-d with a more important trust. The re- 
Bponsibihty which it imposed was of oppressive 
weight, and of most unpleasant nature. Ghidly 
wouhl the committee Ivave escaped from the ar- 
duous labors imposed on it by the resolution of 
the House ; but, once imi)Osed, prompt, deliber- 
ate, and faithful action, with a view to correct 
results, became its duty, and to this end it ha.s 
directed its efforts. 

Soon alter the adoption of the resolution by 
the House, the Hon. James M. Ashley commu- 
nicated to the committee, in supjiort of his 
charges against the President of the United 
States, sucli fucts as were in hi.« possession, and 
the investigation was proceeiJed with, and has 
been continued almost without a day's inter- 
ruption. A large number of witnesses has been 
examined, many documents collected, and every- 
thing done which couM be done to rcjch a con- 
clusion of the case. But the investigation covers 
a broad ticld, embraces many novel and inter- 
estini^ and important questions, and involves a 
mult'tude of facts; while most of the witnesses 
are fMstant from the ca[iital ; owing to which, 
the '•ominittee, in view of the magnitude of the 
intei^ests involved in this action, has not been 
able to conclude its labors, and is not, therefore, 
prepared to submit a definite and final report. 

If the investigation had even approached com- 
ple';eriess, the committee woahJ not feel author- 
ised to present the result to the House at this 
late period of the session, unless the charges had 
been so entirely negatived as to admit of no dis- 
cussion, which, in tlie opinion of the committee, 
is not the case. Certainly, no affirmative report 
could be properly considered in the ex[)iriag 
hours of this Congress. 

The committee not having fully invpstigated 
all the charges preferred against the President 
of the United States, it is deemed inexpedient to 
Bubmit nny conclusion, beyond the statement 
that siiflicient testimony has been brought to its 
notice to justify and demand a further prosecu- 
tion of the investigation. 

The testimony which the committee has taken 
will pass into the custody of the Clerk of the 
House, and can go into the hands of such com- 
mittee as may be charged with the duty of 
bringing this investigation to a close, so that 
the labor expended upon it may not have been 
in vain. 

The committee regrets its inability definitely 
to dispose of the important subject committed to 
its charge, and presents this report for its own 
justification, and for the additional purpose of 
notifying the succeeding Congress of the incom- 



pleteness of its labors, and that they should ba 
completed. James F. Wilson, Chairman, 

G. S. BOUTWELL, 

Tnos. Williams, 
BuETON (]. Cook, 
Wm. Lawrence, 
Francis Thomas, 
D. MouRis, 

F. E. WOODBRIDQE. 
MINOHITY REPORT. 

Mr. Rogers, the minority of the committee, 
submits the following as his views: 

The subscriber, one of the Judiciary Commit- 
tee, to whoi» was referred by tlie House the in- 
quiry to inquire into the olhcial conduct of hia 
Excellency the President of the United States, 
with a view to his impeachment upon certain 
charges made by the Hon. James M. Asliley, 
begs leave to submit the following report: 

The committee refuse to ;i!low a repoii to be 
made giving the evidence to the House at this 
time, upon grounds which are no doubt satisfac- 
tory to themselves. Therefore, I cannot report 
tile evidence upon which mj' conclusion is iiased, 
which I would gladly do, did the committee 
deem it expedient. The examination of wit- 
nesses and the records was commenced, as ap- 
pears by the majority report, about the time of 
the reference, to wit, on the 7th of January, 
1867, and continued dail3^ A large number of 
witnesses has been examined, and everything 
done that could be to bring the case to a close, 
as appears by the majority report; and the ma- 
joritjr came to the conclusion " that sufficient 
testimony has been brought to its notice to jus- 
tify and demand a furtlier prosecution of the 
investigation." I have carefully examined all 
the evidence in the case, and do report that 
there is not one particle of evidence to sustain 
any of the charges which the House charged the 
committee to investigate, and that the case is 
wholly without a particle of evidence upon 
which an impeachment could be founded, and 
that with all the effort that has been made, and 
the mass of evidence that has been taken, the 
case is entirely bald of [iroof. I furthermore 
report that the most of the testimony that has 
been taken is of a secondary character, ami such 
as would not be admitted in a cpurt of justice. 
In view of this conclusion, I can see no good in 
a continuation of the investigation. I am con- 
vinced that all the proof that can be produced 
has been before the committee, as no pains have 
been spared to give the case a full investigation. 
Why, then, keep the country in a feverish state 
of excitement upon this question any longer, as 
it is sure to end, in my opinion, in a complete 
vindication of the President, if justice be done 
him by the committee, of which I have no doubt. 
A. J. Rogers. 

Impeachment in Fortieth Congress. 

In PIouse. 

1867, March 7 — Mr. James M. Ashley rose 
to a question of privilege, and submitted these 
resolutions : 

Whereas the House of Representatives of the 
Thirty-Ninth CDngress adopted, on the 7th of 
January, 1867, a resolution authorizing an in- 



190 



POLITICAL MANUAL. 



quiry into certain cl)arges preferred against the 
l-'re^ldL'nL >i the United States; and v/hereas 
the Judiciary Committee, to wliom said resolu- 
tion and charges were referred, wiih authority 
to investigate ilie same, were unable for want of 
time to complete said investigation before the 
exjiiration of the Thirty-Nintii Congress ; and 
whereas in the report submitted by said Judici- 
ary Committee on tlie 2d of March they declare 
that th.e evidence taken is of such a character 
as to justify and demand a continuation of the 
investigation by lliis Congress : Thei'efore, 

Be it resolved hi/ the House of R^'presentativcs, 
That the Judiciary Committee, when apyiointed, 
be, and they are hereby, instructed to continue 
the investigation authorized in said resolution of 
January 7, 18P>7, anil that they have power to 
send tor persons and [lapers. and to administer 
the customary oath to witnesses ; and that the 
committee have authority to sit during the ses- 
sions of the House and during any recess which 
Congress or this House may take. 

Ilrsohcd, That tlie Speaker of the House be 
requested to appoint the Committee on the Ju- 
diciary forthwith, and that the committee so ap- 
pointed 1)6 directed to take charge of the testi- 
mony taken by the committee of the last Con- 
gress ; and tliat said committee have [>o\ver to 
app'^int a clerk at a compensation not to exceed 
six dollars per day, and employ the necessary 
stenographer. 

Iiesolrcd, That the Clerk of the House o' Rep- 
resentatives be directed to pay out of the con- 
tingent lund of the House, on the order of the 
Committee of the Judiciary, such sum or sums 
of money as may be required to enable the said 
corumittee to prosecute the investigation above 
directed, and such other investigations as ii may 
be ordered to make. 

Yiv. HoLMAN moved to table the resolutions, 
which v;as disagreed to — yeas 32, nays 119, as 
follow : 

Yeas — Messrs. Archer, Barnes, Doyer. Jironks, Burr, 
Chinihr, I'enisim, hldridge. fax Getz. ITiji;/lit, IMinan, 
Hictjihri'!/. Kerr, Mirsliall, McCitUmigh. Morgan, Mi>rrissiy. 
ilunge:', A'iblach; NidioUnn, I'hiilps, l'ru:in, Rundall, Rob- 
inson. Ji.'iis.t, Siigrenves, Stewart, Stone, Tuher, Van Auken, 
Van Tmmp, ITiifx^— o2. 

Nats — Messrs. Allison, Ames, Aiuiersoii, Delos R. Asliley, 
Jamen M. Ashley, l:;iker. ISaldwin, liiiiiks, Beaiiiaii. Coija- 
min. l.iii^liiiui. IJl;aiie, lilair, Uoutwell IJruinwell, Uiovini ill, 
Buckliind, IJulIer, Cake, Churcliill, Reailer W. ( laike, ijid- 
uey ( liukc, < i)l)b. Cdlmin, Cook, Cornell, (^)V(j(le, ( ullom, 
lUiwes, Dodge. Donnelly, Driggs, Kckley, Eg^leston. Eliot, 
Fnriiswor"!. lerris-f. Kerry, Fields, t'innev, Uarlield, (jr.ivelv, 
Ilal-ey, IliiiiiUoii, II irdiiig, llayts. Hill, Hooper, Ilopkir^i, 
Cliebt' r ii. IlnM.ard, Hnllinrd, Hunter, In'^ersjjl, .Indd, 
Julian, Ki lley, Ketcliatn. Kitchen, Koontz, Latlin, George 
V. Lawrence, William Lawrence, Lincoln. Loan, Logan, 
Loughridj^e, Lyricli, Marvin. McCarthy, Mcflurg, Mercur, 
MiKcr, .Monro, Mnorheail, Morrell, Myers, N' wcoinli, Noell, 
O'Neill, O 111, Paine, Perhum, Peters, file, I'l.ints, Poland, 
Polsley, I'^nieroy, ■ rice, Itaum, Robertson. Sawyer, Sclienck, 
Scoli. id, :-liaiik8. .>ihellaljar;j;pr. Smith, Stevens, TatVe, Tay- 
lor, Tlioiims. 'J rowliriil<^e. Twichell, Upson, Van Aernani, 
Burl \an Horn. Rolieit T. Van Lorn, Van W yck. Ward, 
Cadv, ;idr r C Uashhurn, William 1!. Washburn, Welker, 
I'lioiu^u Williunis, William Williunis, James F. 'WiUuo, 



John T. 'Wilson, Stephen F. Wilson, Wiudom, Woodbridga 
—119. 

March 29— Mr. Sidney Cl.\rke offered this 
preamble and resolution : 

Whereas upon chiirgca preferred in tl e House 
of Representatives of ibe Thirty-Ninth Congres^i 
against the President of the United States of 
high crimes and misdemeanors, alleged to have 
been committed by him in the execution of his 
official trust, tlie Committee on the Judiciary of 
tlie said House, to wliicli the same was referred, 
did report tliat for want of sufficient time they 
were unable to concluile their investigation, but 
that upon the facts disclosed it was in their judg- 
ment required and demanded that the inquiry 
should be ]irosecuted to a conclusion by the pres- 
ent Congress; and whereas in accordance with 
the said ofiinion tliis House did commit the said 
subject anew to its Committee on the Judiciarj', 
which is now diligently engaged in the examin- 
ation thereof; and whereas, in view of the re- 
port and recommendation of the Judiciary Com- 
mittee of the last House, it would be dangerous 
to the public interest and failure of duty on the 
part of the present Congress, to adjourn and ab- 
dicate its practical control over the administra- 
tion of the Government by surrendering its des- 
tinies, in the present critical condition of aiVairs, 
into the hands of an officer thus impeached l)efore 
the nation, and well known not only to be hostile 
to the policy of its Congress, and to entertain 
the opinion that all the acts of that Congress 
looking to a restoration of the Union are uncon- 
stitutional: Therefore, 

Resolved, That the Committee on the Judi- 
ciary be re(]uested to report on the charges pre- 
ferred against the President, as aforesaid, on the 
first day of the meeting of the Plouse after the 
recess hereafter to be determined. 

Mr. RoaiNsoN moved to table the resolution ; 
which was disagreed to — yeas 38, nays 03, aa 
follow : 

Yeas— Messrs. ./IrcAf^r, P>ingham, Blair, BrooJcs, Bucklandi 
Burr, Clianl'T, Reader W. Clar e, Cornell, Denit in, Eld- 
ridge, Ferriss, Fields, Get:. Gl'issbreuner, Griswold, Uolman, 
Chester I), l.uldiard, Humphrey , Kerr, Ketcham, Lafiin, 
Marshall, Marvin, Morrissey, Muri'ieu, Niblack, Nicliolson, 
Phelps, Plants, Lofdnson, lioss. Silgreive^, Stewart, Tabet; 
Van Aukei). Van Trump. Wood — 38. 

Nats — Messrs. Allison James M. Ashley, Baker, Benton, 
Boutwell, Broomall, Butler, Cake, Churcliill. Sidney Clarke, 
Coburii, Coolt, Covode, Culloni, Donnelly, Uriggs, Eckley, 
Eggleston, Kla, Farnswortli.Gartield. Gravely, llalsey, ilani- 
illon, Hayes, Hooper, Hopkins, Ilulburd, liigersoll. Judd, 
Kelley, Koontz, William Lawrence, Loan, Logan, I ougli- 
ridge, Sfallory. McClurg, Mercur, Miller, .Morrell, Myers, 
O'N ill. Perham, Pile, Ptdsley. Robertson, Sawyer, Sehenck, 
Scofield, Shanks, Thaddeus Stevens, T.iylor, Trowbridge, 
Upson, Robert T. Van Horn, Ward, VVelljer. Thomas Wil- 
liams, William Williams, John T. Wilson, Wiudom, Wood- 
bridge — 63. 

The preamble was laid on the table, on a 
division by tellers — -ayes 54, noes 32. The reso- 
lution was then adopted. 

The committee, it is understood, will make a 
report upon the 3d of July, on the reassembling 
of Congress. 



XVIIl- 



TEXT OF THE RECOINSTRUCTION MEASORES. 



14th Constitutional Ainendmont. 
Joint Resolution proposing an Amendment to 
the Constitution of the Uniteii States. 
Be it resoloed by the Senate and House of Rep- 
resentatives of th.e United States of America, in 
Congress assembled, (two-thirds of both Houses 
concurring,) That the following article be pro- 
posed to I lie Legislatures of the several States as 
an ainentimenl to the Constitution of the United 
States, which when ratified by three-fourths of 
said Legislatures, shall be valid as part of the 
Constitution, natuely : 

ARTICLE XTV. 

Section 1. All persons born or naturalized in 
the United States, and subject to tlie jurisdiction 
thereof, are citizens of the United Stales and of 
the State wherein they reside. No State shall 
make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United 
States; nor sliali any State deprive any person 
of life, liberty, or property, without due process 
of law, nor d'^ny to any person within its juris- 
diction tiie equal y)rotection of the laws. 

Sec. 2. Re|)resentatives sliall be apportioned 
among the several States according to their re- 
spective numbers, counting the whole number 
of persons in eacli State, excluding Indians not 
taxed. But when the right to vote at any elec 
tion for the choice of electors for President and 
Vice President of the United States, representa- 
tives in I'ongress, the executive and judicial 
officers of a State, or tiie members of t>ie Legis- 
lature thereof, is denied to any of the male inhab- 
itants of .such ^tate, being twenty-one years of 
age, an<l citizens of the United States, or in any 
way abridged, except for participation in rebel- 
lion or other crime, the basis of representation 
therein shall be reduced in the proportion which 
the nnmher of such male citizens shall bear to 
the whole number of male citizens twenty-one 
years of age in such State. 

Sec. 3. No person shall be a Senator or Rep- 
resfciitative in Congress, or elector of Presiden*- 
and Vice President, or hold any office, civil or 
military, umler the United States, or under any 
State, who, having previously taken an oath as 
a member of Congress, or as an officer of the 
United States, or as a member of any State Legis- 
lature, or as an executive or judicial officer of 
any State, to support the Constitution of the 
United States, shall have engaged in insurrection 
or ri^bellion against the same, or given aid or 
confort to the enemies thereof. But Congress 
may, by a vote of two thirds of each House, re- 
move such disability. 

Sec. 4. The validity of the public debt of the 
United States, authorized by law, including debts 
incurretl for payment of pensions and bounties 
for services in suppressing insurrection or rebel- 
lion, shall not be questioned. But neither the 
United States nor any State shall assume or pay 
any debt or obligation incurred in aid of insur- 



rection or rebollion against the United States, OT 
any claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

Sgc. 5. That Congress shall have power to en- 
force, by a.ppropriate legislation, the provisions 
of this article. 

Passed June 13, 1866. 



Reconstruction Act of Thirty-Ninth Congresa 

An Act to provide for the more efficient gov 
eminent of the rebel States. 

Whereas no legal State governments cr ade- 
qua'te protection for life or property now exista 
in the reijel States of Virginia, North Carolina, 
South Carolina, Georgia, Mississipfii, Alabama, 
Louisiana, Florida, Texas, and Arkansas ; and 
whereas it is necessary that peace and good order 
should be enforced in said States until loyal and 
republican State governments can be legally es- 
tablished : Therefore 

Be it enacted, &c.. That said rebel States shall be 
divided into military districts and made subject 
to the military authority of the United States, 
as hereinafter prescribed, and for that purpo-^e 
Virginia shall constitute the first district ; North 
Carolina and South Carolina the second district ; 
Georgia, Alabama, and Florida the third dis- 
trict; Mississippi and Arkansas the foiir'h dis- 
trict; and Louisiana and Texas the fil'Lh district. 

Sec. 2. That it shall be the duty of the Presi- 
dent to assign to the command of each of said 
districts an officer of the army, not below tho 
rank of brigadier general, and to detail a suffi- 
cient military force to enable such officer to per- 
form his duties and enforce his authority within 
the district to which he is assigned. 

Sec 3. That it shall be the duty of each officer 
assigned as aforesaid to protect all persons in 
their rights of person and property, to suppress 
insurrection, disorder, and violence, ami to pun- 
ish, or cause to be punished, all disturbers of the 
public peace and criminals, and to this end ha 
may allow local civil tribunals to take jurisdic- 
tion of and to try offenders, or, when in his 
judgment it may be necessary for the trial of 
offenders, he shall have power to organize mili- 
tary commissions or tribunals for ihat purpose; 
and all interference undercolor of State author- 
ity with the exercise of military authority undet 
this act shall be null and void. 

Sec. 4. That all persons put t?tider military 
arrest by virtue of this act sliall be tried with- 
out unnecessary delay, and no cruel or unusual 
punishment shall be inflicted ; and no sentence 
of any military commission or tribunal liereby 
authorized, affecting the life or liberty of any 
person, shall be executed until it is approved by 
the officer in command of the district, and the 
laws and regulations for the government of the 
army shall not be affected by this act, except in 
so far as they conflict with its provisions : Pro ■ 

lyl 



192 



POLITICAL MANUAL. 



vided. That no sertence of deatli under the pro- 
visions of tliis act shall be carried into eirect 
without the a[)proval of the Pre.-^iilent. 

Sec. 5. That when the people of any one of 
said rebel States shall have formed a constitution 
of government in conformity with the Constitu- 
tion of the United States in all respects, framed 
by a convention of delegates elected by the male 
citizeus of said State twenty one years old and 
upward, of whatever race, color, or previous con- 
dition, who have been resident in said State for 
one year previous to the day of such election, 
except such as ma^v be disfranchised for jiartici- 

fiation in the rebellion, or for felony at cofnmon 
aw, and when such constitution siiall provide 
that the elective franchise shall be enjoyed by 
all such persons as have the qualifications herein 
stated for electors of delegates, and when siah 
constitution shall be ratilicd by a niiijority of 
the persons voting on the question of raiification 
who are qualified as electors for delegates, and 
when such constitution shall have been submit- 
ted to Congress for examination and apyiroval, 
and Congress shall have apjiroved the same, 
and when said State, by a vote of its legisla- 
ture elected under said constitution, shall have 
adopted the amendment to the Constitution 
of the United States, proposed by the Thirty- 
ninth Congress, and known as arti^ le fourteen, 
and v/hen said article shall have become a jiart of 
the Constitution of the United States, said State 
shall be declared entitled to representation in 
Con^rrress, and Senators and Rejiresentatives shall 
b'5 admitted therefrom on their taking the oaths 
prescribed by law, and then and thereafter the 
preceding sections of this act shall be mofiera- 
tive in said State: Provided, That no person ex- 
cluded from the privilege of holding office by 
said [iroposed amendment to the Constitution of 
the United States shall l)e eligible to election as 
a member of the convention to frame a constitu- 
tion for any of said rebel States, nor shall any 
Buch person vote for members of such conven- 
tion. 

Sec. 6. That until the people of saii5 rebel 
States shall be by law admitted to representa 
tion in the Congress of the United States, any 
civil governments which may exist therein shall 
be deemed provisional onlj-, and in all respects 
subject to the paramount authority of the United 
States at any time to abolish, modify control, 
or supersede the same; and in all elections to 
any office under such provisional governments 
all per.-ons shall be entitled to vote, and none 
others, who are entitled to vote under the pro- 
visions of the fifth section of this act; anu no 
person shall be eligible to anj- ollice under any 
such provisional governments who would be dis- 
<jualified from holding ofilce under the provis- 
ions of the third article of said constitutional 
amendment. 

Parsed March 2, 18G7. 

Supplemental Reconstruction Act of Fortieth 
Congress. 

An Act supplementary to an act entitled "An 
act to provide for the more efficient govern- 
ment of the rebel States," passed March sec- 
ond, eighteen hundred ana sixty-seven, and 
to facilitate restoration. 



Be it enacted. &c , That before the first day of 
September, eighteen hundred and sixty seven, 
the commanding general in each distiii-t defined 
by an act entitled "An act to jirovide for ihe 
more effiiient government of the rebel .States," 
passed March second, eighteen hundrctd and 
sixty-seven, shall cause a registration to be made 
of the male citizens oi' the United States, twenty- 
one years of age and ufiwards, resident in each 
count}- or fiarish in the State or Stales included 
in iiis district, which registration shall inch'de 
only those persons who are qualified to vote for 
delegates by the act aforesaid, ar, i who shall 
have taken and subscribed the following oath or 

affirmation: '' I, , do solemnly swear, (or 

affirm,) in the presence of Almighty God, that I 

am a citizen of the State of ; that 1 hafe 

resided in said State for months next 

preceding this day, and now reside in the county 

of , or the parish of , in said Stale, 

(as the case may be ;) that I am twenty one 
years old ; that I have not been disfrandiisnd 
for participation in any rebellion or civil wjir 
against the United States, nor for felon}' com- 
mitted against the laws of any State or of the 
rjniied States; that I have never been a mem- 
ber of any Slate legislature, nor held anj- exec- 
utive or judicial office in any State and after- 
wanls engaged in insurrection or rebellion 
against the United States, or given aid or com- 
fort to the enemies thereof; that I have never 
taken an oath as a member of Congress of the 
United States, or as an officer of the United 
States, or as a member of any State legislature, 
or as an executive or judicial officer of any 
State, to sup[iort the Constitution of the United 
States, and afterwards engaged in insurrection 
or rebellion against the United States or given 
aid or comfort to the enemies thereof; that I 
will faithfully support tlie Constitution and obey 
the laws of the United States, and will, to the 
best ol my ability, encourage others so to do, so 
help me God ;" which oath or affirmation may be 
administered by any registering officer. 

Sec. 2. That after tlie comyiletion of the regis- 
tration hereby provided for in any State, at such 
time and places therein as the commanding gen- 
eral shall appoint and direct, of which at least 
thirty days' public notice shall be given, an 
election shall beheld of delegates to a convention 
for the purpose of establishing a constitution and 
civil government for such State loyal to the 
Union, said convention in each Stale, except 
Virginia, to consist of the same number of mem- 
bers as the most numerous branch of tlie State 
legislature of such State in the year eighteen 
hundred and sixty, to be apportioned among the 
several districts, counties, or parishes of such 
State by the commanding general, giving to each 
representation in the ratio of voters registered 
as aforesaid, as nearly as ma.y be. The convtii- 
tion in Virginia shall consist of the same number 
of members as represented the territory now con- 
stituting Virginia in the most numerous branch 
of the legislature of said State in the year eigh- 
teen hundred and sixty, to be apportioned as 
aforesaid. 

Sec 3. That at said election the registered 
voters of each State shall vote for or against a 
convention to form a constitution therefor under 



TEXT OF THE RECONSTIUCTION MEASURES. 



193 



^^'is act Those voting in favor of such a, con- 
t'.ntion shall have written or printed on the 
I' lUots by which they vote for delegates, as afore- 
an.id, the words " For a convention," and those 
voting against such a convention shall have 
written or printed on such ballots the words 
"A.gainst a convention." The person appointed 
to superintend said election, ana to make return 
of the votes given thereat, as herein provided, 
shall count and make return of the votes given 
for and against a convention ; and the com- 
•nanding general to whom the same shall have 
been returned shall ascertain and declare the 
total vote in each State for and against a con- 
rention. If a majority of the votes given on 
Ihat question shall be for a convention, then 
luch convention shall be held as hereinafter pro- 
vided ; but if a majority of said votes shall be 
against a convention, then no such convention 
shall be held under tliis act: Provided, That such 
convention shall not be held unless a majority 
of all such registered voters shall have voted on 
the question of holding such convention. 

Sec. 4. That the commanding general of each 
district shall appoint as many boards of regis- 
tration as may be necessary, consisting of three 
loyal officers or persons, to make and complete 
the registration, superintend the election, and 
make return to him of the votes, lists of voters, 
and of the persons elected as delegates by a plu- 
rality of the votes cast at said election ; and 
upon receiving said returns he shall open the 
same, ascertain the persons elected as delegates 
according to the returns of the officers who con- 
ducted said election, and make proclamation 
thereof; and if a majority of the votes given on 
that question shall be for a convention, the com- 
manding general, within sixty days from the 
date of election, shall notify the delegates to ar- 
semble in convention, at a time and place to be 
mentioned in the notification, and said conven- 
tion, when organized, shall proceed to frame a 
constitution and civil government according to 
the provisions of this act and the act to which it 
is supplementary ; and when the same shall have 
been so framed, said constitution shall be sub- 
mitted by the convention for ratification to the 
persons registered under the provisions of this 
act at an election to be conducted by the officers 
or persons appointed or to be appointed by the 
commanding general, as hereinbefore provided, 
and to be held after the expiration of thirty days 
from the date of notice thereof, to be given by 
said convention ; and the returns thereof shall 
be made to the commanding general of the district. 

Sec. 5. That if, according to said returns, the 
constitution shall be ratified by a majority of 
the votes of the registered electors qualified as 
herein specified, cast at said election, (at least 
one half of all the registered voters voting upon 
the question of such ratification,) the president 
of the convention shall transmit a copy of the 
same, duly certified, to the President of the Uni- 
ted States, who shall forthwith transmit the 
same to Congress, if then in session, and if not 
in session, then immediately upon its next as- 
sembling ; and if it shall, moreo\'er, appear to 
Congress that the election was one at which all 
the registered and qualified electors in the State 
had an opportunity to vote freely and without 
13 



restraint, fear, or the influence of fraud, and if 
the Congress shall be satisfied that such consti- 
tution meets the approval of a majority of all 
the qualified electors in the State", and if the 
said constitution shall be declared by Congress 
to be in conformity with the provisions of the 
act to which this it supplementary, and the 
other provisions of said act shall have been com- 
plied with, and the said constitution shall be 
approved by Congress, the State shall be de- 
clared entitled to representation, and Senators 
and Representatives shall be admitted therefrom 
as therein provided. 

Sec. 6 That all elections in the States men- 
tioned in the said "Act to provide for the more 
efficient government of the rebel States," shall, 
during the operation of said act, be by ballot ; 
and all officers making the said registration of 
voters and conducting said elections khall, be- 
fore entering upon the discharge of their duties, 
take and subscribe the oath prescribed by the 
act approved July second, eighteen hundred and 
sixty-two, entitled "An act to prescribe an oath 
of office:"* Provided, That if any person shall 
knowingly and falsely take and subscribe any 
oath in this act prescribed, such person so offend- 
ing and being thereof duly convicted, shall be 
subject to the pains, penalties, and disabilities 
which by law are provided for the punishment 
of the crime of wilful and corrupt perjury. 

Sec. 7. That all expenses incurred by the sev- 
eral commanding generals, or by virtue of anj'' 
orders issued, or appointments made, by them, 
under or by virtue of this act, shall be paid out 
of any moneys in the treasury not otherwise 
appropriated. 

Sec. 8. That the convention for each State 
shall prescribe the fees, salary, and compensation 
to be paid to all delegates and other officers and 
agents herein authorized or necessary to carry 
into effect the purposes of this act not herein 
otherwise provided for, and shall provide for the 
levy and collection of such taxes on the property 

* This act is in these words : 

Be it (tiactejl, rfc. Tliat hereafter every person elected or 
ap])ointed to any office of honor or profit under the Govern- 
ment of tlieUniteii States eithiT in the civil . military, or naval 
departments of tlie pulilic service, excepting the Presidentof 
tlie United States,sha]l,before entering upon the duties of such 
office, and before being entitled to any of the salary or other 
emoluments thereof, take and subscribe the following oith 
or affirmation : "I, A B. do solemnly swear (or affirm) that 
I have never voluntarily borne arms against the United 
States since I have been a citizen thereof; that I have vol- 
untarily given n' i aid, countenance, counsel,orencouragHment 
to persons engaged in armed hostility thereto; t\\M I have 
never sought nor accepted nor attempted to exercise the 
functions of any office whatever, under any authority or 
pretended authority, in hostility to the United States ; that 
I have not yielded a voluntary support to any pretended 
government, authority, power, or constitution within the 
United States, hostile or inimical thereto; and I do further 
swear (or affirm) that, to the best of my knowledge and 
abi ity, I will support and defend the Constitution of the 
United States, against all enemies, foreign and domestic; 
tliat I will bear true faith and allegiance to tliesame; that I 
take this obligation freely, without any mental reservation 
or purpose of evasion, and that I will well and faithfully 
discharge the duties of the office on which I am aoont to 
enter; so help me God;" which saiil oath, so taken and 
signed, shall be preserved among the files of the Court, 
House of Congress, or Departmemt to which the said office 
may appertain. And any person who shall falsely take the 
said oath shall be guilty of perjury, and on conviction, in 
addition to the penalties now prescribed for that offense, 
shall be deprived of his office, and rendered incapable for- 
ever after, of holding any office or place under the United 
States. 



194 



POLITICAL MANUAL. 



in such State as ma}' be necessary to pay the 
same. 

Sec. 9 Tliat the word article, in the sixth 
section of tlie act to which tliis ii< supplementary, 
shall be construed to mean section. 

Passed March 23. 1867. 

Votes of State Legislatures on the Fourteenth 

Constitutional Amendment. 

LOYAL STATliS. 

RATIFIED — TWE:VTy-ONE STATES. 

Maine — 

Senatt;, Jannary Ifi, ISfiT, yeas 31, nays 0. 

II'iusE, Jjiiiuary 11, 1S6T, yeas 126, nays 12. 
iVew Hampsldre — 

Senate, July 6. ISOfi, yeas 9. nays 3. 

lioosE, Juue 28, 18ijti,"yeas 207,' nays 112. 
Vermont — 

Senate. October 23, 1865, yeas 2S, nays 0. 

House, October 30, 1S60. yeas iSO, nays 11. 
Xassacliusells — 

Senate. March 20, 1«6:. yoas 27. nays 6. 

House, March U, 18ti7, ye.-u-i 120, nays 20. 
Bhodt Island — 

Senate, February 5, ISCT, yeas 26, nays 2. 

House, February 7, 1867, yeas 60, nays 9. 
Connecticut — 

Senate, Juue 25, 1.S66, yeas 11, nays 6. 

House, June 29, 1S66, yeas 131, naj'S 92. 
Xfev] Tni-k — 

Senate, January 3, 1867, ye.as 23, nays 3. 

House, Januai-y lu, l!567, yeiis 76, nays 40, 
JTew Jersey — 

S.:nate, Seiitcmber 11, 1RC6, yeas U, nays 10, 

HouSK, Septeiubur 11, 1806, yeas 34, nays 24. 
Pennsylvania — 

Senate, January 17, 1867, yeas 20, nay89. 

House, Kebruaiy ti, 1S67, yt-iis 58, nays 29. 
West Virginia — 

Senate, Jiinuary 15, 1867, yeas 15, nays 3, 

House, Jauuai-y 16, 1867, yeas 43, nays 11. 
Ohio— 

Senate, January 3, 1867, yeas 21, nays Vz. 

HuLSE, January 4, 1S67, yeas 64, nays 25. 
Tennesfee — 

Senate, Jnly 11, 1866, yeas 1 5, mys 6. 

House, July 12, 1866, yeas 43, nays 11. 
Indiana — 

Senate, January 16, 1R67, yeas 29, nays 18. 

House, January 23, 1867, yoas — , nays — . 
lUinoif — 

Senate, January 10, 1RG7, yeas 17, nays 7. 

House, January 15, 1867, yeas 59, nays 25. 
Michigan — 

Senate, 1867, yeas 25, nays 1. 

House, 1S67, yeas 77 nays 15. 

Mittovri— 

Senate, January 5, 1867, yeas 26, nays 6. 

House, January 8, 1867, yeas 85, nays 34. 



Minnesota— 

Senate, January 16, 1867, yeas 16 nays ft. 

House, January 15, 1867, yeas 40, nays 6. 
Kansas — 

Senate, January 11. 1867, unanimously. 

House, January 10. 1867, yeas 75, nays 7. 
Wisconsin — 

Senate. January 23, 1867, yeas 22, nays 10. 

House, February 7, 1867, yeas 72, nay* 12. 
Oregon — 

*Senate, , 1866, yeas 13, nays 7. 

House, September 19, 1866, yeas 25, nays 22. 
Nevada — 

*Senate, January 22, 1867, yeas 14, nays 2. 

House, January 11, 1807, yeas 34, nays 4, 
♦Unofficial. 

REJECTED — three STATES. 

Delaware — 

Senate. 

House, February 6, 1867, yeas 6, nays 15. 
Maryland — 

Senate, March 23, 1867, yeas 4, nays 13. 

House, March 23, 1867, yeas 12, naij's 45. 
Kentuch-y — 

Senate, .Tannary 8, 1867, yeas 7, nays 24. 

House, January 8, 1807, yeas 20, nays 62. 

not acted — three states. 
Iowa, California, Nebraska. 

INSURRECTIONARY STATES. 

REJECTED— ten STATES. 

Virginia — 

^■ENATE, January 9, 1867, unanimously. 

House, January 9, 1867,1 for amendment. 
North Carolina — 

Senate, December 13, 1866, yeas 1, nays 44, 

House, December 13, 1866, yeas 10, nays 93, 
South Carolina — 

Senate, . 

l4iUSE, December 20, 1866, yeas 1, nays 95. 
Georgia — 

Senate, November 9. 1866, yeas 0, nays 36. 

House, November 9, 1866, yeas 2, nays 131. 
Flffrida — 

Senate, December 3, 1866, yeas 0, naya 20. 

House, December 1, 1866, yeas 0, nays 49. 
Alabama — 

Senate, December 7, 1860, yeas 2. nays 27, 

House, December 7, 1866, yeas 8, nays 69. 
Mississippi — 

Senate, January 30, 1867, yeas 0, nays 2T. 

House, January 25, 1867, yeas 0, nays 88. 
Louisiana — 

Senate, February 5, 1867, unanimously. 

House, February 6, 1867, unanimously. 
Texas — 

Senate, . 

House, October 13, 1866, yeas 6, nays 67. 
Arkansas — 

Senate, December 15, 1866, yeas 1, nays 24. 

House, December 17, 1866^ yeas 2, nays 68. 



PROCLAMATIONS AND ORDERS. 



PSESIDENT JOHNSON'S PROCLAMATIONS, 
ORDERS, AND TELEGRAMS ON RECON- 
STRUCTION. 

Declaring the Insurrection at an End in Texas, 
and Civil Authority existing throughout the 
whole of the United Sr.ates, August 20, 1866. 
Wl)ereas, by procl.irnation of the fifteenth and 
nineteenth of A[)ril, oit^hteen liiin'Jred and sixty- 
one, the President of tlie United States, in virtue 
of the [lOwer vested in him by the Constitution 
and the laws, dcclarc^d that the laws of the Uni- 
ted States were opposed and the execution thereof 



obstructed in the States of South Carolina, Geor- 
gia, Alabama, Florida, Mississippi, Louisiana, 
and Texas, by combinations too powerful to be 
suppressed by the ordinar}'- course of judicial 
pnxieedings, or bj^ the powers vested in the mar- 
shals by law ; 

And wliereas, by another proclamation, made 
on the sixteenth day of August, in the same 
year, in pursuance of an act of Congress ap- 
]iroved July thirteen, one tliousand eight hun- 
dred and sixty-one, the inhabitants of the States 
of Georgia, South Carolina, Virginia, North Car- 
olina, Tennessee, Alabama, Louisiana, Tenas, 



PROCLAMATIONS AND ORDERS. 



195 



Arkansas, Mississippi, and Florida, (except tlie 
inhabitants of that part of the State of Virginia 
lying west of the Alleghany mountains, and 
except also the inhabitants of such other parts 
of that State, and the other States before named, 
as might maintain a loyal adhesion to the Union 
and the Oonstitntion, or might be, from time to 
time, occupied and contrciUcd by forces of the 
United States engaged in the dispersion of insur- 
gents,) were declared to be in a state of insur- 
rection against the United States; 

And whereas, by another proclamation, of the 
first day of July, one thousand eight hundred 
find sixty-two, issued in pursuance of an act of 
Congress approved June seventh, in the same 
year, the insurrection was declared to be still 
existing in the States aforesaid, with the excep- 
tion of certain specified counties in the State of 
Virginia; 

And whereas, by another proclamation made 
on the second day of April, one thousand eight 
hundred and sixty-three, in pursuance of the 
act of Congress of Jnly thirteen, one thousand 
eight hundred and sixty one, the exceptions 
named in the proclamation of August sixteen, 
one thousand eight hundred and sixty-one, were 
revoked, and the inhabitants of the States of 
Georgia, South Carolina, North Carolina, Ten- 
nessee, Alabama, Loui.^iana, Texas, Arkansas, 
Mississippi, Florida, and Virginia (except the 
forty-eight counties of A^irginia designated as 
West Virginia, and the ports of New Orleans;, 
Key West, Port Royal, and Beaufort, in Nurth 
Carolina) were declared to be still in a state of 
insurrection against tlie United States; 

And whereas, by an other proclamation of the fif 
teentli <lay of September, one thousand eight hun- 
dred and sixty- three, made_ in pursuance of the 
act of Congress approved March third, one thou- 
sand eight hundred and sixty-three, the rebellion 
was declared to be still existing, and the privi- 
lege of the writ of habeas corpus was in certain 
specified cases .'suspended throughout the United 
States, said suspension to continue throughout the 
duration of the rebellion, or until said proclama- 
tion should, by a subsequent one to be issued by 
tlie President of the United States, be modified 
or revoked ; 

And whereas the House of Representatives, 
on the twenty-second day of July, one thousand 
eight hundred and sixty-one, adopted a resolu- 
tion in the words following, namely : 

Rexnlved hy Uie HiMxe of Ifepresentatives of the Congress 
of Vie. United States, That tlie iireserit deplorable civil war 
has bet-n forced upon tlie comitry by the disutiionists of the 
8outlii-rn States, now in revolt against the constitutional 
Giiveruiaeut, and in arms around the capital; that in this 
national emergency, Conjiress, banisliingall feelings of mere 
passion or resentment, will recollect only its duly to the 
wholi! country : that this war is not waged upon our part 
in any spirit of oppre-sion. nor for any purpose of conquest 
or snii.jngalion, nor pnrpose of overthrowing or interfering 
with tlie rif;hts or establishid institutions of those States, 
jbnt to defend and maintain the supremacy of the Constitu- 
tion, and to preserve the Union with all the dignity, equal- 
ity, and rights of the several States nnimp ired, and that as 
soon as these objects are accomplished the war ought to 
cease. 

And whereas the Senate of the United States 
on the twenty-fifth day of July, one thousand 
eight hundred and sixty-one, adopted a resolu- 
tiou in the words following, to wit: 

JiKSdlred, That the present deplorable civil war has been 
forced upon thu country by the disuniouists of the southern 



States, now iu revolt against the constitutional Government, 
and in arms around the capit:il ; that in this national emer- 
gency, Congress, banishing all feeling (.f mere p.is.-ion or 
resentment, will recollect only its duty to the whole coun- 
try ; that this war is not prosecuted upon our part in any 
spirit of oppression, nor ibrany purpose of conquest or sub- 
jugation, nor purpose of overthrowing or interlerU.g with 
the rights or estaldislied inslitu ions of th<'se S'ates, but to 
defend and maintain the supremacy of the Constitution, and 
nil laws made in pursuance thereof, and to preserve llie 
Union with all the dignity, equality, and rights of the several 
States UTiimpaired; that as soon as these objects are axon; 
pushed the war ought to cease. 

And whereas these resolutions though not joint 
or concurrent in form, are substantiallj' identical, 
and as such have hitherto been and yet are re- 
garded as having expressed the sense of Congress 
upon the subject to which they relate; 

And whereas the President of the United 
States, byproclamationof the thirteenth of June, 
eighteen hundred and sixty-five, declared that 
the insurrection in the State of Tennessee had 
been suppressed, and that the authority of the 
United States therein was undisputed, and that 
such United States officers as had been duly com- 
missioned were in the undisturbed exercise of 
their official functions; 

And whereas the President of the United States, 
by further proclamation issued on the second 
day of April, one thousand eight hundred and 
sixty-six, did promulgate and declare that there 
no longer existed any armed resistance of mis- 
guided citizens or others to the authority of the 
United States in any or in all the States before 
mentioned, excepting only the State of Texas, 
and did further promulgate and declare that the 
laws could be sustained and enforced in the sev- 
eral States before mentioned, except Texas, by 
the proper civil authorities, State or Federal, and 
that the people of the said States, except Texas, 
are well and loyally disposed, and have con- 
formed or will conform in their legislation to the 
condition of affairs growing out of the amend- 
ment to the Constitution of the United States 
prohibiting slavery within the limits and juris- 
diction of the United States; 

And did further declare in the same proclama- 
tion that it is the manifest determination of the 
American people that no State, of its own will, 
has a right or power to go out of, or separate 
itself from, or be separated from the American 
Union ; and that, therefore, each State ought to 
remain and constitute an integral part of the 
United States ; 

And did further declare in the same last men- 
tioned proclamation that the several afore-men- 
tioned States, excepting Texas, had, in the manner 
aforesaid, given satisfactory evidence that they 
acquiesce in this sovereign and important reso- 
lution of national unity ; 

And whereas the President of the United 
States, in the same proclamation, did further 
declare that it is believed to be a fundamental 
principle of government that the people who 
have revolted, and who have been overcome and 
subdued, must either be dealt with so as to in- 
duce them voluntarily to become friends, or else 
they must be held by absolute military power, 
or devastated, so as to prevent them from ever 
again doing harm as enemies, which last named 
policy is abhorrent to humanity and to freedom : 

And whereas tiie President did, in the same 
proclamation, further declare that the Constitu- 



196 

tion of the United States provides for constituent 
communities only as States, and not as Territo- 
ries, dependencies, provinces, or protectorates; 

And further, that such constituent States must 
necessarily be, and by the Constitution and laws 
of the United States are made equals, and placed 
upon a like footing as to political rights, im- 
munities, dignity, and power with the several 
States with which they are united ; 

And did further declare that the observance 
of political equality as a principle of right and 
justice is well calculated to encourage the people 
of the before-named States, except Texas, to be 
and to become more and more constant and per- 
severing in their renewed allegiance; 

And whereas the President did further declare, 
that standing armies, military occupation, mar- 
tial law, military tribunals, and the suspension 
of the writ of habeas corpus are, in time of peace, 
dangerous to public liberty, incompatible with 
the individual rights of the citizen, contrary to 
the genius and spirit of our free institutions, and 
exhaustive of the national resources, and ought 
not, therefore, to be sanctioned or allowed, except 
in cases of actual necessity, for repelling invasion 
or suppressing insurrection or rebellion ; 

And the President did further, in the same 
proclamation, declare that the policy of the Gov- 
ernment of the United States, from thebeginnin^g 
of the insurrection to its overthrow and fina! 
suppression, had been conducted in conformi'y 
with the principles in the last-named proclama- 
tion recited ; 

And whereas the President, in the said proc- 
l;\mation of the thirteenth of June, om; thousand 
eight hundred and sixty-five, upon the grounds 
therein stated and hereinbefore recited, did thin 
and there proclaim and declare that the insur- 
rection which heretofore existed in the several 
States before named, except in Texas, w;is at an 
end, and was hencelorth to be so regarded; 

And whereas, subsequently to the said second 
day of April, one thousand eight hundred and 
sixty-six. the insurrection in the State of Texas 
has been completely and everywhere suppressed 
and ended, and the authority of the United 
States has been successfully and completely es- 
tablished in the said State of Texas, and now re- 
mains tberein unrestricted and undisputed, and 
such of the proper United States officers as have 
been duly commissioned within the limits of the 
said State are now in the undisturbed exercise of 
their ofiicial functions ; 

And whereas the laws can now be sustained 
and enforced in the said State of Texas by the 
jiroj'or civil authority. State or Federal, and the 
peojile of the said State of Texas, like the people 
of otiier States before named, are well and loy- 
ally disposed, and have conformed or will con- 
form in their legislation to the condition of 
affairs growing out of the amendment of the Con- 
Btitution of the United States prohibiting slavery 
within the limits and jurisdiction of the United 
States ; 

And whereas all the reasons and conclusions 
set forth in regard to several States '^^rein spe- 
cially named now apply equally an:, in all re- 
S[iects to the State of Texas, as well as to the 
oilier States which had been involved in insur- 
rection ; 



POLITICAL MANUAL. 



[L. S.] 



And whereas adequate provision has been 
made by military orders to enforce the executioo 
of the acts of Congress and the civil authorities, 
and secure obedience to the Constitution and 
laws of the United States within the State of 
Texas, if a resort to military force for such pur- 
pose should at any time become necessarj' ; 

Now, therefore, I, Andrew Johnson, President 
of the United States, do hereby proclaim and de- 
clare that the insurrection which heretofore ex- 
isted in the State of Texas is at an end, and is to 
be henceforth so regarded in that State, as in the 
other States before named, in which the said in- 
surrection was proclaimed to be at an end by 
the aforesaid proclamation of the second day of 
April, one thousand eight hundred and sixty-six. 

And I do further proclaim that the said iu- 
surrection is at an end, and that peace, order 
tranquillity, and civil authority now exist in aud 
throughout the whole of the United States of 
America. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the Ufiited States* to 
be affixed. 

Done at the city of Washington, this twen- 
tieth day of August, in the year of oar 
Lord one thousand eight hundred and 
sixty-six, and of the independence of the 
United States of America the ninety-fiist. 
Ahdkew Johnson. 
By the President: 

\Vm. H. SiEyfAur), Secretary of State. 

Respecting American Merchant Vessels Stopping 
or Anchoring in Certain Ports of Japan, Jauu' 
ary 12, 1867. 

Whereas in virtue of the power conferred by 
the act of Congress approved June 22, 1860, sec- 
tions 15 and 24 of which act were designed by 
proper provisions to secure the strict neutrality 
of citizens of the United States residing in or 
visiting the empires of China and Japan, a noti- 
fication was issued on the 4th of Augtist last by 
the Legation of the United States in Japan, 
through the consulates of the open ports of that 
empire, requesting American shipmasters not to 
approach the coasts of Lucoa and Nagato pend- 
ing the then contemplated hostilities between 
the Tycoon of Japan and llie Daimio of the said 
provinces; 

And whereas authentic information having 
been received by the said Legation that such 
hostilities had actually commenced, a regulation, 
in furtherance of the aforesaid notification and 
pursuant to the act referred to, was issued by the 
Minister Resident of the United States in Japan 
forbidding American merchant vessels from stop- 
ping or anciioring at any port or roadstead in that 
country except the three open ports, viz: Kana- 
gawha, (Yokohama,) Nagasaki, and Hakodate, 
unless in distress or forced by stress of weather, 
as provided by treaty, and giving notice that 
masters of vessels committing a breach of the 
regulation would thereby render themselves lia- 
ble to prosecution and punishment, and also 
to forfeiture of the protection of the United 
States if the visit to such non-opened port or 
roadstead should either involve abreach of treaty 
or be construed as an act in aid of insurrection 
or rebellion: 



PROCLAMATIONS AND ORDERS. 



197 



Now, therefore, be it known that I, Andrew 
Johsoa, President of the United Stales of Amer- 
ica, with a view to prevent ads which miglit 
injuriously affect the rehxlions existing between 
the Government of the United States and that 
of Japan, do hereby call public attention to the 
aforesaid notification and regulation, which are 
hereby sanctioned and confirmed. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the United States to 
be atfixed. 

Done at the city of Washington, this twelfth 
day of January, in the year of our Lord 
[seal.] one thousand eight hundred and sixty- 
seven, and of the independence of the 
United States the ninety-first. 

Andrew Johnson, 
By the President : 
William H. Seward, Secretary of State. 

Bespectiug Decree of Maximilian, August 17, 
1866. 

Whereas a war is existing in the Republic of 
Mexico, aggravated by foreign military inter- 
vention ; 

And whereas the United States, in accordance 
with their settled habits and policy, are a neu- 
tral Power in regard to the war wliich thus 
afflicts the Republic of Mexico ; 

And whereas it has become known that one 
of the belligerents in the said war — namely, the 
Prince Maximilian — who asserts himself to be 
Emperor in Mexico, has issued a decree in regard 
to the port of Matamoros, and other Mexican 
ports wiiich are in the occupation and possession 
of anotlier of the said belligerents — namely, the 
United States of Mexico — which decree is in the 
following words : 

"The port of Matamoros, and all those of the northprn 
frontiiT wliich have withdrawn from their obedience to the 
Guvuriiinent, are closed to foreign and coasting traffic dnring 
such lime as the empire of the law shall not he therein re- 
instated. 

" Art. 2. Merchandise proceeding from the said ports, on 
arriving at any other whrre the excise of the cmpiie is col- 
lected, shal! pay tlie duties on importation, introduction, 
and ci'n^umption, and, on satisfactory proof of contraven- 
tion, shall 1)0 irremissibly confiscated. Our Minister of the 
Treasury is charg id with the punctual execution ol this 
decree. 

"Given ot Mexico, the 9th of July, 1S66." 

And whereas the decree thus recited, by de- 
claring a belligerent blockade unsupported by 
competent military or naval force, is in violation 
of the neutral rights of the United States, as 
defined by the law of nations, as well as of the 
treaties existing between the United States of 
Americ- and the aforesaid United States of Mex- 
ico: 

Now, therefore, I, Andrew Johnson, Presi- 
dent of the United States, do hereby proclaim 
and declare, that the aforesaid decree is held, 
and will be held, by the United States, to be 
absolutely null and void as against the Govern- 
ment and citizens of the United States ; and that 
any attempt which shall be made to enforce the 
same against the Government or citizens of the 
United States will be disallowed. 

In witness whereof I have hereunto set my 
hand, and caused the seal of the United States 
to be affixed. 

Done at the city of Washington, the seven- 



teenth day of August, in the year of cur 

[l. s.] Lord one thousand eight hundred and 

sixty-six, and of the independtmcc of the 

United States of America the ninety-first. 

Andrew Johnson. 

By the President: 

William H. Seward, Secretary of State. 

Declaring the Suspension of Tonnage and Impost 
Duties, as respects the Vessels of the Hawaiian 
Islands, January 29, 1867. 

Whereas by an act of the Congress of the 
United States of the twenty-fourth day of May, 
one thousand eight hundred and twenty-eight, 
entitled " An act in addition to an act, entitled 
'An act concerning discriminating duties of tim- 
nage and impost,' and to equalize the duties on 
Prussian vessels and their cargoes," it is pro- 
vided that upon satisfactory evidence being given 
to the President of the United States by the gov- 
ernment of any foreign nation that no discrimi- 
nating duties of tonnage or impost are imposed 
or levied in the ports of said nation upon vessels 
wholly belonging to citizens of the United States, 
or upon the produce, manufactures, or merchan- 
dise imported to the same from the United States 
or from any foreign country, the President is 
thereby authorWed to issue his proclamation, de- 
claring that tlie foreign discriminating duties of 
tonnage and imposts within the United States 
are and shall be suspended and discontinued, so 
far as respects the vessels of the said foreign 
nation, and the produce, manufactures, or mer- 
chandise imported into the United States in the 
same from the said foreign nation, or from any 
other foreign country, the said suspension to 
take effect from the time of such notification 
being given to the President of the United States, 
and to continue so long as the reciprocal ex- 
emption of vessels belonging to citizens of the 
United States and their cargoes, as aforesaid, 
shall be continued, and no longer; 

And whereas satisfactory evidence has lately 
been received by me from his Majesty the King 
of the Hawaiian Islands, thix)ugh an official 
communication of his Majesty's Minister of For- 
eign Relations, under date of the 10th of Decem- 
ber, 1866, that no other or higher duties of ton- 
nage and impost are imposed or levied in the 
ports of the Hawaiian Islands upon vessels 
wholly belonging to citizens of the United States, 
and upon theproduce, manufactures, or merchan- 
dise imported in the same from the United States, 
and from any foreign country whatever, than 
are levied on Hawaiian ships and their cargoes 
in the same ports under like circumstances ; 

Now, therefore, I, Andrew Johnson, President 
of the United States of America, do bereby de- 
clare and proclaim that so much of the several 
acts imposing discriminating duties of tonnage 
and impost within the United States are, and 
shall be, suspended and discontinued, so far as 
respects the vessels of the Hawaiian Islands, and 
the produce, manufactuies, and merchandise im- 
ported into the United States in the same, from 
the dominions of the Hawaiian Islands, and 
from any other foreign country whatever, the 
said suspension to take effect from the said 10th 
day of December, and to continue thencefor- 
ward, so long as the reciprocal exemption of 



lOS 



POLITICAL MANUAL. 



the vessels of the Unilcd States, and the produce, 
manufactures, and merchandise imported into 
the Hawaiian Islands in the same, as al'oresaid, 
shall be continued on the part of the Govern- 
ment of his Majesty the King of the Hawaiian 
Islands. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the United States to 
be afSxed. 
Done at the city of Washington, the twenty- 
ninth day of Januarj', in the year of our 
Lord one thousand eight hundred and 
[l. s.] sixty-seven, and of the independence of 
the United States of America, the ninety- 
first. Andeew Johnson. 
By the President : 

Wm. 11. Seward, Secretary of State. 

Declaring Nebraska a State in the Uuiont March 
1, 1867. 

Whereas the Congress of the United States 
did, by an act approved on the nineteenth day 
of April, one thousand eight hundred and sixty- 
four, authorize the people of the Territory of 
Nebraska to form a constitution and State gov- 
ernment, and for the admission of such State 
.nto the Union on an equal footing with the 
original States, upon certain conditions in said 
act specified ; and whereas said people did adopt 
a constitution conforming to the provisions and 
conditions of said act, and ask admission into 
the Union ; and whereas the Congress of the 
United States did, on the eighth and ninth days 
of February, one thousand eight hundred and 
sixty-seven, in mode prescribed by the Constitu- 
tion, pass a further act for the admission of the 
State of Nebraska into the Union, in which last- 
named act it was provided that it should not 
take effect except updn the fundamental condi- 
tion that within the State of Nebraska there 
should be no denial of the elective franchise or 
of any other right to any person by reason of 
race or color, excepting Indians not taxed, and 
upon the further fundamental condition that 
the Legislature of said State, by a solemn public 
act, should declare ihe assent of said State to the 
said fundamental condition, and should transmit 
to the President of the United States an authen- 
ticated copy of said act of the Legislature of said 
Stale, upon receipt whereof the President, by 
proclamation, should forthwith announce the 
fact, whereupon said fundamental condition 
should be held as a part of the organic law of 
the State, and thereupon, and witliout any fur- 
ther proceedin;^ on the part of Congress, the ad- 
mission of said Slate into the Union should be 
considered as complete; and whereas within the 
time prescribed by said act of Congress of the 
eightli and ninth of February, one thousand 
eight bundled and sixty-seven, the Legislature 
of ihe State of Nebraska did pass an act ratify- 
ing the said act of Congress of the eighth and 
niuLh of February, one thousand eight hundred 
and sixty-seven, and declaring that the afore- 
named provisions of the third section of said 
last-named act of Congress should be a part of 
the organic law of the State of Nebraska; and 
whereas a duly authenticated copy of said act of 
the Legislature of Nebraska has been received 
by me: 



Now, therefore, I, Andrew Johnson, President 
of the United States of America, do, in accordance 
with the provisions of the act of Congress last 
herein named, declare and proclaim the fact 
that the fundamental conditions imposed by 
Congress on the State of Nebraska to entitle that 
State to admission to the Union have been rati- 
fied and accepted, and that the admission of the 
said State into the Union is now complete. 

In testimony whereof I have hereto set my 
hand, and have caused the seal of the United 
States to be affixed. 

Done at the city of Washington, this first day 
of March, in the year of our Lord one 
[seal.] thousand eight hundred and sixty- 
seven, and of the independence of the 
United States of America the ninety- 
first. Andrew Johnson. 
By the President: 
William H. Seward, Secretary of Slate. 

Withdrawing reward for John H Surratt, and 
others.* 
War Department, 
Ad-tutant General's Office, 
Washington, November 24, 1865. 

General Orders, No. 164. 

Ordered, That — I. All persons claiming re- 
ward for the apprehension of John Wilkes Booth, 
Lewis Payne, G. A. Atzerodt, and David E. 
Herold, and Jefferson Davis, or either of them, 
are notified to file their claims and their proofs 
witli the Adjutant General for final adjudication 
by the special commission appointed to award 
and determine upon the validity of such claims, 
before the first day of January next, after which 
time no claims will be received. 

II. The rewards offered for the arrest of Jacob 
Thompson, Beverley Tucker, George N. Sanders, 
William C. Cleary, and John H. Surratt are re- 
voked. 

By order of the President of the United States : 
E. D. Townsend, 

Assistant Adjutant General. 

Belease of Convicts. 

War Department, 
Adjutant General's Office, 
Washington, July 13, 1866. 
Geueral Orders, No 46. 

Ordered: That all persons who are undergoing 
sentence by military courts, and have been im- 
prisoned six months, except those who are under 
sentence for the crimes of murder, arson, or rape, 
and excepting those who are under sentence at 
the Tortugas, be discharged from imprisonment 
and the residue of their sentence remitted. 



♦Respecting this order, Secretary .Stunton testified before 
a Conu'ression;il Committee, .lanuary 10, 1SC7, as f.'Ilow: 

Q. What \v;is tlie reason for revoking the order offering 
a rew;ird fur tho airest of Surratt? 

A. The reasons that influenced my mind, were in the first 
place, that many months had eUipsi d without accomplishing; 
the airest of ' heso parlies. 1 was entirely satisfied that they 
were not in the United States, and that if any arrest was 
mule it would have t.i lie by government olticials, who 
ou;^lit not to Iiavo any pretenc;'of claimingthe reward; he 
side-, I thoufrht I hat if the proclamation was withdrawn it 
would probably induce tlnse parties to believe that pursuit 
was over, and they might return to the United States and 
be arrested. For those reasons I thought it expedii'nl to 
revoke tho order. It was done on my own resi)onsil.ility, 
tho President left it at my discretion to do as I thought best 
ill tho matter. 



PRO€LAJVIATIONS AND ORDERS. 



1*^9 



Those who belong to the military service, and 
their term unexpired, will be returned to their 
command, if it is still in service, and their re- 
lease is conditional upon their serving their full 
term and being of good behavior. 

By order of the President of the United States : 

E. D. TOWNSEND, 

Assistaiit Adjutant General. 



Beconstruction in Texas. 

State Department, 
Austin, Texas, July 26, 1866. 
Hon. W. H. Sewakd : 

Pleace inform me by telegram whether or not 
it is the will of the President that the Legisla- 
ture of Texas shall meet on the Gth day of Au- 
gust, and General Throckmorton be inaugurated 
on the 9th? Will the Legislature be permitted 
to assemble without the inauguration of the 
Governor-elect? If so, what am I expected to 
do ? You will perceive by reference to your dis- 
patch of July 17 that my instructions are not 
definite, ily solicitude increases as the time for 
the meeting of the Legislature approaches. 
Your obedient servant, 

James H. Bell, 
Secretary of State of Texas. 

Wae Department, 
Washington, July 28, 1866. 
To James H Bell: 

Your telegrams of the 21st and 26th of July, 
received. The President directs me to say that 
the Legislature of Texas v/ill assemble and or- 
ganize on the 6th of August without hindrance. 
The Governor elect, Mr. Throckmorton, will be 
inaugurated on the 9th without hindrance. 
When you have reported the organization and 
inauguration to this Department, by telegraph 
or otherwise, the provisional governor will be 
relieved, and the government will be transferred 
to the elected authorities of Texas. Until the 
receipt of such notice by yourself, or by the Gov- 
ernor-elect, the condition, of affairs will remain 
in tlie provisional government, as heretofore, 
except the organization and inauguration afore- 
Btated. Wm. H. Sewaed, 

Secretary of State. 

Washington, D. C, October 30, 1866. 
Governor Throckmorton : 

Your telegram of the 29th instant just re- 
ceived. I have nothing further to suggest than 
urging upon the Legislature to make all laws 
involving civil rights as complete as possible, so 
as to extend equal and exact justice to all per- 
sons, without regard to color, if it has not been 
done. We should not despair of the Republic. 
My faith is strong. My confidence is unlimited 
in the wisdom, prudence, virtue, intelligence, 
and magnanimity of the great mass of the peo- 
ple ; and that their ultimate decision will be un- 
influenced by passion and prejudice, engendemd 
by the recent civil war, for the complete restora- 
tion of the Union by the admission of loyal Rep- 
resentatives and Senators from all the States to 
the respective Houses of the Congress of the 
United States. A-NDEEW Johnson. 



To Gov. Brownlow, of Tonnor.sce.* 

M'asiunuto.n, July liO, 1,S65. 
Hon. W. G. Brownlow : 

I hope and iiave no doubt you will see that 
the recent amendments to the Constitution of 
the State, as adopted by the people, and all 
laws passed by tiis last Legislature in jiursuance 
thereof, are faithl'uUy and fairly executed, and 
that all illegal votes in the approaching election 
be excluded from the polls, and the election for 
members of Congress be legally and fairly con- 
ducted. When and wherever it becomes neces- 
sary to employ force for the execution of the 
laws and the protection of the ballot-box from 
violence and fraud, you are authorized to call 
upon Major General Thomas for sufScient force 
to sustain the civil authorities of the State. I 
have received your recent address to the people, 
and think it well-timed, and hope it will do 
much good in reconciling the opposition to the 
amendment of the constitution and the laws 
passed by the last Legislature. The lav/ must be 
executed and the civil authority susta-ined. In 
your efforts to do this, if necessary, General 
Thomas will afford a sufficient military force. 
You are at liberty to make what use you think 
proper of this dispatch. Andrew Johnson. 

To Montgomery Blair, Postmaster General. 

Nashville, November 24, 1863. 
To Hon. M. Blair, Postmaster General: 

I hope that the President will not be commit- 
ted to the proposition of States relapsing into 
territories and held as sucli. If he steers clear 
of this extreme, his election to the next Presi- 
dency is without a reasonable doubt. I expected 
to have been in Washington before this time, 
when I could have conversed freely and fully in 
reference to the policy to be adopted by the Gov- 
ernment ; but it has been impossible for me to 
leave Nashville. I will be there soon. The in- 
stitution of slavery is gone, and there is no good 
reason now for destroying the States to bring 
about the destruction of slavery. 

Andrew Johnson. 

General Grant's Revocation of Order Respecting 
Disloyal Newspapers.! 

Headquarters Armies of the United States, 

Washington, July 24, 1866. 

The order of February 17, 1866, from these 

headquarters directing department commanders 

to forward copies of such newspapers published 

within their respective commands, as contained 

sentiments of disloyalty, &c., is hereby revoked. 

By command of Lieut. Gen. Grant, 

Geo. K. Leet, 
Assistant Adjutant General. 

Assigning Commanders to Military Districts, 
March 11, 13, and 15, 1867. 

Headquarters of the Army, 
Adjutant General's Office, 
Washington, March 11, 1867, 

General Orders No. 10. 

* */ * * * 

II. In pursuance of the act of Congress en- 

*An incompleto copy of this telegram is printed oa pag6' 
27 of the Political Manual for IStJO. 
t For original orJer see Manual for 1866, p. VZH. 



200 



POLITICAL MANUAL. 



titled " An act to provide for the more efficient 
"overnraent of the rebel States," the President 
directs the following assignments to be made: 

First District, State of Virginia, to be com- 
manded by Brevet Major General J. M. Schofield. 
Headquarters, Richmond, Va. 

Second District, consisting of North Carolina 
and South Carolina, to be commanded by Major 
General D. E. Sickles. Headquarters, Columbia, 
S. C. 

Third District, consisting of the States of Geor- 
gia, Florida, and Alabama, to be commanded by 
Major General G. H. Thomas. Headquarters, 
Montgomery, Ala. 

Fourth District, consisting of the States of 
Mississippi and Arkansas, to be commanded by 
Brevet Major General E. 0. C. Ord. Headquar- 
ters, Vicksburg, Miss. 

Fifth District, consisting of the States of Lou- 
isiana and Texas, to be commanded by Major 
General P. H. Sheridan. Headquarters, New 
Orleans, La. 

The powers of departmental commanders are 
hereby delegated to the above-named district 
commanders. 

By command of General Grant. 

E. D. TOWNSEND, 

Assistant Adjutant General. 

Headquarters of the Army, 
Adjutant General's Office, 
Washington, March 12, 1867. 

General Orders No. 14. 

By direction of the President, the following 
changes are made in Geographical Departments 
as now constituted. 

1. The States of West Virginia, Tennessee, 
and Kentucky to constitute the Department of 
the Cumberland, Brigadier and Brevet Major 
General John Pope to command. Headquarters, 
Louisville, Ky. 

2. The counties of Alexandria and Fairfax, 
Virginia, are annexed to the command of the 
First District. 

3. Indian Territory is attached to the Depart- 
ment of the Missouri. 

By command of General Grant. 

E. D. ToWNSEND, 

Assistant Adjutant General. 

Headquarters of the Armt, 
Adjutant General's Office, 

Washington, March 15, 1867. 
The President directs that the following 
changes be made, at the request of Major Gen- 
eral Thomas, in the assignment announced in 
General Orders No. 10, of March 11, 18G7, of 
commanders of districts under the act of Congress 
entitled "An act to provide for the more effi- 
cient government of the rebel States," and of the 
Department of the Cumberland created in Gen- 
eral Orders No. 14, of March 12, 1867: Brevet 
Major General John Pope to command the Third 
District, consisting of ths States of Georgia, 
Florida, and Alabama, and Major General George 
H. Thomas to command the Department of the 
•Cumberland. 

By command of General Grant. 

E. D. Townsend, 
Assistant Adjutant General. 



Orders in First Military District. 

Headquarters First District, 
State of Virginia, 
Richmond, March 13, 1867. 

General Orders No. 1 : 

1. In compliance with the order of the Presi- 
dent, the undersigned hereby assumes command 
of the First District, State of Virginia, under 
the act of Congress of March 2, 1867. 

2 All officers under the existing provisional 
government of the State of Virginia will con- 
tinue to perform the duties of their respective 
offices, according to law, unless otherwise here- 
after ordered in individual cases, until their suc- 
cessors shall be duly elected and qualified, in 
accordance with the above-named act of Con- 
gress. 

3. It is desirable that the military power con- 
ferred by the before-mentioned aet be exercised 
only so far as may be necessary to accomplish 
the objects for which that power was conferred, 
and the undersigned appeals to the people of 
Virginia, and especially to magistrates and 
other civil officers, to render the necessity for 
the exercise of this power as slight as possible, 
by strict obedience to the laws, and by impar- 
tial administration of justice to all classes. 

4. The staff officers now on duty at headquar- 
ters Department of the Potomac are assigned to 
corresponding duties at headquarters First Dis- 
trict, State of Virginia. J. M. Schofield, 

Brevet Major General, U. S. A. 

Headquarters First District, 
State of Virginia, 
Richmond, Va., March 15, 1867. 

General Orders No. 2. 

I. The following extract of an act of Congress 
is re-published for the information and govern- 
ment of all concerned: 

[Public— No. 85.] 
An Act making appropriations for the support 
of the army for the year ending June thirtieth, 
eighteen hundred and sixty-eight, and for other 
purposes. * * * * * 

Sec. 5. And be it further enacted, That it shall 
be the duty of the officers of the army and navy 
and of the Freedmen's Bureau to prohibit and 
prevent whipping or maiming of tiie person, as 
a punishment for any crime, misdemeanor, or 
offence, by any pretended civil or military au- 
thority, in any State lately in rebellion, until 
the civil government in such State shall have 
been restored, and shall have been recognized by 
the Congress of the United States. * * * 
Approved March 2, 1867. 

II. In pursuance of the provisions of the 5th 
section of the act, as above cited, whipping or 
maiming of the person, as a punishment of any 
crime, misdemeanor, or offence, is hereby pro- 
hibited in this district. 

By Command of Brig, and Bvt. Maj. Gen. J. M. 
Schofield, U. S. A. 

S. F. Chalfin, a. a. G. 

Headquarters First District, 
State of Virginia, 
Richmond, Va., March 15, 1867. 
I. The following extract of an act of Congress 
is re-published for the information and govern- 
ment of all concerned: 



PR0CLAMATI0I<8 AND ORDERS. 



201 



[Public—No 85.] 

An Act making appropriations for the support 

of the army for the year ending June thirtieth, 

eighteen hundred and sixty-eight, and for 

other purposes. * * * * 

Sec. 6. And he it further enacted, That all 

militia forces now organized or in service in either 

of the States of Vir nnia, Nortli Carolina, South 

Carolina, Georgia, Florida, Alabama, Louisiana, 

Mississippi, and Texas, be forthwith disbanded, 

and thai the further organization, arming, or 

calling into service of the said militia forces, or 

any part thereof, is hereby prohibited under any 

circumstances whatever, until the same shall be 

authorized by Congress. * * * 

Approved March 2, 1867. 
By command of Brig, and Bvt. Maj. Gen. J. M. 
Schofield, U. S. A. S. F. Chalfin, A. A. G. 

Headq.uart.eks First District, 
State of Virginia, 
Richmond, Va., April 2, 1867. 

Spedal Orders, No. 16. 

[Extract.] 

1. A board of officers is hereby appointed to 
select and recommend to the commanding gen- 
eral for appointment persons to form boards of 
registration throughout the district, as required 
by the act of March 23, 1867. 

The persons required will be one registering 
officer tor each magi.=terial district of a county, 
or ward of a city at large, and two, four, or six 
for the county or city at large, according to the 
size of the county or city, so as to form with the 
registering officers of the several districts or 
wards, one, two, or three boards of registration 
for the county or city. 

An officer of the army or Freedmen's Bureau 
will, if possible, be selected as a member of each 
board; and the other two will be selected from 
the following classes of persons, viz: 1st, Officers 
of the United States army, or of volunteers who 
have been honorably discharged after meritori- 
ous services during the late war. 2d, Loyal cit- 
izens of the county or city, for which they are 
selected. 3d, Any other loyal citizens having 
the proper qualifications. 

These boards must be composed of men who 
not only are now, but always have been, loyal 
to the Government of the tJnited States ; men 
of high character, and sound, impartial judg- 
ment, and, as far as possible, men who have the 
confidence of all classes of citizens. 

No registering officer shall be a candidate for 
any elective office while holding the office of reg- 
istering officer. 

With their recommendations for appointment, 
the board will report to the commanding general 
a brief of the testimonials and other evidence 
upon which their selections are based. 

The board will appoint from time to time their 
eelections for particular counties or cities, with- 
oat waiting to comjilete the list. 

detail for the board. 

Brevet Lieutenant Colonel George Gibson, jr.. 
Captain 11th U. S. Infantry ; Brevet Major C. 
R. Layton, Captain llih U. S. Infantry ; Brevet 
Major D. M. Vance, Captain 11th U. S. Infantry; 
Captain Garrick Mailery, 43d U. S. Infantry ; 
Captaiai J. A. Bates., 43d U. S. Infantry. 



By command of Brigadier and Brevet Major 
General J. M.Schofield.U. S. A. 

S. F. Chalfin, A. A. O. 

Headquarters First District, 
St.vte of Virginia, 
Richmond, Va., April 2, 1867. 

General Orders, No. 8. 

All elections, whether State, county, or muni- 
cipal, under the provisional government of Vir- 
ginia, are hereby ordered to be suspended until 
the registration provided for by the act of Con- 
gress of March 23, 1867, s-hall be completed. 

Vacancies which may occur in the meantime 
will be filled by temporary appointments, to be 
made by the Commanding General. 
By comm.'ind of Brigadier and Brevet Major 

General J. M Schofield, U. S A. 

S. F. Chalfin, A. A. O. 

Headquarters First District, 
State of Virginia, 
Richmond, Va., April 5, 1867. 

General Orders, No. 9 

In pursuance of the acts of Congress of March 
2 and 23, 1867, all officers hereafter to be elected 
or appointed under the provisional government 
of Virginia will, in addition to the oath of office 
prescribed by the laws of the State, be required 
to take and subscribe the following oath : 

" I, , do solemnly , in the presence of 

Almighty God, that I have not been disfran- 
chised for participation in any rebellion or civil 
war against the United States, nor for felony 
committed against the laws of any State or of 
tlie United States; that I have never been a mem- 
ber of any State Legislature, nor held any exec- 
utive or judicial office in any State, and after- 
ward engaged in insurrection or rebellion against 
the United States, or given aid or comfort to the 
enemies thereof; that i have never taken an oath 
as a member of Congress of the United States, 
or as an officer of the United States, or as a mem- 
ber of any State Legislature, or as an executive 
or judicial officer of any State, to support the 
Constitution of the United States, and afterward 
engaged in insurrection or rebellion against the 
United States, or given aid or comfort to the 
enemies thereof; that I will faithfully support 
the Constitution and obey the laws of the United 
States, and will, to the best of my ability, en- 
courage others so to do ; so help me God." 
By order of Brigadier and Brevet Major Gen- 

eralJ. M.Schofield.U. S. A. 

S. F. Chalfin, A. A. G. 

Orders in Second Military District. 

Headquarters Dep't of the South, 
Charleston, S. C, March 8, 1867. 

General Orders, No. 26. 

"Whipping or maiming of the person, as a purfc- 
ishmcnt for any crime, misdemeanor, or offence, 
being now prohibited by the laws of the United 
States, all officers of the army and Freedmen's 
Bureau on duty in this Department, are hereby 
directed to prevent the infliction of such punish- 
ment by any authority whatever. 

By command of Brevet Maj. Gen. Robinson. 
Jno. R. Myrick, a. A. A. G. 

A like order was issued in each of the other 
Districts. 



'20^ 



POLITICAL MANUAL. 



Headquaetees Dep't of the South, 

Chakleston, S. C, 2Jarch 13, 1S67. 
Genoriil Orders, No. 27. 

An ollicial copy of the law, entitled " An act 
to provide lor the more efficient government of 
the rebel Slates," having been received at these 
headquarters, it is hereby announced, lor the 
information and government of all concerned, 
that the said law is in force within the military 
district composed of North Carolina and South 
Carolina, fruni this date. 
By command of Brevet Maj. Gen. J. 0. Rob- 
inson. 

Jko. R. Myeick, a. a. a. G. 

Headquartkrs Second Military Distmct, 
(NoRTn Carolina and South Carolina,) 
Columbia, S. C, Marck 21, 1807. 
General Orders, No. X. 

I. In compliance with General Orders No. 10, 
Headquarters of the Army. March 11, 1SG7, the 
undersigned liereby assumes command of the 
Second Military District, constituted by the act 
of Congress, Public No. 68, 2d March, 1867, en- 
titled "An act for the more efficient government 
of tiie rebel Stales." 

II. In the execution of the duty of the com- 
manding general to maintain the security of the 
inhabitants in their persons and property, to 
suppress insurrection, disorder, and violence, 
and to punish or cause to be punished all disturb- 
ers of the public peace and criminals, the local 
and civil tribunals will be permitted to take 
jurisdiction of and try offenders, excepting only 
Buch cases as may, by the order of the command- 
ing general, be referred to a commission or other 
military tribunal for trial. 

III. The civil government now existing in North 
Carolina and South Carolina is provisional only, 
and in all respects subject to the paramount au- 
thority of the United States, at any time to 
abolish, modify, control, or supersede the same 
Local laws and municipal regulations notincon- 
Ei^stent with the Constitution and laws of the 
United States, or the proclamations of the Pres- 
ident, or with such regulations as are or may be 
prescribed in the orders of the commanding gen- 
eral, are hereby declared to be in force ; and in 
conformity therewith, civil officers are hereby 
authorized to continue the exercise of their 
proper functions, and will be respected and 
obeyed by the inhabitants. 

IV. Whenever any civil officer, magistrate, or 
court neglects or refuses to perform an official 
act properly required of such tribunal or officer, 
whereby due and rightful security to person or 
property shall be denied, the case will be re- 
ported by the post commander to these head- 
quarters. 

V. Post commanders will cause to be arrested 
persons charged with the commission of crimes 
and offenses when the civil authoriiies fail to 
arrest and bring such offenders to trial, and will 
hold the accused in custody for trial by military 
commission, provost court, or other trUtunal or- 
ganized pursuant to orders from thf se headquar- 
ters. Arrests by military autliority will be 
reported promptly. The charges prelerred will 
be accompanied by the evidence on which they 
are founded. 

VI. The commanding general desiring to pie- 



serve tranquillity and order b}' means and agen- 
cies most congenial to the peofile, solicits the 
zealous and cordial co-operaiion of civil officers 
in the discharge of their duties, and the aid of 
all good citizens in preventing conduct tending 
to disturb the peace; and to the end that occa- 
sion may seldom arise for the exercise of military 
authority in matters of ordinary civil adminis- 
tration, the commanding general respectfully 
and earnestly commends to the peo[ile and au- 
thorities of North and South Carolina unreserved 
obedience to the authority now established, and 
the diligent, considerate, and impartial execution 
of tiie laws enacted for their government. 

VII. All orders heretofore publislied to the 
Dejiartmeut of the South are hereby continued 
in loree. 

VIII. The following-named officers are an- 
nounced as the staff of the major general com- 
manding: * * * * 

D. E. Sickles, 
Major General Commanding. 

Headquarters Second Military District, 
(North Cari.lina and South ( arolina,) 
Charleston, S. C, April 1, 1S67. 
General Orders, No. 5. 

When an election for district, county, munici- 
pal, or town officers is required to take place, in 
accordance with the provisions of the local law, 
within the limits of any post in this command, 
command officers will promptly report to these 
headquarters the time and place of such election 
and the designation of the offices to be filled. 

If the present incumbents be ineligible to hold 
office, or any objection exists, arising out of their 
misconduct in office, to the continuance of their 
functions, tlie facts will be reported by the post 
commander with his suggestions, having in view 
the interests of the service and the welfare of 
the locality immediately concerned. 

By command of Major General D. E. Sickles. 
J. W. Clous, A ^. A. G. 

[By Telegraph.] 

Chaeleston, S. C, Afril 1, 1867. 
Brvt. Brig. Gen. Geeen, Commanding Richland 
District : 

The election [for sheriff] will not be held. 
When will the term of the present incumbent 
expire? A successor will be appointed. 
By command of Gen. Sickles. 

J.- W. Clous, A. A. A. O. 

Headquarters Second Military District, 
Charleston, S. C, April 11, 1867. 
General Orders, No. 10. 

The general destitution prevailing among the 
population of this military district cannot be re- 
lieved without affording means for the develop- 
ment of their industrial resources. Tlie nature 
and extent of the destitution demand extraordi- 
nary measures. The people are borne down by 
a heavy burden of debt, the crops of grain and 
garden produce failed last year, many fami.'ies 
have been deprived of shelter, many more need 
food and clotiiing, needful implements and aux- 
iliaries of husbandry are very scarce; the laboring 
population in numerous localities are threatenea 
with starvation unless supplied with food by the 
Government of the United States ; the inability 
of a large portion of the people to pay taxca 



PROCLAMATIONS AND ORDERS. 



203 



leaves the local authorities without adequate 
means of rf.lief, and the gravity of the situation 
is increased by the general disposition shown by 
creditors to enforce upon an impoverished peo- 
ple the immediate collection of all claims. To 
suffer all this to go on without restraint or remedy 
is to sacrifice the general good. The rights of 
creditors shall be respected, but the appeal of 
want and suffering must be heeded. Moved by 
these considerations, the followiog regulations 
are announced. They will continue in force 
with such modification as the occasion may re- 
quire until the civil government of the respective 
States shall be established in accordance with 
the requirements of the Government of the 
United States. The commanding general earn- 
estly desires and confidently believes that the 
observance of these regulations and the co-opera- 
tion of all persons concerned in em[>loying fairly 
and justly the advantages still remaining to 
them, will mitigate the distress now existing, 
and that the avenues of industry, enterprise, 
and organization thus opened will contribute to 
the jierinanent welfare and future happiness of 
the people. 

I. Imprisonment for debt is prohibited, unless 
the defendant in execution shall be convicted of 
a fraudulent concealment or disposition of his 
property with intent to hinder, delay, and pre- 
vent the creditor in the recovery of his debt or 
demand, and the proceedings now established in 
North and South Carolina respectively, for the 
trial and determination of such questions, may 
be adopted. 

II. Judgments or decrees for the payment of 
money on causes of action arising between the 
19rh of December, 1860, and the 15th of May, 
1865, shall not be enforced by execution against 
the property or the person of the defendant. 
Proceedings in such causes of action now pend- 
ing shall be stayed, and no suit or process shall 
be hereafter instituted or commenced for any 
such causes of action. 

III. Sheriffs, coroners, and constables are 
hereby directed to suspend for twelve calendar 
months the sale of all property upon execution 
or process on liabilities contracted prior to the 
19th of December, 1860, unless upon the written 
consent of the defendants, except in cases where 
the plaintiff, or in his absence his agent or at- 
torney, shall upon oath, with corroborative tes- 
timony, allege and prove that the defendant is 
removing or intends fraudulentlj'' to remove his 
property beyond the territorial jurisdiction of 
the court. The sale of real or personal property 
by foreclosure of mortgage is likewise suspended 
for twelve calendar months, except in cases 
where the payment of interest money accruing 
since the 15th day of May, 1865, shall not have 
been made before the day of sale 

IV. Judgments or decrees entered or enrolled 
on causes of action arising subsequent to the 15th 
of May, 1865, may be enforced by execution 
against the property of the defendant, and in 
the application of the money arising under such 
executions, regard shall be had to the priority 
of liens, unless in cases where the good faith of 
any hen shall be drawn in question. In such 
cases the usual mode of proceeding adopted in 
North and South Carolina respectively to deter- 
mine that question shall be adopted. 



[ V. All proceedings for the recovery of money 
< under contracts, v/liether under seal or by 
parole, the consideration for which was the 
' purchase of negroes, are suspended. Judgments 
or decrees entered or enrolled for such causes of 
action shall not be enforced. 
j VI. All advances of moneys, subsistence, ira 
j plements, and fertilizers, loaned, used, em[>loyed, 
or required for the purpose of aiding the agri- 
cultural pursuits of the people, shall be pro- 
tected, and the existing laws which have pro- 
I vided the most efficient remedies in such cases 
I for the lender will be supported and enforced; 
j wages for labor performed in the production cf 
! the crops shall be a lien on the crop, and pay- 
I ment of the amount due for such wages shall be 
enforced by the like remedies provided to secure 
■ advances of money and other means for the cul- 
tivation of the soil. 
j VII. In all sales of property under execution 
1 or by order of any court there shall be reserved 
' out of the property of any defendant who has a 
' family dependent upon his or her labor a dwel- 
ling-house and appurtenances and twenty acres 
' of land for the use and occupation of the family 
of the defendant, and necessary articles of fur- 
niture, apparel, subsistence, implements of trade, 
husbandry or other employment of the value of 
$500. The homestead exemption shall inure 
only to the benefit of families— that is to say, to 
' parent or parents and child or children — in other 
i cases the exemption shall extend only to cloth- 
j ing, implements of trade or other einj/loyment 
usually followed by tiie defendant, of the value 
of $100. The exemption hereby made shall not 
; be waived or defeated by the act of the defendant. 
I The exempted property of the defendant shall 
be ascertained by the sheriff or other officer en- 
forcing the execution, who shall specifically des- 
cribe the same, and make a report thereof in 
each case to the court. 

VIII. The currency of the United States de- 
clared by the Congress of the United State to be 
a legal tender in the payment of all debts, dues, 
and demands, shall be so recognized in North and 
South Carolina, and all cases in which the same 
shall be tendered in payment and refused by any 
public officer will be at once reported to these 
headquarters or to the commanding officer of the 
post within which such officer resides. 

IX. Property of an absent debtor or one 
charged as such without fraud, wliether consist- 
ing of money advanced for the purposes of agri- 
culture or appliances for the cuiiivation of the 
soil, shall not betaken under the process known 
as foreign attachment ; but the lien created by 
any existing law shall not be disturbed, nor shall 
the possession or the use of the same be in any 
wise interfered with, except iu the execution of a 
judgment or final decree, in cases where they are 
authorized to be enforced. 

X. In suits brought to recover ordinary debts 
known as actions ex contractu, bail, as heretofore 
authorized, shall not be demanded by the suitor 
nor taken by the sheriff or other otBcer serving 
the process ; in suits for trespass, libel, wrongful 
conversion of property, and other cases, known 
as actions ex delicto, bail, as heretofore author- 
ized, may be demanded and taken. The pro- 
hibition of bail in cases ex contractu shall not 
extend to persons al out to leave tlie State, but 



204 



POLITICAL MANUAL. 



the I'actof iutention niust be dearly established 
by proof. 

XI. lo criminal proceedings the usual recog- 
uizances shall be required and taken by the 
proper civil ofBcers heretofore authorized by law 
to take the same, provided that upon complaint 
being made to anj' magistrate or other person 
authorized by law to issue a warrant for breacli 
of the peace or any criminal ofl'ense it shall be 
the duty of such rflagistrate or officer to issue his 
warrant upon the recognizance of the complain- 
ant to prosecute, without requiring him to give 
security on such recognizance. 

XII. The practice of carrying deadly weapons, 
except by officers and soldiers in the military 
service of the United States, is prohibited. The 
concealment of such weapons on the person will 
be deemed an aggravation of the offence. A 
violation of this order will render the olfeuder 
amenable to trial and punishment by military 
commission. Whenever wounding or killing 
shall result from the use of such weapons, proof 
that the party carried or concealed a deadly 
weapon shall be deemed evidence of a felonious 
attempt to take the life of the injured person. 

XIII. The orders heretofore issued in this mili- 
tary department pmhibiting the punishment of 
crimes and offenses by whipping, maiming, brand- 
ing, stocks, pillory, or other corporal punish- 
ment is in force and will be obeyed by all persons. 

XIV. The punishment of death in certain 
cases of burglary and larceny imposed by the 
existing laws of the provisional governments in 
this military district is abolished. Any person 
convicted of burglary or of larceny, when the 
property stolen is of the value of $25, of assault 
and battery with intent to kill, or o{ any assault 
with a deadly wea[)On, shall be deemed guilty of 
felony, and shall be punished by imprisonment 
at bard labor for a term not exceeding ten years 
nor less than two years, in the discretion of the 
court having jurisdiction thereof. Larceny, 
when the value of the property stolen is less 
than ?^'25, shall be punished by imprisonment at 
hard labor for a term not exceeding one year, 
in the discretion of the court. 

XV. The Governors of North and South Car- 
olina shall have authority within their jurisdic- 
tions respectively to reprieve or pardon any 
person convicted and sentenced by a civil court, 
and to remit fines and penalties. 

XVI. Nothing in this order shall be construed 
to restrain or prevent the operation of proceed- 
ings in bankruptcy in accordance with the acts 
of Congress in such cases made and provided, nor 
with the collection of any tax, impost, excise, or 
charge levied by authority of the United States, 
or of the provisional governments of North and 
South Carolina ; but no imprisonment for over 
due taxes sliall be allowed, nor shall this order 
or any law of the ]irovisional governments of 
North and South (Jarolina operate to deny to 
minor children or children coming of age, or 
their legal representatives, nor to suspend as to 
them any riglit of action, remedy, or proceeding 
against executors, administrators, trustees, guar- 
dians, masters, or clerks of equiiy courts, or other 
officers or persons holding a fiduciary relation 
to the parties or the subject matter of the action 
or proceeding. 



XVII. Any lav; or ordinance heretofore in 
force in North or South Carolina inconsistent 
with the provisions of this general order is 
hereby suspended and declared inoperative. 

By command of Major Gen D. E. Sickles. 

J. W. Clous, A. A. A. G. 

Orders in Third Military District. 

Headq,'i:s Sub-Dist. of Alabama, 

Montgomery, Ala., March 28, 1867. 

General Orders, No. 1. 

I. By direction of General Grant, all State 
and local elections in this State are disallowed, 
pending the arrival of the district commander 
appointed for this district, and his order in the 
premises. 

II. In default of certain information that mu- 
nicipal or other corporate elections have not 
occurred since the {)assage of " An act to pro- 
vide for the more efficient government of the 
rebel States," all persons chosen to public office 
in this State during this month will report the 
fact by letter to these headquarters, for the ac- 
tion of the district commander. 

Wager Swatne, Major General. 

Headq'rs Third Military District, 

Montgomery, Ala., April 1, 1867. 

Orders No. 1. 

In compliance with General Orders No. 18, 
dated Headquartersof the Army, March 15, 1867, 
the undersigned assumes command of the Tliird 
Military District, which comprises the States of 
Alabama, Georgia, and Florida. 

I. The districts of Georgia and Alabama will re- 
main as at present constituted, and with their 
present commanders, except that the headquar- 
ters of the district of Georgia will be forthwith 
removed to Milledgeville. 

The district of Key West is hereby merged 
into the District of Florida, which will be com- 
manded by Colonel John T. Sprague, Seventh 
United States Infantry. The headquarters of 
the District of Florida are removed to Tallahas- 
see, to which place the district commander will 
transfer his headquarters without delay. 

II. The civil officers at present in office in 
Georgia, Florida, and Alabama will retain their 
offices until the expiration of their terms of ser- 
vice, unless otherwise directed in special cases, 
so long as justice is impartially and faithfully 
administered. It is hoped that no necessit j' may 
arise for the interposition of the military authori- 
ties in the civil administration, and such neces- 
sity can only arise from the failure of the civil 
tribunals to protect the people, without distinc- 
tion, in their rights of person and property. 

III. It is to be clearly understood, hovv'ever, 
that the civil officers thus retained in office sliall 
confine themselves str.ctly to the performance 
of their official duties, and whilst holding their 
offices they shall not use any influence whatever 
to deter or dissuade the people from taking an 
active part in reconstructing their State govern- 
ment, under the act of Congress to provide for 
the more efficient government of the rebel States 
and the act suiiplementarj' thereto. 

IV. No elections will be held in any of the 
States comprised in this military district except 
such as are provided for in the act of Congress, 



PROCLAMATIONS AND ORDERS. 



20? 



and in the manner therein established ; but all 
vacancies in civil offices which now exist, or 
which may occur by expiration of the terms of 
office of the present incumbents, before the pre- 
scribed registration of voters is completed, will 
be filled by appointment of the general com- 
manding the district. John Pope, 

Major Oineral Commanding. 

Headq'es Third MiiiTiRT District, 
Montgomery, Ala., April b, 1867. 

General Orders, No. 5. 

I. The following extract frora the recent acts 
of Congre.'^s in relation to reconstruction in the 
Southern States is published for the information 
of all concerned : 

[Public— No. 6.] 
An act supplementary to an act entitled " An 
act to provide for the more efficient govern- 
ment of the rebel State.s," passed March 2, 
1867, and to facilitate restoration. 
Be it enacted, &c., That before the first day of 
September, 1867, the commanding general in 
each district (defined by an act entitled " An act 
to provide for the more efficient government of 
the rebel States," passed March 2, 1867) shall 
eause a registration to be made of the male citi- 
zens of the United States, twenty-one years of 
age and upwards, resident in each county or 
parish in the State or States included in his dis- 
trict, which registration shall include only those 
persons who are qualified to vote for delegates 
by the act aforesaid, and who shall have taken 
and subscribed the following oath or affirmation : 

" I, do solemnly swear or affirm, in the 

presence of Almighty God, that I am a citizen 

of the State of ; that I have resided in 

the State for next preceding this day, and 

now reside in the county of , or the par- 
ish of , in said State as the case may be; 

that I am twenty-one years old ; that I have 
not been disfranchised for participation in any 
rebellion or civil war against the United States, 
nor for felony committed against the laws of 
any State or the United States ; that I have 
never been a member of any State legislature, 
iior held any executive or judicial office in anj^ 
State, and afterward engaged in insurrection or 
rebellion against the United States, or given aid 
or comfort to the enemies thereof; that I have 
never taken an oath as a member of Congress 
of the United States, or as an officer of the United 
States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, 
to support the Constitution of the United States 
and afterward engaged in insurrection or rebel- 
lion against the United States, or given aid or 
comfort to the enemies thereof ; thai I will faith- 
fully support the Constitution and obey the kiws 
of the United States, and will to the best of my 
ability encourage others so to do. So help me 
God " — which oath or affimation may be admin- 
istered by any registering officer. 

Sec. 4. That the commanding general of each 
district shall appoint as many boards of regis- 
tration as may be necessary, consisting of three 
loyal officers or persons, to make anJ complete 
the registration, superintend the election, and 
make return to him of the votes, list of voters, 



and of the persons elected as delegates by a 
plurality of the votes cast at said election. * * 

II. In order to execute this provision of the 
the act referred to with as little delay as possible, 
the commanding officers of the districts of Ala- 
bama, Georgia, and Florida will proceed imme- 
diately to divide those States into convenient 
districts for registration, aided by such informa- 
tion on the subject as they have or can obtain. 
It is suggested that the election districts in each 
State which in 1860 sent a member to the most 
numerous branch of the State legislature will 
be found a convenient division for registration. 

It is desirable that in all cases the registers 
shall be civilians where it is possible to obtain 
such as come within the provisions of the act, 
and are otherwise suitable persons; and that 
military officers shall not be used for the purpose 
except in case of actual necessity. The com- 
pensation for registers will be fixed hereafter, but 
the general rule will be observed of graduating 
the compensation by the number of recorded 
voters. To each list of voters shall be appended 
the oath of the register or registers that the 
names have been faitli fully recorded and repre- 
sent actual legal voters, and that the same man 
does not appear under different names. The 
registers are specifically instructed to see that 
all information concerning their political rights 
is given to all persons entitled to vote under the 
act of Congress ; and they are ma le responsible 
that every such legal voter has the opportunity 
to record his name. 

III. As speedily as possible, the names of per- 
sons chosen for registers shall be communicated 
to these headquarters for the approval of the 
commanding general. 

IV. The district commanders in each of the 
States comprised in this military district is au- 
thorized to appoint one or more general super- 
visors of registration, whose business it shall be 
to visit the various points where registration is 
being carried on, to inspect the operations of the 
registers, and to assure themselves that every 
man entitled to vote has the necessary informa- 
tion concerning his political rights, and the op- 
portunity to record his name. 

V. A general inspector, either an officer of the 
army or a civilian, will be appointed at these 
headquarters, to see that the provisions of these 
orders are fully and carefully executed. 

VI. District commanders may, at their discre- 
tion, appoint civil officers of the United States 
as registers, with such additional compensation 
as may seem reasonable and sufficient. 

Vli. The commanding officer of each district 
will give public notice wlion and where the regis- 
ters will commence the registration, which notice 
will be kept public by the registers in each dis- 
trict during the whole time occupied in registra- 
tion. 

VIII. Interference by violence, or threats of 
violence, or other oppressive means to prevent 
the registration of any voter, is positively pro- 
hibited; and any person guilty of such inter- 
ference shall be arrested and tried by the military 
authorities. 

By command of Brevet Major General Pope. 

J. F. CONYNGHAM, A. A. A. G. 



2U6 



POLITICAL MANUAL. 



IIeadquaeteus Diste.ct of Alabama, 
Montgomery, Ala., Ajjril 2, 1867. 

General 'Orders, No. 1. 

By direction of General Pope, the iKidersigned 
is cliarged with the ad.T.inistration of the mili- 
tary recon.'?truction bill of tliis State. 

The principles which will control its execu- 
tion have already been announced. 

A literal compliance with the requirements of 
the civil rights bill will be exacted. 

All payments on account of services rendered 
during the war to the pretended State organiza- 
tion, or any of its branches, are peremptorily 
forbidden. Wager Swatne, 

Major General. 

IIeadciuaetees Post of Augusta, 
Augusta, Ga., April 9, 1867. 
General Orders, No. 28. 

It having been reported to me that the mayor 
and city council of this city construe General 
Order No. 1, issued from Headquarters Third 
Military District, dated Montgomery, Ala., April 
1, 1867, to mean that their duties as public offi- 
cers shall cease on the expiration of their term 
of service, and believing that it was not con- 
templated by the commanding general of this 
military district that the city should be left 
without a civil government, I, therefore, by the 
power vested in me as commanding officer of 
this post, do hereby order said civil authorities 
to continue to perform their civil duties until 
Buch time as the appointments referred to in 
section 4 of said General Order No. 1 be received 
and duly promulgated at this post. 

T. W. Sweeny, 
Brevet Col. U. S. A. Com'g. 

Orders in Fourtli Military District. 

Headquaetees Foueth Military District> 
Mississippi and Arkansas, 
ViCKSBUEG, March 26, 1867. 
General Orders, No. 1. 

1. Tlie undersigned having been appointed by 
the President to command the Fourth Military 
District, consisting of the States of Mississippi 
and Arkansas, hereby assumes command thereof. 

2. Competent civil officers in this District are 
expected to arrest and punish all offenders 
against the law, so as to obviate as far as possi- 
ble, necessity for the exercise of military author- 
ity under the law of Congress, passed March 2, 
1867, creating military districts. 

3. Such other orders as may become necessary 
to carry out the above-named act, and an act 
supplemental thereto, will be duly published. 

E. C. Oed, 
Brev. Major and Brig. Oen. V. S. A. 

Orders in Fifth Military District. 
Heauquarters Fifth Military Distetct, 
New Orleans, La., March 9, 1867. 

General Orders, No. 13. 

No commander having yet been appointed for 
the military district of Louisiana and Texas, 
created by the recent law of Congress, entitled 
" An act to provide for the more efficient gov- 
ernment of the rebel States," and Brevet Major- 
General Mower, commanding in this city, and 
the mayor and chief of police of the city of New 
Orleans having all expressed to me personally 
their fears that the public peace may be dis- 



I tnrbed by the election for some of the city offi- 
cers ordered by an act of the legislature of Lou- 
isiana, to take j)laceon Monday, the 11th instant, 
and that body, at a special session, having re- 
fused to postpone said election, thereby rendering 
it necessaiy that measures for the preservation 
of the peace should be taken, I hereby assume 
the authority conferred upon the district com- 
manders provided for in the act of Congress 
above cited, so far as it is necessary to declare 
that no such election shall take place. It is, 
therefore, ordered that for the preservation of 
the public peace, no polls shall be opened on 
that day, and that the elections shall be post- 
poned until the district commander, under the 
law, is appointed, or special instructions are re- 
ceived covering the case. 

P. H. Sheridan, 
Major General Commanding. 

Headquaetees Fifth Militaey Distetct, 
New Ordeans, La., March 19, 1867. 
General Oiders, No. 1. 

I. The act of Congress entitled " An act to 
provide for the more efficient government of the 
rebel States " having been officially transmitted 
to the undersigned in an order from the Head- 
quarters of the Army, which assigns him to the 
command of the Fifth Military District created 
by that act, consisting of the States of Louisiana 
and Texas, he hereby assumes command of the 
same. 

II. According to the provisions of the sixth 
section of the act of Congress above cited, the 
present State and municipal governments in the 
States of Louisiana and Texas are hereby de- 
clared to be provisional only, and subject to be 
abolished, modified, controlled, or superseded. 

III. No general removals from office will be 
made, unless the present incumbents fail to carry 
out the provisions of the law, or impede the re- 
organization, or unless a delay in reorganizing 
should necessitate a change. Pending the reor- 
ganization, it is desirable and intended to create 
as little disturbance in the machinery of the 
various branches of the provisional governments 
as possible, consistent v/ith the law of Congress 
and its successful execution ; but this condition 
is dependent upon the disposition shown by the 
people, and upon the length of time required for 
reorganization. 

IV. The States of Louisiana and Texas will ^ 
retain their present military designations, viz: 

" District of Louisiana," and " District of Texas." 
The officers in command of each will continue 
to exercise all their military powers and duties 
as heretofore, and will, in addition, carry out all 
the provisions of the law within their respective 
commands, except those which specifically i-equire 
the action of the military districtcomiiiander, and 
exceptincasesof removals from and appointments 
to olHce. P. H. Sheriuan, 

Major General Coynmanding. 

Headquaetees Fifth Militaey District, 
New Oeleans, La., March 21, 1867. 
General Ordora, Nu. 5. 

Andrew S. llerron, attorney general of the 
State of Louisiana ; Jame^ T. Monroe, mayor 
of New Orleans; Edmund Abell, judge of the 
first district court of the city of New Orleans, are 



PROCLAMATIOjSTS AirD ORDEUa. 



207 



hereby removed from their respective offices from 
12 m., to-day. The foliovving appointments 
have been made to take eflect from the same 
date: B. L. Lynch, attorney general of the State 
of Louisiana; Edward Heath, mayor of New 
Orleans ; W. W. Howe, judge of the first district 
court of New Orleans Each persoa removed 
will turn over all the books, papers, and records, 
&c., pertaining to his office, to the one appointed 
thereto. The authority of the latter will be duly 
respected and enforced. 

By command of Major General Sheridan. 
Geo. L. Hartsuff, A. A. G. 

Headquarters Fifth Military District, 
New Orleans, La., April 10, 18G7. 

Special Cl-riprs, No. 15. 

2. In obedience to the directions contained in 
the first section of the law of Congress, entitled 
" An act supplemental to an act entitled ' An 
act to provide for the more efficient government 
of the rebel States,' " the registration of the legal 
voters, according to the law of the parish of 
Orleans, will be commenced on the loth instant, 
and must be completed b}'- the 15th of May. 

The four municipal districts of the city of 
New Orleans, and the parish of Orleans, right 
bank, (Algiers,) will each constitute a registra- 
tion district. Election precincts will remain as 
at present constituted. 

The following appointments of boards of reg- 
isters is hereby ma.de — to continue in office until 
further orders, viz : 

First District— John A. Roberts, Wm. Baker, 
atid W. M. Geddes. 

Second District — Edward Ames, T. C. Thomas, 
and Michael Vidal. 

Third District — Charles F. Berens, John Mc- 
Whorter, and H. Stiles. 

Fourth District — John L. Davies, Henry Ben- 
Bel, Jr., and Edmund Flood. 

Orleans Parish, right bank — W. H. Seymour, 
Thomas Kenefec, and George Herbert. 

Each member of the board of registers, before 
commencing his duties, will file in the ofiice of 
the assistant inspector general at these head- 
quarters the oath required in the sixth section 
of the act referred to, and be governed in the 
execution of his duty by the provisions of the 
Srst section of that act, faithfully administering 
the oatn therein prescribed to each person regis- 
tered. 

Boards of registers will immediately select 
Buitable offices, within their respective districts, 
naving reference to convenience and facility of 
registration, and will enter upon their duties on 
the day designated. Each board will be en- 
titled to two clerks. Office hours for registration 
■will be from 8 o'clock till 12 a. m., and from 4 
till 7 pm. 

When elections are ordered the board of regis- 
ters for each district will designate the number 
of polls and the places where they shall be 
opened in the election precincts within its dis- 
trict, appoint the commissioners and other offi- 
cers necessary for properly conducting the elec- 
tions, and will superintend the same. 

They will also receive from the commissioners 
of elections of the different [irecincts the result 
of the vote, consolidate the same, and forward it 
to the commanding general. 



Registers an'l all officers connected with eleva- 
tions will be held to a rigid accountability, and 
will be subject to trial by military commission 
for fraud, or unlawful or improper conduct in 
the performance of their duties. Their rate of 
compensation and manner of payment will be 
in accordance with the provisions of sections 6 
and 7 of the supplemental act. 

Brevet Brigadier General J. W. Forsyth, as- 
sistant inspector general of tbe Fifth Military 
District, is hereby directed to supervise the 
boards of registration for the parish of Orleans, 
to listen to and adjust, or refer to this office, all 
just causes of complaint. He is authorized to 
employ such experts as may be necessary to 
detect fraud in registration or elections. 

Every male citizen of the United Statestwenty- 
one years old and upward, of whatever race, 
color, or previous condition, who has been resi- 
dent in the State of Louisiana for one year, and 
parish of Orleans for three months previous to 
the date at which he presents himself for regis- 
tration, and who has not been disfranchised by 
act of Congress or for felony at common law, 
shall, after having taken and subscribed the oath 
prescribed in the first section of the act herein 
referred to, be entitled to be, and shall be, regis- 
tered as a legal voter in the parish of Orleans 
and State of Louisiana. 

Pending the decision of the Attorney General 
of the United States on the question as to who 
are disfranchised by law, registers will give the 
most rigid interpretation to the law, and ex- 
clude from registration every person about whose 
right to vote there may be a doubt. Any per- 
son so excluded who may, under the decision of 
the Attorney General, be entitled to vole, shall 
be permitted to register after that decision ia 
received, due notice of which will be given. 

By command of Major General P. IL Sheridan. 
Geo. L. Hartsuff, A. A. G. 

A MILITARY COMMISSION APPOINTED. 

The New Orleans Republican of the 13th of 
April, says: 

General Sheridan has ordered a military com- 
mission to meet in this city on Monday next, 

loth instant, for the trial of Mr. Walker, 

and such other persons as may be properly 
brought before it. The following is the detail 
for the commission : Brevet Major General A. 
Beckwith, Brevet Brigadier General C. G. Saw- 
telle, Brevet Colonel M. Maloney, Brevet Colo- 
nel A. D. Nelson, Brevet Major M. J. Asch, 
Captain J. D. DeRussey, First Lieutenant John 
Hamilton. Brevet Major Leslie Smith, judge 

advocate. 

Texas. 

ORDER OF GEN. GRIFFIN. 

Gen. Griffin, in command of the State, issued 
the following order on the 5th inst. : 

Under the act of Congress passed March 2, 
1867, to provide for a more efficient government 
of the rebel States, and the supplementary act 
thereto, the district commander is required to 
protect all persons in their rights of person and 
property, to suppress insurrection, di.'-order, and 
violence, and to punish or cause to be punished 
all disturbers of the public peace and criminals. 
Jurisdiction of ofienses may be taken, am' offend- 
ers tried by the local civil tribunals, but where 



208 



POLITICAL MANUAL. 



it is evident that local civil tribunals will not 
impartially try casos brought before them, and 
render decisions according to law and evidence, 
the immediate military commander will arrest 
or cause (he arrest of the offenders or criminals, 
and hold them in confinement, presenting their 
cases in writing, with all the facts, to these head- 
quaiters, with the view to the said parties being 
brought before and tried by a military commis- 
sion or tribunal, as provided in section three of 
the military bill. 

Proclamation of Gov. Brownlow, of Tennessee, 
February 25, 1867. 

Whereas, it lias been made known to me, the 
Governor of the State of Tennessee, that certain 
atrocious murd(>rs and numerous outrages have 
been committed in certain counties in this State, 
by violent and disloyal men, upon the persons 
and property of Union men, whose only ofl'ense 
has been their unswerving devotion to the na- 
tional flag, and their uniform support of the 
State government; and whereas these bad men 
are banding themselves together in some locali- 
ties and notifying Union men to leave within a 
given time: Now, therefore, I, William G. Brown- 
low, Governor as aforesaid, by virtue of tlie au- 
thority and power in me vested, do hereby pro- 
claim, that I intend to put a stop to all such 
outrages, by calling into active service a sufficient 
number of loyal volunteers, under tlie following 
recent act, which ij now the law of Tennessee : 
An Act to organize and equip a State Guard, 
and for other purposes. 

He it enacted by the General Assemhly of the 
State of Tcnvssee, That the Governor is hereby 
authorized and empowered to organize, equip, 
and call into active service a volunteer force, to 
be knov.'n as the Tennes.see State Guard, to be 
composed of one or more regiments from each 
congres.iional district of the State : Provided al- 
ways, that the Tennessee State Guard shall bo 
composed of loyal men, who shall take and sub- 
scribe the oath prescribed in the franchise act. 

Sf,c. 2. That tlie Governor shall be comman- 
der-in-chief, and any member of said force shall 
be subject to his order, when in his opinion the 
safety of life, property, liberty, or the faithful 
execution of law require it; to be organized, 
armed, equipped, regulated, and governed by 
the rules and articles of war, and tlie revised 
army regulations of the United States, so far as 
applicable, and shall receive pay and allowances 
according to grade of rank, as provided for the 
United Stales Army while in active service, to 
be ]>aid out of any money in the Slate treasury 
not otherwise afipropriated : Provided, That the 
force provided for by this act shall not be armed 
and equipped until called into active service by 
the Governor. 

Sec. 3. That this act shall take effect from and 
after its passage. 



Standing, as I do, on the broad principles of 
the Constitution, and sworn to enforce the laws, 
I have no concessions to make to traitors ; no 
compromises to offer assassins and robbers ; and 
if, in the sweep of coming events, retributive 
justice shall overtake the lawless and violent, 
their own temerity will have called it forth. 
The outrages enumerated must and shall cease. 
Having reached the foregoing conclusion I feel 
justified in expressing the opinion that the pres- 
ent State government in Tennessee — so gener- 
ally acquiesced in by loyal and law-abiding 
people — will be sustained and preserved, despite 
all the efforts of disappointed traitors and dis- 
loyal newspa])ers. 

The interests of trade, of agricultural pur- 
suits, of commercial intercourse between this 
State and other.? — of the development of our 
vast resources, of immigration, as well as justice 
to loyal sufferers — all require that these outrages 
at once cease in every county in the State. Dis- 
loyal men are giving forth their vile utterances 
in railroad cars, in public hotels, on the streets, 
and through the newspapers, damaging the ma- 
terial interests of the State, those of commerce, 
those of the mechanic arts, of religion and edu- 
cation, as well as bringing reproach upon the 
Commonwealth. 

I cannot, however, close this brief proclama- 
tion without endeavoring to impress upon my 
fellow-citizenf of all parties the importance, the 
absolute necessity, of remaining quiet, of pre- 
serving good order, and a quiet submission to, 
and a rigid enforcement of, the laws everywhere 
within the limits of our State. Outrages upon 
loyal citizens, whether white or black, and the 
setting aside of the franchise law, are all the 
work of bad men, who desire to foment strife, 
and will not be tolerated. 

Prudent and experienced men will be placed 
in charge of the " State Guard" in every county 
where they are placed, who will be required to 
protect all good citizens, irrespective of political 
parties, and to punish murderers, robbers, and 
all violators of law. And the number of troops 
called into active service will be increased or 
diminished as the good or bad conduct of the 
people shall be developed. Hoping this procla- 
mation will strengthen the hands and inspire 
the hearts of the loyal people of our State, as to 
the future, and deter the disloyal from further 
acts of violence, I respectfully submit it, with a 
repetition of the assurance that I mean what I 
say, and that the General Assembly was in ear- 
nest in the passage of this military law. 

In testimony whereof I have hereunto set my 
hand and caused the great seal of the State to be 
affixed at the executive department in Nashville, 
on the twenty-fifth day of February, 1867. 

[l.s.] William G. Bkownlow, 

Covimander-in- Chief, <fec. 



XX. 



JUDICIAL OPINIONS. 



THE Supreme court. 

On Trial by Military Commissions, Dec. 17, 1866. 

No. oiJO. — Decejider Term, 1805. 
Ex 'parte in mutter of Lambdin P MiUi<jan, pe- 
titioner. On a certificate of division of opinion 
between the judge?' of the Circuit Court of tht 
United States for tlie District of Indiana. 
Mr. Justice Davis delivered the opinion of the 
Court. 

On the 10th day of May, 18G5, Lambdin P. 
MiUigan ; resented a petition to the circuit 
court of the United Statesl'or the district of In- 
diana to be discharged from an alleged unlawful 
im[)rifonnieut. The case made by the petition is 
this : Milligan is a citizen of the United States ; 
has lived for twenty years in Indiana, and at 
tlie time of the grievances complained of was 
not, and never luid been, in the military or naval 
service of the United States. On the 5lh day 
of October, 1864, while at home, he was arrested 
by order of General Alvin P. Ilovey, command- 
ing the military district of Indiana, and has ever 
since been kept in close conliiiement 

On the 21st day of October, 1864, he was 
brought before a military commission, convened 
at Indianapolis by order of General Ilovey, 
tried on certain charges and siiecitications, found 
guilty, and sentenced to be hanged, and the sen- 
tence ordered to be executed on Friday, the 19th 
day of May. 1865. 

On the I'd day of January, 1865, after the pro- 
ceedings of the military commission were at an 
end, the circuit court of the United States for 
Indiana met at Indianapolis and empannded a 
grand jury, who were charged to inquire whether 
the lawsof tne United States had been violated, 
and if so, to make presentments. The court ad- 
journed on the 27th day of January, having 
prior thereto discharged ironi further service the 
grand jury, who did not find any bill of indict- 
ment or make anj^ presentment against Milligan 
for anj' oifense whatever, and, in fact, since his 
imprisonment no bill of indictment has been 
found or jiresentment made against him by any 
grand jury of the United States. 

Milligan insists that said military commission 
had no jurisdiction to try him upon the charges 
preferred, or upon any charges whatever ; be- 
cause he was a citizen of the United States and 
the State of Indiana, and had not been, since 
the commencement of the late rebellion, a resi- 
dent of any of the States whose citizens were ar- 
rayed iigainst the Government, and that the 
right of trial by jury was guaranteed to him by 
the Constitution of the United States. 

The prayer of the petition was, that under 
the act of Congress approved March 3, 1863, en- 
titled "An act relating to habeas corpus, and 
regulating judicial proceedings in certain cases," 
he may be brought before the court, and either 
turned over to the proper civil tribunal, to be 
14 



proceeded against according to the law of Ihi) 
land, or discharged i'rom custody altogether. 

With the petition were filed the order for the 
commission, the charges and specifications, the 
linding.s of the court, with the order of the War 
Department, reciting that the S':-ntence was ap- 
proved by the President of the United State.s, 
and directing that it be carried into execution 
without delay. The petition was presented and 
filed in open court by the counsel lor ^lilligan; 
at the same time the district attorney of the 
United States for Indiana a[>peared, and, by the 
agreement of counsel, the apphi'ation was sub- 
mitted to the court. The opinions of the judges 
of the circuit court were opposed on thru: ques- 
tions, which are certified to the Supreme (J'ourt: 

1st. "On the facts stated in said petition and 
exhibits, ought a writ of habeas corpus to be 
issued?" 

2d. " On the facts stated in said petition and 
exhibits, ought the said Lambdin P. Milligan to 
be discharged from custody, as in said petition 
prayed?" 

3d. " Whether, upon the facts stated in said 
petition and exhibits, the military commission 
mentioned therein had jurisdiction legally to try 
and sentence said Milligan, in manner and form 
as in said jietition and exhibit is stated?" 

Tlie importance of the main question presented 
by this reconl cannot be overstated; for it in- 
volves the very Iramework of the Government 
and fundamental j'rinciples of American liberty. 

During the late wicked rebellion, the temper 
of the times did not allow that calmness in de- 
liberation and discussion so necessary to a cor- 
rect conckuion of a jmrely judicial question. 
Then considerations of safely were mingled with 
the exercise of power, and leelings and intensts 
prevailed which are happily terminated. Isow 
that the f)ublic safety is assured, this question, 
as well as all others, can be discussed and de- 
cided without passion or the admixture of any 
element not required to form a legal judgment. 
We approacli the investigation o.f this case, fully 
sensible of the magnitude of the inquiry and the 
necessity of lull and cautious deliberation. But 
we are met w!th a preliminary objection. It is 
insisteil tliat the Circuit Court of Indiana had no 
authority to certify these questions, and that we 
are without jurisdiction to hear and determine 
them. The sixth section of the "Act to amend 
the judicial system of the United States," ap- 
proved April 29, 1802, declares " that whenever 
any question shall occur before a circuit court, 
upon which the opinions of the judges shall be 
opposed, the point upon which the disagreement 
shall happen shall, during the same term, upon 
the request of either party or their counsel, be 
stated under the direction of the judges, and 
certified, under the seal of the court, to the Su- 
preme Court, at their next sess on to be held 
thereafter, and shall by the said Court be finally 

2U9 



210 



POLITICAL MANUAL. 



decided ; and the decision of the Supreme Court 
and their order in the premise? sliall he remitted 
to the circuit court and be there entered of record, 
and shall have eli'ect according to tlie nature of 
the said judgment and order: Proviucd, That 
nothing herein contained shall prevent the cause 
from proceeding, if, in the opinion of tlie court, 
further pi'oceedingscan he had without prejudice 
to the merits." 

Il is under this provision of law that a circuit 
court has authority to certify any question to 
the Supreme Court for adjudication. The in- 
quiry, therefore, is, whether the case of Milli- 
gan is brought within its terms. It was admit- 
ted at tlie bar tiiat the circuit court had juris- 
diction to entertain the application for the writ 
of habeas corpus and to hear and determine it; 
and it could not be denied, for the power is ex- 
pressly given ill the lith section of the judi- 
ciar)'' act of 1769, as well as in the later act of 
1863. Ciiief Justice ^larsliall, in Bollman'scase, 
(4 Cranch.) construed this bi'anch of tlie judi- 
ciary act to authorize the courts as well as the 
judges to issue the writ for the pur[iose of in- 
quiring into the cause of the commitment ; and 
this construction has never been departed from. 
But it is maintained with earnestness and abil- 
ity that a certiiicate of division of o[)inion can 
occur only in a cause ; and that the proceeding 
by a jiarty moving for writ of habeas corpus 
does not become a cause until after the writ has 
been issued and a return made. 

Independently of the provisions of the act of 
Congress of ]\Iarch 3, 1803, relating to habeas 
corpus, on which the f>etitioner bases his claim 
for relief, and which we will presently consider, 
can this position be sustained ? 

It is true that it is usual for a court, on appli- 
cation for a writ of habeas corpus, to issue the 
writ, and on the return to dispose of the case; 
but the court can elect to waive the issuing of 
the writ and consider whether, upon the facts 
presented in the petition, the prisoner, if brought 
before it, could be discharged. One of the very 
points on which the case of Tobias Watkins, re'- 
ported in 3 Peters, turned was, whether, if the 
writ was issued, the petitioner would be re- 
manded upon the case which he had made. 

The Chief Justice, in delivering the opinion 
of the Court, said : " The cause of imprisonment 
is shown as fully by the petitioner as it could 
appear on the return of the writ; consequently 
the writ ought not to be awarded if the court is 
satisfied that the prisoner would be remanded to 
prison." 

The judges of tlie circuit court of Indiana 
were therefore warranted by an express decision 
of this Court in refusing the writ, if satisfied 
that the prisoner, on his own showing, was 
rightfully detained ; but, it is contended, if they 
differed about the lawfulne a of the imprison- 
ment, and could render no judgment, the pris- 
oner is remediless, and cannot have the disputed 
question certified under the act of 1802 His 
remedy is complete by writ of error or appeal, if 
the court renders a final judgment refusing to 
discliarge him ; but if he should he so unfortu- 
nate as to be placed in the predicament of hav- 
ing the court divided on the question whether 
he should live or die, he is hopeless and without 



remedy. He w'shes the vital question settled, 
not by a single judge at his chambers, but by 
tlie highest \.rihun.il known to the Constitution ; 
and yet tlie privilege is denied him, because the 
circuit court consists of two judges inste.^,'■ 
one. iSuch u result v/as not in tlie contempltr- 
tion of the Legislature of 1802, and the language 
used by i*. cannot be construed to mean any such 
thing. The clause under consideration was in- 
troduced to further the ends of justice by obtain- 
ing a speedy settlement of important questions 
where the judges might be opf'Osed m opinion. 
The act of 1802 so changed the judicial system 
that the circuit court, instead of three, was 
composed of two judges; and without this pro- 
vision, or a kindred one, if the judges difl'ered, 
the differenue would remain, the question be un- 
settled, and justice denied. The decisions of this 
court upon the provisions of this section have 
been numerous. In United States vs. Daniel, 
(n Wheaton) the court, in holding that a division 
of the judges on a motion for a new trial could 
not be certified, say : " That the question must 
be one which arises in a case depending before 
the court relative to a proceeding belonging to 
the cause." Testing Milligan's case by tins rule 
of law, is it not apjiarent that it is rightfully 
here, and that we are compelled to answer the 
questions on which the judges below were op- 
posed in opinion ? If, in the sense of the law, 
the proceeding for the writ of habeas corpus 
was the "cause" of the party applying for it, 
then it is evident that the " cause " was jiending 
before the court and that the questions certified 
arose out of it, belonged to it, and were matters 
of right and not of discretion. 

But it is argued that the proceeding does not 
ripen into a cause until there are two parties to 
it. This we deny. It was the cause of Milligan 
when the petition was presented to the circuit 
court. It would have been the cause of both 
parties, if the court had issued tlie writ and 
brought those who held Milligan in custody be- 
fore it. Webster defines the word "cause" thus: 
"A suit or action in court; any legal process 
which a party institutes to obtain his demand, 
or by which he seeks his right, or supposed 
right" — and he says, "this is a legal, scriptural, 
and popular use of the word, coinciding nearly 
with case, from cadM, and action, from ago, to 
urge and drive." 

In any legal sense, action, suit, and cause are 
convertible terms. Milligan supposed he had a 
right to test the validity of his trial and sen- . 
fence ; and the proceeding which he set in opera- 
tion for that purpose was his " cause " or "suit." 
It was tlie only one by which he could recover 
his liberty. lie was powerless to do more; he 
could neither instruct the judges nor control 
their action, and should not suffer, because, with- 
out fault of his, they were unable to render a 
judgment. But the true meaning to the terra 
"suit" has been given by this Court. One of 
the questions in Weston vs. City Council of 
Charleston (2 Peters) was, whether a writ of pro- 
hibition was a suit ; and Chief Justice Marshall 
says: "The term is certainly a compreheusiva 
one and is understood to apply to any proceed- 
ing in a court of justice by which an individual 
pursues that remedy which the law affords him." 



JUDICIAL OPINIONS. 



211 



Geria'.nly Milligan pursued the unly remedy 
which the law all'orded him. 

Again, in Cohens vs. Virginia, (0 Whoa ton,) 
he says : " in law language a suit is the prose- 
cution of some demand iu a court of justice." 
Also, " to commence a suit is to demand some- 
thing by the institution of process in a court of 
justice: and to prosecute tiie suit is to continue 
that demand." When Milligan demanded his 
release by the proceeding relating to /i.abeas cor- 
pus bo commenced a suit, and he has since prose- 
cuted It in all the ways known to the law. One 
of the questions in Holmes vs. Jennison (14 Pe- 
ters) was, whether under the 2oth section of the 
judiciary act a proceeding for a writ of habeas 
corpus was a "suit." Cliief Justice Taney held 
that, " if a party is unlawfully imprisoned, the 
writ of habeas corpus is his appropriate legal 
remedy It is his suit in court to recover his 
liberty." There was much diversity of opinion 
on another ground of jurisdiction, but on this, 
that in the sense of the 25th section of the judi- 
ciary ai-t, the proceeding by habeas corpia was 
a suit, was not controverted by any except Bald- 
win, Justice, and he thought that "suit" and 
" cause," as used in the section, mean the same 
tiling. 

The court do not say that a return must be 
made and the parties appear and begin to try 
the case before it is a suit. When the petition 
»s iiled and the writ prayed for, it is a sui<— the 
suit of the party making the application. If it 
is a suit under the 25th section of the judiciary 
act, w!if n the ])roceedings are begun, it is, by all 
tJie analogies of the law, equally a suit under 
the Gill section of the act of 1802. 

But it is argued that there must be two parties 
to the suit, because the point is to be .stated upon 
the request of "either party or their counsel." 
Such a literal and techni<al construction would 
defeat the very purpose the Legislature had in 
view, whioh was to enable any party to bring 
the case here, when the point in controversy 
was a matter of right and not of discretion ; and 
the words "either party," in order to prevent 
a failure of justice, must be construed as words 
of enUirgemeiit, and not of res^ric^iow. Although 
this case is here ex parte, it was not considered 
by the court below without notice having been 
given to the party supposed to have an interest 
in the detention of the prisoner. The state 
ments of the record show that this is not only a 
fair, but conclusive inference. When the coun- 
sel for Milligan presented to the court the peti- 
tion for the writ of habeas corpu?, Mr. llanna, 
the district attorney for Indiana, also appeared ; 
and, by agreement, the application was sub- 
mitted to the court, who took the case under 
advisement, and on the next day announced 
their- inability to agree, and made the certificate. 
It is clear that Mr. Hanna did not represent the 
petitioner, and why is fiis appearance entered? 
It admits of no otlier solution than this — that 
he was informed of the application, and ap- 
peared on behalf of the (rovernment to contest it. 
The Government was the prosecutor of Milligan, 
who claimed that his imprisonment was illegal, 
and sought, in the only way he could, to recover 
his Uherty. The case was a grave one ; and the 
court, unquestionably .directed that the law officer 



of the Government should be informed of it. ITo 
very properly appeared, and as the facts were un- 
controverted and the diflicully was in theapplica- 
lion of tlie law, there was no useful purpose to 
be obtained in issuing the writ. The cause was, 
therefore, submitted to the court, for their con- 
■sideration and determination. But Milligan 
claimed his discharge from custod}' by virtue of 
the act of Congress " relating to habeas corpus, 
and regulating judicial proceedings in certain 
cases," approved March 3, 1863. Did that act 
confer jurisdiction on the circuit court of In- 
diana to hear this case? In interpreting a law, 
the motives which must have operated with the 
legislature in passing it are proper to be con- 
sidered. This law was passed in a time of great 
national peril, when our heritage of free govern- 
ment was in danger. An armed rebellion against 
the national authority, of greater proportions 
than history afl'ords an example, was raging; 
and the public safety required that the privilege 
of the writ of habeas corpus should be suspended. 
The President had practically suspended it, and 
detained suspected persons in custody without 
trial ; but his authority to do this was questioned. 
It was claimed that Congress alone could exercise 
this power, and that the legislature, and not the 
President, should judge of the political con- 
siderations on which the right to suspend it 
rested. The privilege of this great writ had 
never before been withheld from the citizen; 
and, as the exigence of the times demanded im- 
mediate action, it was of the highest importance 
that the lawfulness of the suspension should be 
fully established. It was under these circum- 
stances, which were such as to arrest the atten- 
tion of the country, that this law was passed. 
The President was authorized by it to suspend 
the privilege of the writ of habeas corpus when- 
ever, in his judgment, the public safety required ; 
and he did, by proclamation, bearing date the 
15th of September, 1863, reciting among other 
things the authority of this statute, suspend it. 
The suspension of the writ does not authorize 
the arrest of any one, but simply denies to one 
arrested the privilege of this writ in order to 
obtain his liberty. 

It is proper, therefore, to inquire under what 
circumstances the courts couW rightfully refuse 
to grant this writ, and when the citizen was at 
liberty to invoke its aid. 

The second and third sections of the law are 
explicit on these points. The language used is 
plain and direct, and the ineaning of the Con- 
gress cannot be mist,aken. The public safety de- 
manded, if the President thought proper to arrest 
a suspected person, that he should not be required 
to give the cause of his detention on return to a 
writ of habeas corpus. But it was not contem- 
plated that such person should be detained in 
custody beyond a certain fixed period, unless 
certain judicial proceedings known to the com- 
mon law were commenced against him. The 
Secretaries of State and War were directed to 
furnish to the judges of the courts of the United 
States a list of the names of all parties, not pris- 
oners of war, resident in their respective juris- 
dictions, who then were or afterwards should be 
held in custody by the authority of the Presi- 
dent, and who were citizens of States in which 



212 



POLITICAL MANUAL. 



the adniinistnition of the l^ws in the Federal 
tribunals \va<5 uniiiipaired. After tlie list was fiir- 
nisiieii, if a grand jury of the district convened 
and adjourned, and did not indict or present 
one of the persons thus named, he was entitled 
to liisdisuharf^o ; and it was t!ie duty of the jud^e 
of the court to order liiin lirought before liirn to 
be discharged, il he desired it. The refusal or 
omission to furnish tlio list could not operate to 
the injur}' of any one who was not indicted or 
presented by the grand jury ; for if twenty days 
had elapsed from the tirne of his arrest and tbe 
terniiiialion of tlie session of the grand jury, he 
was equally entitled to his discliarge as if the 
list were furnished ; and any credible person, on 
petition verified by affidavit, could obtain the 
judge's order for that purpose. 

Milligan, in liis application to be released from 
imprisonment, averred t'.ie existence of every 
fact necessary under the terms of this law to 

?ive the circuit court of Indiana jurisdiction. 
f he was detained in cuslody l)y the order of 
tbe President, otherwise than as a prisoner of 
war; if he was a citizen of Indiana, and had 
never been in tbe military or naval service, and 
the grand jury of the district liad met, after he 
had been arrested for a period of twenty days, 
and adjourned without taking any proceedings 
against him, then the court had the right to en- 
tertain liis petition and determinethe lawfulness 
of his imprisonment. Becau>;e the word "court" 
is not ibund in the body of the second section, it 
was ai gued at tiie bar that the application should 
have been made to a judge of tbe court, and not 
to the court itself; but this is not so; for power 
is expressly conferred in the last proviso of tbe 
section on tbe court equally with a judge of it 
to discharge from im[irisonment. It was tlie 
manifest design of Congress to secure a certain 
remedy by which any one deprived of liberty 
could obtain it, if there was a ju<licial I'ailure to 
find cause of offence against birn. Courts are 
not alwaj's in session, and can adjourn on the 
discharge of the grand jury ; and before those 
who are in confinement could take proper steps 
to j)rocure their liberation. To provide for this 
contingency, authority was given to the judges 
out of court to grant relief to any party wlio 
could show that, under the law, he should be no 
lonpcr restrained of his liberty. It was insisted 
that Milligan's case was defective, because it did 
not state that the list was furnished to the 
judges, and. therefore, it was impossible to say 
under which section of the act it was presented. 
It is not easy to see how this omission could 
affect tbe question of jurisdiction. Milligan could 
not know that the list was furnished, unless the 
judges volunteered to tell hirn ; for the law did 
not require that any record should be made of it, 
or any Dody but the judges informed of it. Why 
aver the fact, when the truth of the matter was 
apparent to the court without an averment? 
Ilow can Milligan be harmed by the absence of 
tlie averment when he states that he was under 
arrest for more than sixty days before tbe court 
and grand jury, which should have considered 
his case, met at Indianapolis? It is apparent, 
therefore, that under the habeas corpus act of 
1863, the circuit court of Indiana had complete 
juris/Jictiou to adjudicate upon this case, and if 



the judges could not agree on questions vital to 
the progress of the cause they bad the authority, 
(as we liave shown in a previous part of this 
ojiinion.) and it was their duty to certify tliose 
questions of disagreement to this Court lor final 
tiecision. It was agreeil tliat a linal decision on 
(lie questions presented ou^^bt not to be made, 
because tbe parties who were directly concerned 
in the arrest and detention of Milligan were not 
before tiie court ; and their rights might be pre- 
judiced by the answer which should l.'e given to 
those questions But this court cannot know 
what return will be made to the writ of huheat 
corpjis when i-sued ; and it is very clear that nc 
ofte is concluded upon any question that may 
lie raised to that return. In the sense of the law 
of 1802, which authorized a certilicate of division, 
a final decision means final npon the points cer- 
tified ; final upon the court below, so that it is 
estopjied from any adverse ruling in all the sub- 
sequent proceedings of the cause. But it is said 
that this case is ended, as the presumption is that 
iMilligon v/as banged in pursuance of the order 
of the President. Although we have no judicial 
information on the subject; yet the inferenco is 
that lie is alive ; for otherwise learned counsel 
would not appear for him and urge the Court to 
decide his case. 

It can never be in this country of written con- 
stitution and laws, witli a judicialdepartmeiitto 
interr>ret tiiem, that any Ciiief Magistrate would 
be so far forgetful of his duty as to order the ex- 
ecution of a man who denied the jurisdiction 
that tried and convicted him, after his case was 
before federal judges, with power to decide it, 
who, being unable to agree on the grave ques- 
tions involved, had, according to knosvn law, 
sent it to tbe Supreme Court of the United State? 
for decision. But even tbe suggestion is injuri- 
ous to the Executive, and we dismiss it from fur- 
ther consideration. Tliere is, therefore, nothing 
to hinder this Court from an investigation oi tho 
merits of this controversy. 

The controlling question in tlie case is this : 
Upon the facts stated in Milligan's petition, and 
the exhibits filed, had the military commissioti 
mentioned in it jurisdiction legally to try ar^d 
sentence him ? Milligan, not a resident of one 
of the rebellious States, or a prisoner of war, bat 
a citizen of Indiana for twenty years past, and 
never in the military or naval service, is, while at 
his home, arrested by the military power of the 
United States, imprisoned, and, on certain crim- 
inal charges jirelerred against Lira, tried, con- 
victed, and sentenced to be hanged by a military 
commission, organized under the direction of 
the military commander of the military district 
of Indiana. Had this tribunal the legal power 
and authority to try and punish this man? No 
graver question was ever considered by this 
Court, nor one which more nearly concerns the 
rights of the whole people; for it is the birth- 
right of every American citizen, when charged 
with crime, to be tried and ])unislied according 
to law. The power of punishment is alone 
through the means which the laws have provided 
for that purpose, and if they are ineffectual there 
is an immunity fr(uii ])unishmenf.,no matter how 
great an olTender the individual may be, or how 
much his crimes may have shocked the sense of 



JUDICAL OPINIONS. 



213 



i'ustice o^ the country or endangered its safety. 
Jy tlui protection of the law human riglits are 
sccurta- withdraw that protection, and they are 
at the mercy of wiidied rulers, or the clamor of 
an excitel people. If tliere was law to justify 
this military trial, it is not our province to in 
teri'ere ; if there was not, it is our <hity to de- 
clare the n.iUit}' of the wliole proceedings. The 
decision of i^his question does not de[iend on ar- 
gument or judicial jirecedents, numerous and 
highly illustrative as they are. These prece- 
dents inform us of the extent of the struggle to 
preserve liberty and to relieve those in civil life 
from military trials. The founders of our Gov- 
ernment were familiar with the history of that 
BtrHggle, and secured in a written constitution 
every right which the people had wrested from 
power during a contest of ages. By that Con- 
stitution, and tlie laws authorized by it, this 
question must be determined. The provisions 
of that instrument on the administration of crim- 
inal justice are too plain and direat to leave 
room for misconstruction or doubt of their true 
meaning. Those applicable to this case arc 
found in that clause of the original Constitution 
which says, "that the trial of all crimes, ex- 
cept in case of impeachment, sliall be by jury ;" 
and in the fourth, fifth, and sixth articles of the 
amendments. The fourth proclaims the right to 
be secure in person and eflects against unreason- 
able search and seizure; anil directs that a judi- 
cial warrant shall not issue " without proof of 
probable cause supported by •ath or affirmation." 
The fiftli declares " that no person shall be held 
to answer for a capital or otherwise infamous 
crime unless on presentment by a grand jury, 
except in cases arising in the land or naval forces 
or in the militia when in actual service in time 
of war or public danger, nor be deprived of life, 
liberty, or [iropert}' without due process of law." 
And the sixth guaranties the riglit of trial by 
jury in such manner and with such regulations 
that with upright judges, impartial juries, and 
an able bar, the innocent will be saved and the 
guilty punished. It is in these words: " In all 
criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial by an im- 
partial jury of the State and district wherein 
the crime shall have been committed, which dis- 
trict shall have been previously ascertained by 
law, and to be informed «f the nature and cause 
of the accusation, to be confronted with the wit- 
nesses against tiiem, to have compulsory process 
for obtaining witnesses in his favor, and to liave 
the asoistance of counsel for iris defence." These 
securities for personal liberty tlius embodied, 
were such as wisdom and experience liad demon- 
strated to be necessary i'or the protection of those 
accused of crime. And so strong was the sense 
of the country of their importance, and so jealous 
were the people that these rights, liighly prized, 
might be denied thein by implication, tiiat wlien 
the original Constitution was proposed for adop- 
tion, it encountered severe opposition, and, but 
for the belief that it would be so amended as to 
embrace them, it would never have been ratified. 
Time lias proven the discernment of our an- 
cestors ; for even these provisions, expressed in 
Kuch ]ilain English words that it would seem the 
ingenuity of maa could not evade them, are 



now, after the lapse of more than seventy years, 
sought to be avoided. Those great and good men 
foresaw that troublous times would arise, when 
rulers and peo[ile would become restive under 
restraint, and seek, by sharp and decisive meas- 
ures, to accom[ilish ends deemed just anil pioper, 
and that tlie ju-inciples of constitutional liberty 
would be in iieril, unless established byirrepeal- 
able law. The history of the world had taught 
them that what was done in the past might be 
attempted in tlie future. The Constitution of 
the United States is a law for rulers and people, 
equally in war and in peace, and covers with 
the shield of its protection all classes of men, at 
all times, and under all circumstances. No doc- 
trine involving more pernicious consequences 
was ever invented by the wit of man than that 
any of its provisions can be suspended during 
any of the great exigencies of Government. Such 
a doctrine leads directly to anarchy or despotism, 
but the theory of necessity on which it is based 
is false; for tlie Government, within the Consti- 
tution, has all the powers granted to it which 
are necessary to preserve its existence, as has 
been happily proved by the result of the great 
effort to throw off its just authority. 

Have any of the rights guarantied by the 
Constitution been violated in the case of ■\Iilli- 
gan? and, if so, what are they? Every trial 
involves the exercise of judicial power ; and from 
what source did the military commission that 
tried him derive their authority ? Certainly no 
part of the judicial power of the country was 
conferred on them, because the Constitution ex- 
pressly vests it " in the Supreme Court and such 
inferior courts as the Congress may, from time 
to time, ordain and establish," and it is not pre- 
tended that the commission was a court ordained 
and established by Congress. They cannot jus- 
tify on the mandate of the President, because he 
is controlled by law, and has his appropriate 
sphere of duty, which is to execute, not to make 
the laws; and there is "no unwritten criminal 
code to which resort can be had as a source of 
jurisdiction." But it is said that the jurisdiction 
is com[>lete under the " laws and usages of war." 
It can serve no useful purpose to inquire what 
those laws and usages are, whence tliey origina- 
ted, where found, and on whom they operate; 
they can never be applied to citizens in States 
which have upheld the authority of the Govern- 
ment, and where the courts are open and their 
process unobstructed. This Court has judicial 
knowledge that in Indiana the Federal authority 
was always uno])po?ed, and its courts always 
open to hear criminal accusations and to redress 
grievances; and no usage of war could sanction 
a military trial there, for any offence whatever, 
of a citizen in civil life, in nowise connected 
with the military service. Congress could grant 
no such power ; and, to the honor of our Na- 
tional Legislature be it said, it has never been 
provoked by the state of the country even to at- 
tempt its exercise. One of the plainest consti- 
tutional provisions was, therefore, infringed 
when Milligan was tried by a court not ordained 
and established by Congress, and not compo^^ed 
of judges appointed during good behavior. Why 
was he not delivered to the circuit court of In- 
diana, to be proceeded against according Lo law? 



214 



POLITICAL MANUAL. 



No reason of necessity could be urged against 
it, because Congress bad dechired penalties against 
llio offences cluvrgod, provided lor their punish- 
ment, and directed that court to bear and deter- 
mine them. And soon after this mibtary tribu- 
nal was ended tlie circuit court met, jieacel'uUy 
transacted its business, and adjourned. It needed 
no bayonets to protect it. and required no mili- 
tary aid to execute its judgments. It was held 
in a State eminently distinguished for patriotism 
by judges commissioned during the rebellion, 
wlio were provided with juries, upright, intelli- 
gent, and selected by a marshal apjiointed by 
the President. The Government had no right 
to conclude that Milligan, if guilty, would not 
receive in that court merited punishment, for its 
records disclose lliat it was constantly engaged 
in the trial of similar offences, and was never in- 
terrupted in Its administration of criminal jus- 
tice. If it was dangerous in the distracted con- 
dition of affairs to leave Milligan unrestrained 
Government, afforded aid and comfort to rebels, 
of his liberty because he •' conspired against the 
and incited the people to insurrection," the law 
said arrest him, coiiline him closely, render him 
powerless to do further mischief, and then pre- 
sent his case to the grand jury of the district, 
with proofs of his guilt, and, if indicted, try him 
according to the course of the common law. If 
this had been done the Constitution would have 
been vindicated, the law of 1SG3 enforced, and 
the securities for personal liberty preserved and 
defended. 

Another guaranty of freedom was broken 
•when Milligan was denied atrial by jury. The 
great minds of the country liavo differed on the 
correct interpretation to be given to various pro- 
visions of the Federal Constitution ; andjudicial 
decision has been often invoked to settle their 
true meaning; but until recently no one ever 
doubted that the rightof trial by jury was forti- 
fied in the orgnnic law against tlie jiower of at- 
tack. It is now assaileil ; but, if ideas can be 
expres.sed in words, and language has any mean- 
ing, tills right — one of the most valuable in a 
free country — is preserved to every one accused 
of crime who is not attached to the army or 
navy, or militia in actual service. The sixth 
amendment alfirms that '" in all criminal prose- 
cutions the accused shall enjo}' the right to a 
speedy and public trial by an impartial jury," 
language broad enougli to embrace all persons 
and cases; but the fiftli, recognizing the neces- 
Bity of an indictment, or presentment, before any 
one can be held to answer for iiigh crimes "ex- 
cepts eases arising in the land or naval forces, or 
in the militia, when in actual service, in time 
of war or public danger ;" ami tiie frarners of 
the Constitution doubtless meant to limit the 
right of trial by jury, in the sixth amendment, 
to those persons who wore subject to indictment 
or presentment in the fiftii. 

Tlie discipline necessary to the efficiency of 
the army and navy required other and swifter 
modes of trial tlian are furnished by llio common 
law courts ; and, in pursuance of tiie power con- 
ferred by the Constitution, Congress has declared 
tlie kinds of trial, and the manner in which they 
Rhall be conducted, I'or offences commiltod wliile 
the I'urty is in the military or naval service. 



Every one connected with these branches of th» 
public service is amenable to tiie jurisdiction 
which Congress has created for their government, 
and while thus serving, surrenders bis right to 
be tried by the civil courts. All other persons, 
citizens of States v/here the courts are oj^en, if 
charged with crime, are guarantied the inesti- 
mable privilege of trial by jury. Tins jiriviloge 
is a vital princi[ile, underlying the whole admin- 
istration of criminal justice ; it is not held by 
sufferance, and cannot be frittered away on any 
plea of State or political necessity. When peace 
prevails, and the autliorily of the Government 
is undisputed, there is no difficulty of preserving 
the safeguards fcf liberty ; for the ordinary modes 
of trial are never neglected, and no one wishes 
it otherwise. But if society is disturbed by civii 
commotion — if the passions of men are aroused 
and the restraints of law weakened, if not dis- 
regarded — these safeguards need, and should re- 
ceive, the watchful care of those entrusted with 
the guardianship of the Constitution and law.-^. 
In no other way can we transmit to posterity 
unimpaired the blessings of liberty, consecrateJ 
by the sacrilices of the Revolution. 

It is claimi'd that martial law covers with its 
broad mantle the proceedings of this military 
commission. The proposition is this: That in a 
lime of war the commander of an armed force 
(if, in his opinion, the exigencies of the country 
demand it. and of which be is to judge,) has the 
power, within the lines of his military district, 
to suspjend all civil rights and their remedies, 
and subject citizens as well as soldiers to the rule 
of his will ; and in the exercise of his lawful au- 
thority cannot be restrained, except by his su- 
perior officer or the President of the United- 
States. If this position is sound to the extent 
claimed, then when war exists, foreign or domes- 
tic, and the country is subdivided into military 
departments for mere convenience, the com- 
mander of one of them can, if he chooses, within 
his limits, oif the plea of necessity, with the ap- 
proval of the Executive, substitute military force 
for and to the exclusion of the laws, and punish 
all persons as he tliinks right and proper, without 
fixed or certain rules 

The statement of this proposition shows its 
importance; for, if true, republican government 
is a failure, and there is an end of liberty regu- 
lated by law. Martial law, established on such 
a basis, destroys every guarantee of the Consti- 
tution, and effectually renders the " military 
imlependent of and superior to the civil power" 
— the attempt to do which by the King of Great 
Britain was deemed by our fathers such an offence 
that they assigned it to the world as one of t!ia 
causes whicii impelled them to declare tiieir in- 
dependence. Civil liberty and this kind of 
martial law cannot endure together; tlie antag- 
onism is irreconcilable, and in the conflict one or 
the other must perish. 

This nation, as experience has proved, cannot 
always remain at peace, and has no riglit to ex- 
jiect that it will always have wise and humane 
rulers, sincerely altaciied to the principles of the 
Constitution. Wicked men, ambitious ot power, 
with haired of liberty, and contempt of la>v, 
may fill the place once occupied by Washington 
and Lincoln ; and, if this right is conceded, and 



JUDICIAL OPINIONS. 



235 



tlie calnmities of war again befall us, tLe dan- 
gers to human liberty are frightful to coi.tfcrn 
plate. If our fathers had failed to ])rovide for 
just such a contingency, they would have been 
false to tlie trust reposed in them. They knew 
—the liistory of the world told them — the na- 
tion thej' were founding, be its existence short 
or long, would be involved in war — how often, 
or how long continued, human ioresicht could 
not tell — and that unlimited power, wherever 
lodged at such a time, was especially hazardous 
to freemen. For this and other equally weighty 
reasons, they secured the inheritance they had 
fought to maintain, by incorporating in a writ- 
ten constitution the safeguards which time had 
proved essential to its preservation. Not one of 
these safeguards can the President, or Congress, 
or the judiciary disturb, except the one concern- 
ing the writ of habeas corpus. 

It is essential to the safety of every govern- 
ment that, in a great crisis like the one we have 
just passed through, there should be a power 
somewhere of suspending the writ of habeas cor- 
pus. In every war there are men of previously 
good cliaracter wicked enougli to counsel their 
fellow citizens to resist the measures deemed 
necessary by a good government to sustain its just 
authority and overthrow its enemies, and their 
influence may lead to dangerous combinations. 
In the emergency of the times an immediate 

Eublic investigation, according to law, may not 
e possible, and yet the peril to the country may 
be too imminent to suffer such persons to go at 
large. Unquestionably, there is then an exi- 
gency which demamls that the Government, if 
it should see fit, in the exercise of a proper dis- 
cretion, to make arrests, should not be required 
to produce the persons arrested in answer to a 
writ of liabeas corpus. The Constitution goes no 
further. It does not say after a writ of habeas 
corpus is denied a citizen, tliat he shall be tried 
otlierwise than by the course of the common 
law; if it had intended this result, it was easy 
by the u?e of direct words to have accomplisliod 
it. Tb.e illustrious men who framed that instru- 
ment were guarding the foundations of civil lib- 
erty against the abuses of unlimited power; 
they were full of wisdom, and the lessons of his- 
torjf informed tiiem that atrial by an established 
court, assisted by an impartial jury, was the 
only sure way of protecting the citizen against 
oppression and wrong. Knowing this, they lim- 
ited the suspension to one great right, and left 
the rest to remain forever inviolabh;. But it is 
insisted that the safety of the country in time of 
war demands that this broad claim for martial 
law shall be sustained. If this were true, it 
could be well said that a country preserved at 
the sacrifice of all the cardinal prin-^iples of lib- 
erty is not worth the cost of preservation. Hap- 
pily it is not so. 

it will be borne in mind that this is not a 
question of the power to proclaim martial law, 
when war exists in a community and the courts 
and civil authorities are overthrown. Kor is it 
a question what rule a militarj' commander, at 
the head of his army can impose on States in 
rebellion to cripple their resources and quell the 
insurrection. The juiisdiction claimed is much 
more extensive. The necessities of the service 



during the late rebellion required that the loyal 
States should be phiced within tlie limits of cer- 
tain military districts, andcommanders appointed 
in them ; and it is urged that this, in a military 
sense, constituted them the theatre of military 
operations, and, as in this case, Indiana Iiad been 
and was jigain threatened with invasion by the 
enemy, the occasion was furnished to establish 
martini law. The conclusion does not follow 
from the jiremises. If armies were collected in 
Indiana, they were to be employed in another 
locality, where the laws were obstructed and the 
national authority dis[)Uted. On lier soil there 
was no hof^tile foot ; if once invaded, that inva- 
sion was at an end, and with it all pretext for 
martial law. Alartial law cannot arise from a 
threatened invasion. The necessity must be 
actual and yiresent, the invasion real — such as 
effectually closes the courts and deposes the civil 
administration. 

It is difficult to see how the safety of the coun- 
try required martial law in Indiana. If any of 
her citizens were plotting treason, the power of 
arrest could secure 1 hem until the Government 
was prepared for their trial, when the courts 
were open and ready to try them. It was as 
easy to protect witnesses before a civil as a mili- 
tary tribunal; and, as there could be no wish to 
convict, except upon sufficient legal evidence, 
surely an ordained and established court waa 
better able to judge of this than a military tri- 
bunal, composed of gentlemen not trained to 
the profession of the law. 

It follows, from what has been said on this 
subject, that there are occcasions wlien martial 
rule can be properly applied. If in foreign in- 
vasion or civil war the courts are actually closed, 
and It is impossible to administer criminal jus- 
tice according to law, then on the theater of act- 
ive military operations, where war really pre- 
vails, there is a necessity to furnish a substitute 
for the civil authority thus overthrown to pre- 
serve the safety of tlie army and society ; and as 
no power is left but tlie military, it is allowed to 
govern by martial rule until the laws can have 
their free course. As necessity creates the rule, 
so it limits its duration ; for if this government 
is continued after the courts are reinstated, it is 
a gross usurpation of power. Martial rule can 
never exist where the courts are open, and in the 
proper and unobstructed exercise of their juris- 
diction. It is also confined to the locality of 
actual war. Because during the late rebellion 
it could have been enforced in Virginia, where 
the national authority was overturned and the 
courts driven out, i-tdoes not follow that it should 
obtain in Indiana, where that authority was 
never disputed, and justice was always adminis- 
tered. And so in the case of a foreign invasion, 
martial rule may become a necessity in one 
State, when in another it would be "mere law- 
less violence." We are not without precedents 
in English and Ameriean history illustrating our 
views of this question ; but it is hardly necessary 
to make particular reference to them. 

From the first year of the reign of Edward the 
Third, when thePariiamentof England reversed 
the attainder of the Earl of Lancaster, because 
he could have been tried by the courts of the 
realm, and declared " that in time of peace na 



21G 



POLITICAL MANUAL. 



man oimlit to be adjudged to deatli for treason 
or any other oflence without being arraigned 
and held to answer, and tliat regularly when the 
king's courts are open it is a time of peace in 
judgment of law," down to the present day, 
martial law, as claimed in this case, has been 
condemned by all respectable English jurists as 
contrary to the fundamental laws of the land, 
and subversive of the liberty of the subject. 

During the present century, an instructive 
debate on this question occurred in Parliament, 
occasioned by the trial and conviction by court 
martial at Demarara of tlie liov. John Smith, a 
missionary to the negroes, on the alleged ground 
of aiding and abetting a formidable rebellion in 
that colony. Those eminent statesmen. Lord 
Brougham and Sir James Macintosh, partici- 
pated in that debate, and denounced the trial as 
illegal, because it did not appear that the courts 
of law in Demarara could not try offences, and 
that " when the laws can act every other mode 
of punishing supposed crimes is itself an enor- 
mous crime. ' 

So sensitive were our Revolutionary fathers 
on this subject, although Boston was almost in 
a state of siege when General Gage issued his 
proclamation of martial law, they spoke of it as 
an " attempt to supersede the course of the com- 
mon law, and instead thereof to publish and 
order the use of martial law." The Virginia 
Assembly also denounced a similar measure on 
the part of Governor Dunmore "as an assumed 
power, whish the king himself cannot exercise, 
because it annuls the law of the land and intro- 
duces the most execrable of all systems, martial 
law." 

In some parts of the country, during the war 
of 1812, our ofHcers made arbitrary arrests, and 
by military tribunals tried citizens who were not 
in the military service. These arrests and trials, 
when brought to the notice of the courts, were 
uniformly condemned as illegal. The cases of 
Smith vs. Shaw, and McConnell vs. Hampton, 
(reported in 12 Johnson,) are illustrations wliich 
we cite, not only for the principles they deter- 
mine, but on account of the distinguished jurists 
concerned in the decisions, one of whom lor many 
years occupied a seat on this bench. 

It is contended that Luther vs. Borden, de- 
cided by this court, is an authority for the claim 
of martial law advanced in this case. The de- 
cision is misapprehended. That case grew out 
of the attempt m Rhode Island to supersede the 
old colonial government by a revolutionary 
proceeding. Rliode Island at that period had 
no other form of local government than the char- 
ter granted by King Charles II in IG'iS, and as 
that limited the rigiit of suffrage, and did not 
provide for its own amendment, many citizens 
became dissatisfied because the Legislature would 
not afford the relief in their power, and without 
the authority of law formed a new and inde- 
pendent constitution, and proceeded to assert its 
authority by force of arms. The old govern- 
ment resisted this, and as the rebellion was for- 
midable, called out the militia to subdue it, and 
passed an act declaring martial law. 

Borden, in the military service of the old gov- 
ernment, broke open the house of Luther, who 
eui>ported the rt£Jit) in order to arrest him. Lu- 



ther brought suit against Borden, and the ques- 
tion was, whether, under the constitution and 
laws of the State, Borden was justified. This 
court held that a State "may use its military 
power to put down an armed insurrection too 
strong to De controlled by the civil author- 
ity," and if the Legiblatur*' of Rhode Island 
thought the peril so great as to require the use 
of it.s military I'orces and the declaration of mar- 
tial law, there was no ground on which this 
ccurt could question its autliority, and as Borden 
acted under military orders of the charter gov- 
ernment, wliich had been recognized by the po- 
litical power of the countrj', and was upheld by 
the State judiciary, he was justified m breaking 
into and entering Luther's house. This is the 
extent of the decision. There was no question 
in issue about the power of declaring martial 
law under the Federal Constitution, .and the 
court did not consider necessary even to inc^uire 
"to what extent nor under what circumsUu(-e3 
that power may be exercised by a State." 

We do not deem it important to examine fur- 
ther the adjudged cases; and shall, therefore, 
conclude without any additional reference to 
authorities. To the third question, then, on 
which the judges below were opposed in opin- 
ion, an answer in the negative must be returned. 

It is proper to say, although ililligan's trial 
and conviction by a military commission was 
illegal, yet, if guilty of the crimes imputed to 
him, and his guilt had been ascertained by an 
established court and impartial jury, he deserved 
severe punishment. Open resistance to measures 
deemed necessary to sulxlue a great rebellion by 
those who enjo\' the protection of government, 
and have not the excuse even of prejudice of 
section to plead in their favor, is wicked; but 
that resistance becomes an enormous crime 
when it assumes the form of a secret political 
organization armed to oppose the laws, and seeks 
by stealthy means to introduce the enemies of 
the country into peaceful communities, there to 
light the torch of civil war, and thus overthrow 
the power of the United States. Consjiiracies 
like these, at such a juncture, are extremely 
perilous; and lliose concerned in them are dan- 
gerous enemies to their country, and should re- 
ceive the heaviest penalties of the law, as an ex- 
ample to deter others from similar criminal con- 
duct. It is said the severity of the laws caused 
them ; but Congress was obliged to enact severe 
laws to meet the crisis ; and as our highest civil 
duty is to serve our country, when in danger, 
the late war has proved that rigorous laws, when 
necessary, will be cheerfully obeyed by a jjatri- 
otic people, struggling to preserve the rich bless- 
ings of a free government. 

The two remaining questions in this case must 
be an.'^wercd in the alRrmative. The suspension 
of the privilege of tiie writ of habeas corpus does 
not suspend the writ itself. The writ is.^ues as a 
matter of course; and on the return made to it, 
the court decides whether tiie ]>urty applying is 
denied the right of proceeding any further with 
it. 

If the military trial of Milligan was contrary 
to law, then he was entitled on the facts statea 
in his petition, to be discharged from custody by 
the terras of the act of Congress of March 3, 18G3, 



JTIDICIAL OPINIONS. 



217 



'flie provisiotia of this law having been consid- 
ered in a previous part of this opinion, we will 
not restate the viev.'s tliere presented. Milligan 
avers he was a citizen of Indiana, not in tlie mil- 
itary or naval service, and was detained in close 
coniinement, by order of the President, from the 
5th day of October, 1864, nntil the 2d day of 
Januj'.ry, 1865, wlien the circuit court for the 
district of Indiana, with a grand jury, convened 
in session at Indianapolis, and ailerwanls, on tlie 
27th day of the same month, adjourned witliout 
finding an indictment or presentment against 
him. If these averments were true, (and their 
truth is conceded for the purposes of this caoe,) 
the court was required to liberate him on taking 
certain oaths prescribed by the law, and enter- 
ing into recognizance lor his good behavior. But 
it is insisted tiiat Milligan was a [irisoner of war, 
and, therefore, excluded from the privileges of 
the statute. It is not easy to see how he can be 
treated as a prisoner of war, when he lived in 
Indiana ibr tlie past twenty years, was arrested 
there, and had not been, during the late troubles, 
a resident of any of the States in rebellion. If, 
in Indiana, he conspired with bad men to assist 
the enemy, he is punishable for it in the courts 
of Indiana; but, when tried for the offence, he 
cannot \>\e? 1 the rights of war, for he was not 
eimaiie'l i:i lejial acts of hostility against the 
(joverniuent, and only such persons, when cap- 
lured, are prisoners of war. If he cannot enjoy 
the immunities attaching to the character of a 
prisoner of war, how can he be subject to their 
pains and penalties? 

This case, as well as the kindred cases of Bowles 
ajd Horsey, were disposed of at the last term, and 
the proper orders were entered of record. There 
i**, therefore, no additional entry required. 

DISSESTING OPISION. 

Mr. Chief Justice Chase delivered the follow- 
ing ojdnion : 

Four members of the court concurring with 
their brethren in the ordei heretofore made in 
this cause, but unable to concur in some impor- 
tant particulars with the opinion which has just 
been reail, think it their duty to make a separate 
state. aent of their views of the whole case. 

We do not doubt that the circuit court for the 
district of Indiana had jurisdiction of the peti- 
tion of Milligan for the writ of habeas corpus. 

Whether this Court has jurisdiction upon the 
certificate of division admits of more question. 
The construction of the act authorizing .'^uch cer- 
tificates which has hitherto prevailed here, de- 
nies juiisdiction in cases where the certificate 
brings up the whole cause L'efore the court. But 
none of the adjudicated cases are exactly in 
point, and we are willing to resolve whatever 
doubt may exist in favor of the earliest possible 
answers to questions involving life and liberty. 
We agree, therefore, tliat (his Court may prop- 
erly answer questions certified in suck a case 
as that before us. 

The crimes with which Milligan was charged 
were of the gravest character, and the petition 
and exhibits in the record, which must here be 
taken as true, admit his guilt. But whatever 
his desert of jiunishmeut may be, it is more im- 
portant to tlie country and to every citizen that 
ne should not be punished under an illegal sen- 



tence, sanctioned by this CouTkof last resort, 
than tliat he should be punished at all. The 
laws which protect the liberties of the wliole 
people must not be violated or set a>ide in order 
to inflict even upon the guilty, unauthorized, 
though merited justice. 

The trial and sentence of Milligan were by 
military commission convened in Indiana during 
the fall of 1864. The action of the conimissioa 
had been under consideration by President Lin- 
coln for some time, when he himself became the 
victim of an abhorred conspiracy. It was ap- 
proved by his successor in May, ISC>'\ and the 
sentence was ordered to be carried into execu- 
tion. The proceedings, therefore, had the fullest 
sanction of the executive department of the Gov- 
ernment. 

This sanction requires the most respectful and 
the most careful consideration of this Court The 
sentence which it supports must not be set aside 
except upon the clearest conviction that it can- 
not be reconciled with the Constitution and the 
constitutional legislation of Congress. 

We must inquire, then, what constitutional or 
statutory provisions have relation to this mili- 
tary proceeding. 

The act of Congress of March 3d, 1863, com- 
prises all the legislation which seems to require 
consideration in this connection. The constitu- 
tionality of this act has not been questioned, and 
is not doubted. 

The first section authorized the suspension 
during the rebellion of the writ of habeas corjma 
throughout the United States by the President. 
The two next sections limited this authorit^y in 
important respects. 

The second section required that lists of all 
persons, being citizens of States in which the 
administration of the laws had continued unim- 
paired in the Federal courts, who were then held 
or might thereafter be held as jirisoners of the 
United States, under the authority of the Presi- 
dent, otherwise than as prisoners of war, should 
be furnislied to the judges of the circuit and dis- 
trict courts. The lists transmitted to the ji.dges 
were to contain the names of all persons residing 
within their resjiective jurisdictions, charged 
with violation of national law. And it was re- 
quired, in cases where the grand jury in attend- 
ance upon any of these courts should terminate 
its session without proceeding by indictment or 
otherwise against any prisoner named in the 
list, that the judge of the courtshould forthwith 
make an (U'der that such yirisoner, desiring a dis- 
charge, should be brought before him or the 
court to be discharged, on entering into recogniz- 
ance, if required, to keep the peace and for good 
behavior, or to appear, as the court may direct, 
to be further dealt with according to law. Every 
officer of the United States, having custody of 
such prisoners, was required to obey and execute 
the juuge's order, under penalty, lor refusal or 
delay, of fine and imprisonment. 

The third section provided, in case lists of per- 
sons other than prisoners of war then held in 
confinement or thereafter arrested, should not 
be furnished within twenty days after the pas- 
sage of the act. or, in cases of subsequent arrest, 
within twenty days after the time of arrest, tliat 
any citizen, after the termination of a session of 



218 



POLITICAL MANUAL. 



the grand jury witliout indictment or present- 
ment, miglit, by petilioii alleging the facts, and 
verified by oath, obtain the judge's order of dis- 
charge in favor of any person so imin-isoned, on 
the terms and conditions prescribed in the second 
section. 

It was made the duty of the district attornej- 
of tlie United States to attend examinations on 
petitions for discharge. 

It was under this act that Milligan petitioned 
the circuit court for tlie district of Indiana for 
discharge from imprisonment. 

The holding of the circuit and district courts 
of the United States in Indiana had been unin- 
terrupted. The administration of the laws in the 
Federal couits had remained unimyiaired, Milli 
aan was imprisoned under the authority of the 
President, and was not a prisoner of war No 
list of prisoners had been furnished to thejudges 
either of the district or circuit courts, as required 
by the law. A grand jury ha<l attended tlie 
circuit courts of the Indiana district while Milli- 
gan was there impvisonfd, and bad closed its ses- 
sion without finding any indictment or present- 
ment, or otherwise proceeding against the pris- 
oner. 

His case was thus brought within the precise 
letter and intent of the act of Congress, unless 
it can be said that Milligan was not imprisoned 
by authority of the President, and notliing of 
this sort was claimed in argument on the part of 
the Government. 

It is clear upon this statement that the cir- 
cuit court was bound to hear Milligan's petition 
for the writ of habeas corpus, called in the act 
an order to bring the prisoner before the judge 
or the court, and to issue the writ, or, in the lan- 
guage of the act, to make the order. 

The first question therefore — Ought the writ 
to issue? — must be answered in the affirmative. 

And it is equally clear that he was entitled 
to the discharge prayed lor. 

It must be borne in mind that the prayer of 
the petition was not for an absolute discharge, 
but to be delivered from military custody and 
imprisonment, and if found probably guilty of 
any offence, to be turned over to the proper tri- 
bunal for inquiry and punishment ; or, if not 
found thus probably guilty, to be discharged al- 
together. 

And the express terms of the act of Congress 
required this action of the court. The prisoner 
must be discharged on giving such recognizance 
as the court should require, not only for good 
behavior, but for appearance, as directed by 
the court, to answer and be further dealt witli 
according to law. 

Tlie first section of the act authorized the sus- 
pension of the writ of habeas corpus generally 
throughout the United States. The second and 
third sections limited this suspension in certain 
cases within States where the administration of 
justice by the Federal courts remained unimpair- 
ed. In these cases the writ was still to issue, and 
under it the prisoner was entitled to his discharge 
by a circuit or district judge or court, "unless held 
to bail for appearance to answer charges. No 
other judge or court could make an order of dis- 
charge under the writ. Except under the cir- 
•:amstances pointed out by the act, neither circuit 



nor district jud^e or court could make such an 
order. But under those circumstances the wiit 
must be issued, and the relief from imprisonment 
directed by the act mutt be afforded. The com- 
mands of the act were positive, and left no dis- 
cretion to court or judge. 

All affirmative answer must, therefore, be given 
to the second question, namely. Ought Milligan 
to bo disLliarged according to the praj^er of the 
petition ? 

That the third question, namclj', Had the 
military commission in Indiana, under the fact? 
stated, jurisdiction to try and sentence Milligan'!' 
must be answered negatively, is an unavoidable 
inference trom affirmative answers to the other 
two. 

The military commission could not have juris- 
diction to try and sentence Milligan, if he could 
not be detained in prison under his original ar- 
rest or under sentence, after the close of a session 
of the grand jury, without indictment or other 
proceedings against him. 

Indeed, the act seems to have been framed on 
purpose to secure the trial of all offences of citi- 
zens by civil tribunals in States where these 
tribunals were not interrupted in the regular 
exercise of their functions. 

Under it, in such States, the privilege of the 
writ might be suspended. Any person regarded 
as dangerous to the public safety might be ar- 
rested and detained until after the session of a 
grand juiy. Until after such session no person 
arrested could have the benefit of the writ, and 
even then no such person could be discharged, 
except on such terms as to future appearance as 
the court might impose. These provisions ob- 
viously contem[>lale no other trial or sentence 
than that of a civil court, and we could not as- 
sert the legality of a trial and sentence by a 
military commission, under the circumstances 
specified in the act and described in the petition, 
without disregarding the plain directions of Con- 
gress. 

We agree, therefore, that the two first ques- 
tions certified must receive affirmative answers, 
and the last a negative. We do not doubt that 
the positive provisions of the act of Congress 
require such answers. We do not think it neces- 
sary to look beyond these provisions. In them 
we find sufficient and controlling reasons for our 
conclusions. 

But the opinion which has just been read goes 
further, and, as we understand it, asserts not 
only that the military commission held in Indi- 
ana was not authorized bjf Congress, but that it 
was not in the power of Congress to authorize it, 
from which it may be thought to follow that 
Congress has no power to indemnify the officers 
who composed the commission against liability 
in civil courts for acting as members of it. 

We cannot agree to this. 

We agree in the proposition that no depart- 
m(;nt of the Government of the United States — 
neither President nor Congress nor the courts 
— possess any power not given by the Constitu- 
tion. 

We assent fully to all that is said in the opin- 
ion of the inestimable value of trial by jury and 
of the other constitutional safeguards of civil 
liberty ; and we concur also in what is said ol 



JUDICIAL OriNlONS. 



219 



the writ of habeas corpus and of its suspension, 
with two reservalions: (1.) That, in our judg- 
ment, when the writ is suspended, the Execu- 
tive is authorized to arrest as well as to detain ; 
and, (i',) that tliere are cases in which, the priv- 
ilege of the writ being suspended, trial and pun- 
ishment b}' military commission, in States where 
civil courts are open, may be authorized by Con- 
gress, as well as arrest and detention. We chink 
that Congress had power, though not exercised, 
to authorize the military commission which was 
held in Indiana. 

We do not think it necessary to discuss at largo 
the grounds of our conclusions. We will briefly 
indicate some of them. 

The Constitution itself provides for military 
government as well as for civil government ; and 
we do not understand it to be claimed that the 
civil safeguards of the Constitution have appli- 
cation in cases within the proper sphere of the 
former. 

What, then, is that proper sphere? Congress 
has power to raise and support armies; to pro- 
vide and maintain a navy ; to make rules i'or the 
government and regulation of the land and naval 
t'orcfs, and to provide for governing such part of 
the miliiia as may be in the service of the Uni- 
ted States. 

It is not denied that the power to make rules 
for the government of the army and navy is 
a power to provide for trial and ])unishment by 
military courts without a jury. It has been so 
understood and exercised from the adoption of 
the Constitution to the present time. 

Nor, in our judgment, does the fifth or any 
other amendment abridge that power. "Cases 
arising in the land and naval forces, or in the 
militia in actual service in time of war or public 
donger," are expressly excepted from the fifth 
amendment, "that no person shall be lield to 
answer for a capital or otherwise infamous crime 
unless on a presentment or indictment of a grand 
jury," and it is admitted that the excejition ap- 
])lies to the other amendments as well as to the 
tilth. 

Now we understand this exception to have the 
same import and effect as if the powers of Con- 
gress in relation to the government of the army 
and nav}' and the militia liad been recited in the 
amendment, fvnd cases within those powers had 
been expressly excepted from its o[ieration. The 
States, most jealous of encroachments upon the 
liberties of the citizen when proposing addi- 
tional safeguards in the form of amendments, 
excluded specificallj'' from their effect ca'^es aris- 
ing in the government of the land and naval 
forces. Tiius Massachusetts proposed that "no 
person Rliall be tried for any crime by which he 
would incur an infamous punishment or loss of 
life until he be first indicted by a grand jury, 
exce[it in such cases as may arise in the govern- 
ment and regulation of the land forces." The 
exception in similar amendments proposed by 
New York, Maryland, and Virginia, was in the 
pame or equivalent terms. The amendments pro- 
poseil liy the States were considered by the First 
Congress, and such as were approved in sub- 
ptano'3 were put in form, and proposed by that 
body to th(' States. Among those thus proposed, 
and subsequently ratified, was that which now 



stands as til* filth amendment of the Constitu- 
tion. Wo cannot doubt that this amendment 
was intended to have the same force and elTect 
as the amendment proposed by the States. Wo 
cannot agree to a construction which will im- 
pose on the exception in the fifth amendment a 
sense other than that obviously indicated by ac- 
tion of the State conventions. 

We think, therefore, that the power of Con- 
gress in the government of the land and naval 
forces £t7id of the militia, is not at all affected by 
the fifth or any other amendment. It is not ne- 
cessary to attem[it any precise definition of the 
boundaries of this power. But m.ay it not be 
said that government includes protection and 
defence as well as the regulation of internal ad- 
ministration? And is it impossible to imagine 
cases in which citizens conspiring or attemfiting 
the destruction or great injury of the national 
forces may be subjected by Congress to military 
trial and punishment in the just exercise of this 
undoubted constitutional power? Congress is 
but the agent of the nation, and does not the 
security of individuals against the abuse of this, 
as of every other power, depend on the intel- 
ligence and virtue of the people, on their zeal 
for public and private liberty, upon official re- 
sponsibility secured by law, and upon the fre- 
quency of elections, rather than upon doubtful 
constructions of legislative powers? 

But we do not put our opinion, that Congress 
might authorize such a military commission as 
v.'as held in Indiana, upon the power to provide 
for the government of the national forces. 

Congress has the power not only to raise and 
support and govern armies, but to declare war 
It ha'!, therefore, the power to provide by law 
for carrying on war. Tliis power necessarily 
extends to all legislation essential to the prose- 
cution of war with vigor and success, except such 
as interferes with the command of the forces and 
the conduct of campaigns. That power and iluty 
belong to the President as Commander-in-Chief. 
Both these powers are derived from the Consti- 
tution, but neither is defined by that instru- 
ment. Their extent must be determined bj' their 
nature, by the laws of nations, and by the prin- 
ciples of our institutions. 

The power to make the necessary laws is in 
Congress ; the power to execute, in the President. 
Both powers imply many subordinate and aux- 
iliary (towers. Each includes all authorities 
essential to its due exerci=e. But neither can the 
President, in war more than in peace, intrude 
upon the proper authority of Congress, nor Con- 
gress ufion the proper authority of the President. 
Both are servants of the people, whose will is 
expressed in the fundamental law. Congress 
cannot direct the conduct of campaigns, nor can 
the Pr{»:ident, or anj' commander under him, 
without the sanction of Congress, institute-tri- 
bunals for the trial and punishment of oflences, 
either of soldiers or civilians, unless in cases of 
a controlling necessity, which justifies what it 
compels, or at least ensures acts of indemnity 
from the justice of the Legislature. 

We by no means assert that Congress can es- 
tablish and apply the laws of war where no war 
has been declared or exists. 

Where peace exists the laws of peace must 



220 



POLITICAL MANUAL. 



pre\ail. What we do maintain is, that when the 
naiion is involved in war, and some jjorlions ol' 
the coiintiy are invadid, and all are exposed to 
invasion, it is within the power of Congress to 
determine in what States or districts snch great 
and iniminent public danger exists as justities 
tiie anihorization of military tribunals lor the 
trial of crimes and offences against the disci[iline 
or security of the army, or against the public 
Eaf<-ty. 

In" Indiana, for example, at the time of the 
arrc-^t of Millig;'.n and his co conspirators, it is 
established by the pa[iers in the record, that the 
Slate was a military district, was the theatre of 
militarv operations, had been actually invaded. 
and was constantly threatened with invasion. It 
appears, also, that a i>owerful secret a.ssocintion, 
composed of citizens and others, existed within 
the State, under military organization, conspiring 
against the draft, and plotting insurrection, the 
liberation of the prisoners of war at various 
depots, the seizure of the State and national ar- 
senals, armed co-operation wiih ihe enemy, and 
war against the National Government. 

We cannot doubt that, in such a time of public 
danger, Congress had power, under the Consti- 
tution, to provide for the organization of a mili- 
tary commission, and for trial by that commission 
of persons engaged in this conspiracj^. The fai^t 
that the Federal courts were open was regarded 
bv Congress as a sufficient reason for not exer- 
cising the power ; but that fact could not deprive 
Congress of the right to exercise it. Those courts 
migiit be open and undisturbed in the execution 
of their functions, and yet wholly incompetent 
to avert threatened danger, or to [)unish, with 
adequate promptitude and certainty, the guilty 
conspirators. 

In Indiana the judges and officers of the courts 
were l()3'al to the Government. But it miglit 
have been otherwise In times of rebellion and 
civil war it may often happen, indeed, that 
judges and marshals will be in active S3'mpathy 
with the rebels, and courts their most efficient 
allies. 

We have confined ourselves to the question of 
power. It was for Congress to determine the 
question of expediencv. And Congress did di^- 
tennine it. '1 hat body di 1 not see lit to authorize 
trials by military commission in Indiana, but by 
the strongest implication prohibited them. W' itli 
tiiat jirohibition we are satisfied, and should have 
remained silent if the answers to the questions 
certified iiad been yiut on that ground, without 
denial of the existence of a power which we 
believe to be constitutional and important to the 
public safety — a denial which, as we have already 
suggested, seems to draw in question the power 
of Congress to protect from prosecution the mem- 
bers of military commissions who acted in obedi- 
ence to their superior officers, and whose action, 
whether warranted by law or not, was ap[iroved 
by that u[irigiit and ])atriotic President under 
whose adminisiration the Republic was rescued 
from ihreatenod destruction. 

We have thus far said little of martial law, 
nor do we propose to say much. What we have 
already said sufficiently indicates our opinion 
th;it there is no law for the government of the 
citizens, the armies, or the navy of the United 



States, within American jurisdiction, which is 
not contained in or derived from the Constitu- 
tion. And wiierever our army or navy may go, 
beyond our territorial limits, neither can go 
beyond the authority of the President or the 
legislation of Congress, 

There are under the Constitution three kinds 
of military jurisdiction — one to be exercised both 
in peace and war; another lo be exercised in 
time of foreign war without the boundaries of 
the United St.ates, or in time of rebellion and 
civil war witiiin States or districts occupied by 
rebels treated as belligerents; and a third to be 
exercised in time of invasion or insurrection 
within the limits of the United States, or during 
rebellion within the limits of States maintaining 
adhesion to the National Government, wlien the 
public danger requires its exercise. The first 
of the-^e may be called jurisdiction under mili- 
tary LAW, and is found in acts of Congress pre- 
scribing rules and articles of war, or olherwiso 
providing for the government of the national 
t'orces ; the second may be distinguished as mili- 
tary GOVERNMENT, superseding, as far as may 
be deemed ex[>edient, the local law, and exercised 
by the military commander under the direction 
of the President, with the express or implied 
sanction of Congress; while tiie third may be 
denominated martial law proper, and is called 
into action by Congress, or temporarily, when 
the action of Congress cannot be invited, and in 
the case of justifying or excusing peril, by the 
President, in times of insurrection or invai^ion, 
or of civil or foreign war, within distriits or 
localities where ordinary law no longer adequate- 
ly secures y)ublic suiety and private rights. 

We think that the power of Congress, in suf^h 
times and in such localities, to authorize trials 
for crimes against the security and safety of the 
national forces, may be derived from its consti- 
tutional authority to raise and support armies 
and to declare war, if not from its constitutional 
authority to provide for governing the national 
forces. 

We have no apprehension that this power, un- 
der our American system of government, in 
which all ofiicial authority is derived from the 
peo|ile, and exercised under direct responsibility 
to the people, is more likely to be abused than 
the power to regulate commerce or tlie power to 
borrow money. And we are unwilling to give 
oui" assent iiy silence to expressions of ojiinion 
which seem to us calculated, though not intended, 
to crip'ple the constitutional powers of the Gov- 
ernment, and to augment the public dangers in 
times of invasion and rebellion. 

Mr Justice Wayne, Mr. Justice Swayne, and 
Mr. Justice Miller concur with me in these views. 

On the Missouri Constitutional Test Oath of Loy- 
alty, January 14, 1867. 

Mr Justice Field delivered the opinion of the 
Court in the case of John A. Cummings vs. I'he 
State of JUissouri. 

This case comes before us on a writ of error to 
the su[)reme court of Missouri, and involves a 
consideration of the test oath imposed by the 
constitution of that State. The plaintiff in error 
is a priest of the Roman Catholic Cliurch, and 
was indicted and convicted, in one of the circuit 



JUDICIAL OPINIONS. 



-Jl 



courts of tliat State, of the crime of teacliing and 
preaoliitig, as a priest and minister of that relig- 
ious denomination, wilhout having first taken 
the oath, and was sentenced to ]iay a fine of $500, 
and to be committed to jaii until the same was 
paid. On appeal to the supreme court of the 
State, the iudg.-nent was atiirmod. 

The oath prescribed by the constitution, di- 
vided into its se[)arable parts embraces more 
than tliirty distint-t atiirmalions or tests. iSome 
of the acts against which it is directed constitute 
offences of the highest grade, to which, upon 
conviction, heavy penalties are attached. Some 
of the acts have never been classed as offences 
in the laws of any State, and some of the acts 
under many circumstances would not even be 
blameworthy. It requires the affiant to deny 
aot only that he has ever been in armed hostil- 
ity to the United States or the lawful authori- 
iies thereof, but, among other things, that he 
has ever, " by act or word," manifested his adhe- 
rence to tlie cause of the enemies of the United 
States, foreign or domestic, or his desire for their 
triumjih over the arms of the United States, or 
his sympathy with those engaged in rebellion, 
or that he has ever harbored or aided any per- 
son engaged in gueri ilia warfare against the loj'al 
inhabitants of the United States, or has ever en- 
tered or left tlie State lor the piir|iose of avoid- 
ing enrollment or draft in the military service 
of the United States, or to escape the perform- 
ance of dut}' in the militia of the United States, 
or has ever indicated in any terms his disaffection 
to the Government of the United States in its 
contest with rebellion. 

Every person who is unable to take this oath 
is declared incapaljle of holding in the State 
"any office of honor, trust, or profit under its 
authority, or of being an officer, counselor, di- 
rector, or trustee, or other manager of any incor- 
poration, public or private, now e.xisting or liere- 
alter established by its authority, or of acting as 
a professor or teacher in any educational institu 
tion, or in any common or other school, or of 
holding any real estate or other property in trust 
for the use of any church, religious society, or 
congregation." And every person holding any 
of the offices, trusts, or [lositions mentioned, at 
the time the constitution takes effect, is re- 
quired within si.xty days thereafter to take the 
oath, and if he fail to comply with this require- 
ment, it is declared that his office, trust, or posi- 
tion shall ipso facto become vacant. And no 
person alter the expiration of the sixty days is 
permitted, without taking the oath, " to practice 
as an attorney or counselor at law, nor, after 
that period, can any person he competent as a 
bishop, priest, deacon, minister, elder, or other 
clergyman of any religious persuasion, sect, or 
denomination, to teach or preach or solemnize 
marriage." Fine and imprisonment are prescribed 
as a punishment for holding or exercising any of 
the offices, positions, trusts, professions or func- 
tions specified without having taken the oath, 
and false swearing or affirmation to the oath is 
declared to be perjury, and punishable by im- 
prisonment in the penitentiary. 

The oath thus required is without any prece- 
dent that we can discover for its severity. In 
thi first place, it is retrospective. It embraces 



all the past from this day, and if taken yeara 
hence, it will also cover all the interviiiiiig pe- 
riod. In its retrospective feature, it is [leculiar 
to this country. In England and France there 
have been test oaths, but tliey have always been 
limited to an affirmation of present belief or 
present disposition towards the Government, and 
were never exacted with reference to particular 
instances of past misconduct. In the second 
yilace, the oath is directed not merely against 
overt and visible acts of hostility to the Govern- 
ment, but is intended to reach words, desires, 
and symjiathies also; and, in the third plate, it 
allows no distinction between acts springing from 
malignant enmity and acts which may have been 
prompted by charity or affection or relationship. 
If one has ever expressed sympathy with any who 
were drawn into the rebellion, even if the re- 
cipients of that sym[iatliy were connected by the 
closest ties of blood, he is as unable to subscribe 
to the oath as the most active and most cruel of 
rebels, and is equally debarred from the offices 
of honor and trust and tlie positions and employ- 
ments specified. 

But, as it was observed by the learned coun- 
sel who appeared on behalf of the State of Mis- 
souri, this Couit cannot decide this case upon the 
justice or hardship of these provisions, its duty 
IS to determine whether they are in conflict with 
the Constitution of the United States. On be- 
half of Missouri, it is urged that these provisions 
only prescribe a qualification for holding certain 
offices and practicing certain callings, and are 
therefore within the power of the State to adopt. 
On the other hand, it is contended that these 
provisions are in conflict with that clause of the 
Constitution which forliids any State to pass a 
bill of attainder or ex post facto law. 

We admit the propositions of the counsel for 
Missouri, that the States which existed previous 
to the adoption of the Federal Constitution jios- 
sessed originally all the attributes of' sovereignty ; 
that they still retain those attributes, except as 
thev have been surrendered by the formation of 
the Constitution ami the amendments thereto; 
that the new States, upon their admission into 
the Union, became invested with equal rights, 
and were thereafter subject only to similar re- 
strictions; and that among the rights reserved 
to the States is the right of each State to deter- 
mine the qualifications for office, and the con- 
ditions upon which its citizens may exercise 
their various callings and fiursuits within its 
jurisdiction. These are general propositions, 
and involve principles of the highest moment. 
But it by no means follows that under the form 
of creating a qualificatioq or attaching a condi- 
tion, the States can in effect inflict a punishment 
for a past act which was not punishable at the 
time it was committed. The question is not as 
to the existence of the power of the State over 
matters of internal police, but whether that 
power has been made in the present case an in- 
strument for the infliction of punishment against 
the inliibition of the Constitution. 

Qualifications relate to the fitness or capacity 
of the party for a particular pursuit or profession. 
Webster defines the term to mean "any natural 
endowment or any acquirement which fits a 
person for a place, office, or employment, or 



222 



POLITICAL MANUAL. 



enables him to sustain any character with suc- 
cess." It is evident from the nature of the pur- 
euits and professions of the parties phiced under 
disabilities by the constitution of ftlissouri, that 
the acts from the taint of which they must purge 
themselves have no possible relation to their fit- 
ness for those pursuits and professions. There 
can be no connection between the fatt that Mr. 
Cumiuings entered or left the State of Missouri 
to avoid enrollment or draft iii the military ser- 
vice of the United States, and his fitness to teach 
the doctrines or administer the sacraments of 
his church. Nor can a fact of this kind, or the 
ex])ression of words of sympathj' with persons 
drawn into the rebellion, constitute any evidence 
of the untltne«!S of the attorney or counselor to 
piat-'tice his profession, or of the professor to 
teach liie ordinary branches of education, or of 
the want of business knowledge or business 
capacity in the manager of a corporation, or in 
its directors or trustees. It is manifest, u|)on the 
simple statement of the acts and the professions 
and pursuits, tiiat there is no such relation be- 
tween them as to render a denial of the commis- 
sion of the acts at all appropriate as a condition 
of allowing the exercise of the professions and 
pursuits. The oath could not, therefore, have 
been required as a means of ascertaining whether 
parlies were qualified or not for their res])ective 
callings or the trusts with which they are 
charged. It was required in order to reach the 
person, not the calling. It was exacted not 
from any notion that ttie acts designated indi- 
cated unfitness for the calling, but because the 
acts were thought to deserve punishment, and 
there was no way to punish the persons who 
liad committed them but by depriving them of 
some of tiie rights and privileges of the citizen. 

The disabilities created by the constitution of 
Missouri must be regarded as penalties They 
constitute punishment. We do not agree with 
the counsel of Missouri that " to punish one is to 
dejirive him of life, liberty, or property, and that 
to lake from him anything less than these is no 
punishment at all." The learned counsel does 
not use these terms, " life, liberty, and jiroperty," 
as comprehending every right known to the law. 
He does not include under " liberty " freedom 
from outrage on the feelings as well as restraints 
on the person. He does not include under 
" propert}' " those estates which one may acquire 
in professions, though they are often the source 
of the highest emoluments and honors. 

The de[)rivation of any rights, civil or politi- 
cal, may be punishment, the circumstances at- 
tending and the causes of deprivation determin- 
ing this fact. Disqualification from office may 
be punishment, as in cases of conviction upon 
irnyieachment. Disqualification from the pursuit 
of a lawful avocation, or from positions of trust, 
or from the privilege of aj'ipearing in the courts, 
or acting as executor administrator, or guardian, 
may alsu, and often has been, imposed as pun- 
ishment. By the statute of 9 and 10 William 
III, if any person educated in or having raa<le 
a profession of the Christian religion did, by 
writing, j^rinting, teaching or advised speaking, 
deny llie truth of the religion or the Divine au- 
thority of the Scriptures, he was for the first 
offence rendered incapable to hold any vlUce or 



place of trust, and for the second he was rendered 
incapable of bringing any action, being guardian, 
executor, legatee, or purchaser of lands, besido 
being subjected to imprisonment without bail. 
By statute 2 George I, contempts againsv. tho 
king's title were punished by incaj>acity to hold 
a public office or place of trust, to prosecute any 
suit, to be guardian or executor, to take any leg- 
acy or deed of gift, and to vote at any election 
for members of Parliament, and also by forfeiture 
of £500 to any one who would sue for the same. 

" Some punishments," says Blackstone, "con- 
sist in exile or banishment, by abjuration of the 
realm or transportation : others in loss of liberty, 
by perpetual or temporary irnyirisonment Some 
extend to confiscation by forfeiture of lands or 
movables, or both, or of the profits of lands for 
life. Others induce a disabihty of holding office 
or employments, being heirs and executors, and 
the like." Among the Romans, loss of the priv- 
ilege of membersiiip of the family or of citizen- 
ship were punishments inflicted by her laws. In 
France, deprivation or suspension of civil rights, 
or of some of them, are punishments prescribed 
by her code, and among civil rights are included 
the right of voting, of eligibility to oilice, of 
taking part in family councils, of being guardian 
and trustee, of bearing arms, or being employed 
in a school or seminary of learning. 

The theory upon which our political institu- 
tions rest is, that all men have certain inaliena- 
ble rights; that among these are life, liberty, 
and the pursuit of happiness ; and that in the 
pursuit of happiness, all avocations, all honors, 
all positions, are alike open to every one, and 
that in the protection of thesd rights all are 
equal beforo the law. Any deprivation or sus- 
pension of any of these rights for past conduct 
or acts is punishment, and can in no otherwise 
be defined. 

Punishment not being therefore restricted, as 
contended by counsel, to the deprivation of life, 
liberty, or property, but also embracing deyiri- 
vation or suspension of political or civil rights, 
and the disabilities prescribed by the provisions 
of the Missouri constitution being in etl'ect pun- 
ishment, we proceed to consider wiiether there is 
any inhibition in the Constitution of the United 
States against their enforcement. 

The counsel from Missouri closed his argument 
in this case by presenting a striking picture of 
the struggle for ascendency in that State during 
the recent rebellion between the friends and the 
enemies of the Union, and of the fierce passions 
wliich that struggle aroused. It was in the midst 
of the struggle that the present constitution wm 
framed, although it was not adopted by tlie peo- 
ple until the war had ceased. It would have 
been strange, therefore, had it not exhihiled in 
its provisions some traces of the excitement amid 
which tlie convention held its deliberations. It 
was against the excited action of the States, 
under such influences as these, that the framers 
of the Federal Constitution intended to guard. 
In Fletcher us Peck, Mr. Chief Justice Marshall, 
speaking of such action, uses tliis language: 

" \Vliafcv(!r respect might liiivo been Colt lor tlie Slate sov- 
ereiRiitiep, it is nut to l>o (lis£;iiisi'd tli.it tlie fV:inicrH of tlio 
Conslitiitiim viewed, witli Bome iippri'iieiision. the violent 
nets wliiili nii^lit grow (Hit of the j'celii'rs of the nuiiuciit ; 
and that tho people of the United blatos, in adopt iug th.il 



JUDICIAL OPINIONS. 



Instrument, have manifestcfl a flptprmination to shield tliem- ' 
Bulves Jiiiti lliuir prupeity frmii tlio i-ffm^tH of tlioBe KniJclcii 
and stioii)! piis-giDtis to « liicli men aru exjiostd. Thn restric- 
tions on tlid lejiijlative power of the Slates are obTiously 
luiiided in tliis sentiment; and the ( (institution of tlie 
fJnited States oontains wliat may bo deemed u bill of righw 
for the people of each t^tato : | 

"' No t^tate shall pass any bill of attainder, ex post facto 
law, or law imiiaiiing the ohlisation of contracts.'" I 

A bill of attainder is a legislative act which ' 
inllicts punishment without a judicial trial. II' 
the punishment be leas than death the act i.s 
termed a bill of pains and penalties. Within 
the meaning of the Constitution bills of attain- 
der include bills of jiains and penalties. In these 
cases the legislative body, in addition to its le- 
gitimate functions, exercises the powers and of- 
fice of j udge. It assumes, in the language of the 
text books, judicial rnagistrac}'. It pronounces 
upon the guilt of the parties without any of the 
forms or safeguards of trial. It determines the 
sufficiency of the proofs produced, whether con- 
formable to the rules of evidence or otherwise. 
It fixes the degree of punisiiment in accordance 
with its own notion of the enormity of the of- 
fence. " Bills of this sort," says Mr. Justice 
Story, " have been usually passed in England in 
times of rebellion, or gross subserviency to tbe 
crown, or of violent political excitement — peri- 
ods in which all nations are most liable, as well 
the free as the enslaved, to forget their duties 
and trample upon the rights and liberties of 
others." 

These bills are generally directed against in- 
dividuals by name, but they may be directed 
against a whole class. The bill against the 
Earl of Kildare, passed in the reign of Henry 
VIII, enacted " that all such persons which be 
or heretofore have been comforters, abettors, 
partakers, confederates or adherenis of the said 
late Earl in his or their false and traitorous acts 
and purposes shall in likewise stand, be attainted, 
adjudged and convicted of high treason, and that 
the same attainder, judgment and conviction 
against tlie said comforters, aider'^. abettors, un- 
iertakers, confederates, and adiiients shall be 
as strong and effectual in the 1 > -v against them 
and every one of them as thoii:.' i ihey and every 
one of tlietn had l^een specially . singularly, and 
particularly named by their proper names in the 
said act." 

Tliese bills may inflict punishment absolutely 
or may inllict it conditionally. The bill against 
the Earl of Clarenilon, passed in the reign of 
Charles II, enacted tiiat the Earl should suffer 
perpetual exile and be lorever banished from the 
realm, and that if he returned or was found in 
England, or in any other of the king's domin- 
ions after the fir t of February, l('>(i7, he should 
Buffer the pains and penalties of treason, with a 
proviso, however, that if he surrendered himself 
Defore the said first day of February for trial, 
the penalties and disabilities declared should bo 
void and of no effect. 

" A British act of Parliament," to cite the lan- 
guage of the supreme court of Kentucky, "might 
declare that if certain individuals failed to do a 
given act by a named day they should be dt-emed 
to be and treated as convicted felons and trai- 
tors, and the act would come precisely within 
the definition of a bill of attainder, and the Eng- 
lish courts would enforce it without indictment 



or trial by jury." If the clause? of tlie third 
article of the constitution of Missouri, to which 
we have referred, had in terms declareii that 
Mr. Cummings was guilty, or should be held 
guilty, of havin^g been in armed hostility to 
the United States, or of having entered that 

I State to avoid being enrolled or drafted into the 

' military service, and thereaiier sliould be de- 
prived of the right to preach as a priest of the 
Catholic Church or to teach in any institution of 
learning, there would be no (piesiion but tliat 
the clauses would constitute a bill of attainder 

■ within the meaning of tiie Federal Constitution. 

i If these clauses, instead of mentioning Ins name, 
had declared that priests and clergymen within 
the State of Missouri were guilty of these acts, 
or should be held guilty oi them, and lience 
should be subjected to the like deprivation, the 
clauses would be equally o[ien to objection. 
And further, if these clauses had declared that 
all such priests and clergymen should be held 
guilty, and be thus deprived, provided they did 
not by a day designated do certain specified acts, 
they would be no less within the inhibition of 
the Federal Constitution. 

i In all these cases there would be the legisla- 
tive enactment creating the deprivation, without 
any of the ordinary forms and guards provided 
for the security of the citizen in the administra- 

, tion of justice by the established tril'unals. 

The results which would follow from clauses 
of the character mentioned do follow from the 
clauses actually adopted. The difference between 
the last case supposed and tlie case actually [ire- 
sented is one of form only, and not of substance. 
The existing clauses presume the guilt of the 
yiriests and clergymen, and adjudge the depri- 
vation of their right to preach or teach unless 
the presumption be first removed by their ex[)ur- 
gatory oath. In other words, they assume the 
guilt and adjudge the punishment conditionally. 
The clauses supposed differ only in that they de- 
clare the guilt, instead of assuming it. The 
deprivation is effected with equal certainty in 
the latter case as it would be in the former, but 
not with equal directness. Tlie purpose o the 
law inakerin the case supposed would be openly 
avowed; in the case existing it is only disguised. 
The legal result must be the same, for what can- 
not be done directly cannot be done indirectly. 
The Constitution deals with sul'Stance, not sliad- 
ows. Its inhibition was levehid at the thing, 
not the name. It intended that the risihts of 
the citizen should be secured against defiriva- 
tion for past conduct by legislative enactment, 
however disguise I. If the inhibition can be 
avoided by the form of the enactment, its inser- 
tion in the fundamental law was a vain and 
fntile proceeding. 

We proceed to consider the second clause of 
what Mr. Chief Justice Marshall terms "a bill 
of rights for the people of e.ach Slate," the clause 
which inhibits the passage of an ex post facto law. 
By an ex post facto law is meant one which im- 
poses a punishment for an act which was not 
punisliable at the time it was committed, or im- 
poses additional punishment to that ti;en pro- 
scribed, or changes the rules of evidence, by 
which less or ilifferent testimony is required to 
convict than was then exacted. In Fletcher vi. 



224 



POLITIOAL MANUAL. 



Peck, Mr. Cliipf Justice Marshall defined an tx 
post /'rtc^o law to be " one wliicli makes an act 
punisliable in a manner in wliicli it was not pun- 
ishable when it was committed." " ."^uch alaw," 
said that eminent judge, " niaj- inflict penalties 
on the persoti, or may inflict pecuniary ponaiiies 
which swell tlie public treasury. The legisla- 
ture is, tlien, proltibiled frotu passing a law by 
which a man's estate, or any fiart of it, shall be 
Beized lor a crime wliich was not declared by some 
previous law to render liim lialde to tbat punish- 
ment. Why, then, should violence be done to 
the natural meaning of the words for the pur- 
po.<e of leaving to tiie Legislature the power of 
seizing for public use the estate of an individual 
in the form of a law annulling the title by which 
he holds the estate? The '"oiirt can perceive no 
euflicient grounds for making this distinction. 
The rescinding act would have the effect of an ex 
post facto law. It forfeits the estate of Fletclier 
for a crime not committed by hirnscdf, but by 
those I'rom whom he purchased. This could not 
be effected iu the form of an rx po^t facto law 
or bill of attainder. Why, then, is it allowable 
in the i'orm of a law annulling the original grant? 
The act to which refeience is jiere made was 
one passed by the ^tate of Georgia repealing a 
previous act under which land had been granted. 
The repealing act, divesting tlie title of the 
grantees, did not in terms define any crimes or 
inflict an}' punishment or direct any judicia! pro- 
ceedings; yet, inasmuch as tlie Legislature was 
forbidden from passing any law by which a man's 
estate could be seized for a crime wbicli was not 
declared Ijv some previous law to rtmder him ; 
liable to tliat punisiiment, tlie Cliief Justice was [ 
of ofiinion tliat tlie repealing act bad the effect j 
of an ex pnxt facto law, and was within the con- 
stitutional inhibition. 

Kow, the clauses in the Missouri constitution ! 
which are the suhjecc of consideration do not in 
terms define anj' crime or declare tliat any pnn- 
ishmi-nt shall be inflicted, but they produce the 
same result upon the j>arties against wliorii they 
are directed as though the crimes were defined 
and tlie j'unishment declared, '^lliej' assume 
that there are persons in Missouri who are guilty 
of some of the acts designated. They would 
have no meaning in the constitution were not 
such the fact. Tbey are aimed at past acts, and 
not future facts. They were intended to operate 
upon parties who, in spme form or manner, liy 
action or words, directly or indirectly, had aided 
or countenanced the rebellion, or sympathized 
with parties engaged in the rebellion, or had en- 
deavored to esca[)e the proper responsibilities and 
duties of a citizen in time of war. And they 
were intended to operate by depriving. such per- 
sons of the right to hold certain ofllices and trusts, 
and to pursue their ordinary and regular avoca- 
tions. This dejirivation is punishnieut ; nor is 
it any less so because a way is o[iened for escape 
from it by the expurgatory oath. The frameis 
of the constitution of Missouri knew at the time 
that whole classes of individuals would be unable 
to take the oath prescribed. To them there is no 
escape provided. To them the deprivation was 
intended to be and is absolute and perpetual. To 
make the enjoyment of a right dependent upon 
an impo.s.sible condition is equivalent to an ab- 



solute denial of the right under any condition, 
and such denial enforced for a pistact is noth- 
ing else than jtunishment imjiosed for that act; 
it is a misapplication of terms to call it anything 
else. 

Now, some ot the acts to which the expurga- 
tory oath 1? directed were not oifences at the 
time they were committed. It was no oll'euce 
against any law to enter or leave the State of 
Missouri for the purpose of avoiding enroll- 
ment or draft in the military service, however 
much the evasion of such service might be the 
subject of moral censure. Clauses which pre- 
scribe a penalty for an act of this nature are 
within the terms of the definition of an ex jiost 
Jiicto law. They imyiose a |iuuishinent for an 
act not punishable at the time it w.as comniiLied. 
, Some of the acts at which the oath is dir.'Cted 
! constituted high offences at the time they vi^ere 
' committed, to which, upon conviction, tine and 
, imprisonment or other heavy penalties were at- 
tached. The clauses which provide a further 
j penalty for these acts are also within the defini- 
tion of an ex post facto law. Theyimiiose addi- 
tional punishment to tliat prescribed when tl)e 
'• act was committed. And this is not all. The 
clauses in question subvert the jiresunrptions of 
I innocence and alter the rules of evidence which 
! heretofore, under the universally recoguu'.ed 
i principles of the common law, have been sup- 
I posed to be fundamental and unchangeable. 
I They assume that the parties are guilty; they 
call upon the parties to show their innocence, 
and they declare that such innocence can be 
shown only in one way, by an inquisiuun in the 
form of an expurgatory oath into the consciences 
of the parlies. 

The objectionable character of these clauses 
will be more ap[iarent if we put them iu the 
ordinary form of a legislative act. Tlius, if in- 
stead of the general provisions in the Constitu- 
tion, the convention had provided as lolUnvs: 
" Be it enacted, that all persons who have been 
in armed hostility to the United States shall, 
upon conviction thereof, not only be iiunished as 
the laws firovided at the time the ofiences were 
committed, but shall also be thereafter n-ndered 
incapable of hohling any of the offices, trusts, 
and positions, and of exercising any of the pur- 
suits mentioned in the third article of the con- 
stitution of Missouri," no one could have any 
doubt of the nature of the act. It would be an 
ex post facto law, and void, for it would aihl a 
new punishment to an old offence. So, too, if 
the convention had passed an enactment of a 
similar kind with reference to those acts which 
do not constitute offences. Thus, had it provided 
as follows : " Be it enacted, that all persons who 
have heretofore at any time entered or left the 
State of Missouri with intent to avoid enrollment 
or draft in th.e military service of the United 
States, shall, upon con\'iction thereof, be forever 
rendered incapable of hohling any office of honor, 
trust, or profit in the United States, or of teach- 
ing in any seminary of learning, or of preaching 
as a minister of the Gosjiel of any denomination, 
or exercising any of the professions or pursuits 
mentioned in the third article of the Constitu- 
tion," there would be no question of the char- 
acter of the enactment. It would be an ex 2>os' 



JUDICIAL OPINIONS. 



225 



fado b.w, because it would impose a punish- 
ment for an act not punishable at the time it was 
committed. 

The provisions of the constitution of Missouri 
accomplish precisely what enactments like those 
supposed would accomplish. Tliej^ impose the 
Bamo penalty without the formality of a judicial 
trial and conviction, for the parties embraced by 
the supposed enactments would be incapable of 
taking the oath prescribed. To them its require- 
ments would be an impossible condition. Now, 
as the State, had she attempted the course sup- 
posed, would have failed, it must follow that any 
other mode producing the same result must 
equally fail. The provisions of the Federal Con- 
stitution intended to secure the liberty of the 
citizen cannot be evaded by the form in which 
the power of the State is exerted. If this be 
not so, if that which cannot be accomplished by 
means looking directlj' to the end can be accom- 
plislied by indirect means, the inhibition may be 
evaded at pleasure. No kind of oppression can 
be named against which the framers of the Con- 
stitution supposed they had guarded, which may 
not be effected. Take the case supposed by 
counsel, that of a man tried for treason and 
acquitted, or, if convicted, pardoned. 

The legislature then may pass an act that if the 
person thus acquitted or pardoned does not take 
an oath that he never has committed the acts 
charged against him, he shall not be permitted 
to hold any office of honor or trust or profit, or 
pursue any avocation in the State. Take the case 
before us ; The constitution of Missouri excludes, 
on failure to take the oath we have described, a 
large class of persons within her borders from 
numerous offices and pursuits. It would have 
been equally within the power of the State to 
have extended the exclusion so as to deprive the 
parties who were unable to take the oath from 
any avocations whatever in the State. Suppose, 
again, in the progress of events, persons now in 
the minority in the State should obtain the as- 
cendency, and secure the control of the Govern- 
ment; nothing could prevent, if the constitu- 
tional prohibition can be evaded, the enactment 
of a provision requiring every person, as a con- 
dition of holding any office of honor or trust, 
or of pursuing any avocation in the State, to 
take an oath that he had never advocated or 
advised or supported the imposition of the present 
expurgatory oath. Under this form of legislation 
the most flagrant invasions of private rights in 
periods of excitement may be enacted, and indi- 
viduals, and even whole classes, may be deprived 
of political and civil rights. 

A question arose in New York, soon after the 
treaty of peace of 1783, upon a statute of that 
State, which involved a discussion of the nature 
and character of these expurgatory oaths when 
used as a means of inflicting punishment. The 
subject was regarded as so important, and the 
requirement of the oath such a violation of the 
fundamental principles of civil liberty and the 
rights of the citizen, that it engaged the attention 
of eminent lawyers and distinguished statesmen 
of the time, and among others, of Alexander Ham- 
ilton. We will cite some passages of a paper left 
by him on the subject, in which, with his char- 
acteristic fullness and ability, he examines the 
15 



oath and demonstrates that it is not only a mode 
of inflicting punisViment, but a mode in violation 
of all the constitutional guaranties secured Ijy the 
Revolution of the rights and liberties of the peo- 
ple: 

" If we examine it," (the measure requiring 
the oath,) said this great lawyer, "with an un- 
prejudiced eye, we must acknowledge not only 
that it was an evasion of the treaty, but a sub- 
version of one great principle of social security, 
to wit, that every man shall be presumed inno- 
cent until he is proved guilty. This was to in- 
vert the order of things, and instead of obliging 
the State to prove the guilt in order to inflict the 
penalty, it was to oblige the citizen to show his 
own innocence to avoid the penalty. It was to 
excite scruples iu the honest and conscientious, 
and to hold out a bribe to perjury." * * * 
" It was a mode of inquiring who had committed 
any of those crimes to which tha penalty of dis- 
qualification was annexed, with this aggrava- 
tion, that it deprived the citizen of the benefit 
of that advantage which he would have enjoyed 
by leaving, as in all other cases, the burden of 
proof upon the prosecution. To place this mat- 
ter in a still clearer light, let it be supposed that 
instead of the mode of indictment and trial by 
jury, the Legislature was to declare that every 
citizen who did not swear that he had never ad- 
hered to the King of Great Britain should incur 
all the penalties which our treason laws pre- 
scribe, v/ould this not be a palpable evasion of 
the treaty, and a direct infringement of the Con- 
stitution ? The principle is the same in both 
cases, with only this difference in the conse- 
quences, that in the instance already acted upon 
the citizen forfeits a part of his rights, in the 
one supposed, he would forfeit the whole. The 
degree of punishment is all that distinguishes 
the cases. In either, justly considered, it is sub- 
stituting a new and arbitrary mode of prosecu- 
tion for that ancient and highly esteemed one 
recognized by the laws and the constitution of 
the State — I mean the trial by jury. 

" Let us not forget that the constitution de- 
clares that trial by jury in all cases in which it 
has been formerly used should remain inviolate 
forever, and that the legislature should at no 
time erect any new jurisdiction which should 
not proceed according to the course of the com- 
mon law. Nothing can be more repugnant to 
the true genius of the common law than such an 
inquisition as has been mentioned into the con- 
sciences of men." * * * "If any oath with 
respect to past conduct had been made the con- 
dition on which individuals who have resided 
within the British lines should hold their estates, 
we should immediately see that this proceeding 
would be tyrannical and a violation of the 
treaty ; and yet, when the same oath is em- 
ployed to divest that right which ought to be 
deemed still more sacred, many of us are so in- 
fatuated as to overlook the mischief. 

" To say that the persons who will be affected 
by it have i:tf'eviously forfeited their right, and 
that therefore nothing is taken away from them 
is a begging of the question. IIow do we know 
who are the parties in this situation ? If it be 
answered this is the mode taken to ascertain it, 
the objection returns, it is an improper mode, 



22G 



POLITICAL MANUAL. 



because it puts the most essential interests »f 
the citizen upon a worse footing than we should 
be willing to tolerate where inferior iaterests 
are concerned, and because, if allowed, it sub- 
etitutes for tlie established and legal mode of 
investigating crimes, and inflicting forfeitures 
one tiiat is unknown to the constitution and re- 
pugnant to the genius of our law." 

Similar views have frequently been expressed 
by the judiciary in cases involving analogous 
questions. They are presented with great force in 
the matter of Dorsty, (7 Porter,) but we do not 
deem it necessary to pursue the subject further. 
The judgment of the supreme court of Missouri 
must be reversed and the cause remanded, with 
directions to enter a judgment reversing the 
judgment of the circuit court, and directing that 
court to discharge the defendant i'rom imprison- 
ment and sutler him to depart without day, and 
it is so ordered. 

On the Test Oath of Lawyers, Jan. 14, 1867. 

Mr. Justice Field delivered the opinion of the 
Court : 

I am also instructed by the Court to deliver 
its opinion in the matter of the petition of A. 
H. Garland. 

On the 2d of July, 1862, Congress passed an 
act prescribing an oath to be taken by every 
person elected or appointed to any office of honor 
or profit under the Government of the United 
States, either in the civil, military, or naval de- 
partments of the public service, except the Pres- 
ident of the United States, before entering upon 
the duties of his office, and belore being entitled 
to its salary or other emoluments. On the 2-lth 
of January, 1865, Congress passed a supplement- 
aiy act, extending its provisions so as to embrace 
attorneys and counselors of the courts of the 
United States, which provides that after its pas- 
sage no person shall be admitted as an attorney 
cr counselor to the bar of the Supreme Court, 
and, after the 4th of March, 1865, to the bar of 
any circuit or district court of the United State.s, 
or of the Court of Claims, or be allowed to ap- 
pear and be heard by virtue of any previous 
admission or any special power of attorney ; un- 
less he shall have first taken and subscribed the 
oath prescribed in the act of July 2, 1862. The 
act also provides that the oath shall be preserved 
among the files of the court ; and if any person 
take it falseh', he shall be guilty of perjury, and, 
upon conviction, shall be subject to the p)ains 
and penalties of that offence. 

At the December term of 1860, the petitioner 
was admitted as an attorney and counselor of 
this Court, and took and subscribed the oath then 
required. By the second rule, as it then existed, 
it was only requisite to the admission of attor- 
neys and counselors of this Court that they 
Bhould have been such officers for the three pre- 
vious years in the highest courts of the States to 
which they respectively belonged, and that their 
private and professional character should appear 
to be fair. In March, 1865, this rule was changed 
by the addition of a clause* requiring the admin- 



istration of an oath, in conformity witlt the act 
of Congress. 

In May, 1861, the State of Arkansas, of which 
the p>etitioner was a citizen, passed an ordinance 
of secession which purported to withdraw the 
State from the Union, and afterwards, in the 
same year, by another ordinance, attached her- 
self to the so-called Confederate States, and by 
act of the Congress of that Confedency she was 
received as one of its members. The petitioner 
followed the State and was one of her represent- 
atives, first in the lower House, and afterwards 
in the Senate, of the Congress of that Confed- 
eracy, and was a member of the Senate at the 
time of the surrender of the Confederate forces 
to the armies of the United States. 

In July, 1865, he received from the President 
of the United States a full pardon for all offences 
committed by him by participation, direct or im- 
plied, in the rebellion. He now produces this 
pardon, and asks permission to continue to prac- 
tice as an attorney and counselor of the court, 
without taking the oath required by the act of 
January 24, 1865, and the rule of this court, 
which he is unable to take by reason of the offi- 
ces he held under the Confederate government. 

He rests his application principally upon tv.'0 
grounds : First, that the act of January 24, 
1865, so far as it affects his status in the court, 
is unconstitutional and void ; second, that if the 
act be unconstitutional, he is released from com- 
pliance with its provisions by the pardon of the 
President. The oath prescribed by the act is as 
follows: 1. That the deponent has never volunta- 
rilj^ borne arms against the United States since h*> 
has been a citizen thereof. 2. That he has not 
voluntarily given aid, countenance, counsel, or 
encouragement to persons engaged in armed hos- 
tility thereto. 3. That he has never sought, ac- 
cepted, or attempted to exercise the functions of 
any office whatsoever under any authority or 
pretended authority in hostility to the United 
States 4. That he has not yielded a voluntary 
support to anj- pjretended government, authority, 
power, or constitution within the United States 
hostile or inimical thereto. 5. That he will sup- 
port and defend the Constitution of the United 
States against all enemies, foreign and domestic, 
and will bear true faith and allegiance to the 
same. 

This last clause is promissory only, and re- 
quires no consideration. The questions pre- 
sented for our determination arise from the other 



*Tlie rule, ndopteil witlmnt rtissent, is as follows: 

SUPREME COOIW OP THE UMTED STATES. 

Dccembor Term, 1SG4. — Fi-iday, March 10, 1805. 
Amendment to 2d Hule. 
Ordered, That tlio liint cUuiho of the gecond rule of this 
Court be araeuUcd so as to road as follows : 



Thoy shall resfH'ctivoly take aud Biibscribe the following 
oath or affirmation : 

I, , do solemnly swear that I hare never 

voluntarily borne arms ng:iinst the United States since I 
hsve bei'n a citizen thereoY; that I have voluntarily given 
no aid, countenance, counsel, or encouragement to persons 
engaged in armed hostility thereto; that I have neither 
sought, nor accepted, nor attempted to exercise the functions 
of any office whatever, tinder any atithority, or I'retended 
authority, in hostility to the United States; vliat 1 have not 
yielded a voluntary support to any pretended government, 
authority, power, or constitution, within llie United States, 
hostile or inimical thereto. And I do fuitlier swear, (or 
affirm,) that, to the best of my knowledge and ability, I 
will sui)port and defend the Constitulion of the United 
states against all enemies, foreign and domestic ; lliat I 
will bear true faith and allegiance to the same; that I take 
this obligation freely, without any mental reservation or 
purpose of evasion. 

And I do further solemnly swear, (oraflfirr.), as the case 
may be.) that 1 will demean myself as an attorney and 
counsellor of this Court uprightly aud according to law: 
So help mo God. 



JUDICIAL OPINIONS. 



227 



clauses. These all relate to past acts. Some of 
t'hese acts constituted, when they were com- 
mitted, offences against the criminal laws of the 
country, and some of them may or may not 
have been offences, according to the circum- 
stances under which they were committed and 
the motives of the parties. The first clause covers 
one form of the crime of treason, and the affiant 
must declare that he has not been guilty of this 
crime, not only during the war of rebellion, but 
during any period of his life since he has been a 
citizen. The second clause goes beyond the 
limits of treason, and embraces not only tlie 
giving of aid and encouragement of a treason- 
able nature to a public enemy, but also the giv- 
ing of assistance of any kind to persons engaged 
in armed hostility to the United States. The 
third clause applies to the seeking, acceptance, 
or exercise, not only of offices created for the 
purpose of more effectually carrying on hostili- 
ties, but also of any of those offices which are 
required in every community, whether in peace 
or war, for the administration of justice and the 
preservation of order. The fourth clause not 
only includes those who gave a cordial and ac- 
tive support to the hostile government, but also 
those who yielded a reluctant obedience to the 
existing order established without their co-opera- 
tion. 

The statute is directed against parties who 
have oiJ'ended in any of the particulars embraced 
by these clauses, and its object is to exclude 
them from the profession of the law, or at least 
from its practice in the courts of the United 
States. As the oath prescribed cannot be taken 
by these parties, the act as against them oper- 
ates as a legislative decree of perpetual exclu- 
sion. An exclusion from any of the professions 
or any of the ordinary avocations of life for past 
conduct can be regarded in no other light than 
as a punishment for such conduct. The exaction 
of the oath is the mode provided for ascertaining 
the parties upon whom the act is intended to 
operate, and, instead of lessening, increases its 
objectionable character. All enactments of this 
kind partake of the nature of bills of pains and 
penalties, and are subject to the constitutional 
inhibition against the passage of bills of attain- 
der, uu'ler which general designation they are 
included. In the exclusion which the statute 
adjudges, it imposes a punishment for some of 
the acts specified, which were not punishable, or 
may not have been punishable at the time they 
were committed ; and for other acts it adds a 
new punishment to that then prescribed, and it 
is thus brought within the further inhibition of 
the Constitution against the passage of an ex 
post facto law. 

In the case of Cummingf vs. The State of Mis- 
souri, just decided, we had occasion to^consider 
the meaning of a bill of attainder and an ex post 
facto law in the clause of the Constitution for- 
bidding their passage by the States, and it is un- 
necessary to repeat here what we there said. A 
like prohibition is contained in the Constitution 
against enactments of this kind by Congress, 
and tlie argument presented in that case against 
certain clauses of the constitution of Missouri is 
equally applicable to the act of Congress under 
consideration in this case. 



The profession of an attorney and counseloi 
is not like an office created by an act of Con- 
gress, which depends for its continuance, its pow- 
ers, and its emoluments on the will of its creator, 
and the possession of which may be burdened 
with any conditions not prohibited by the Con- 
stitution. Attorneys and counselors are not 
officers of the United States. They are not 
elected or appointed in the manner prescribed 
by the Constitution for the election or appoint- 
ment of such officers. They are officers of the 
court, admitted as such by its order upon evi- 
dence of their possessing sufficient legal learn- 
ing and fair character. Since the statute of 
4 Henry IV, it has been the practice in England, 
and it has always been the practice in this coun- 
try, to obtain this evidence by an examination 
of the parties. In this Court the fact of the ad- 
mission of such officers in the highest court of 
the States to which they respectively belong for 
three years preceding their application is regarded 
as sufficient evidence of the possession of the re- 
quisite legal learning, and the statement of coun- 
sel moving their admission sufficient evidence 
that their private and professional character is 
.fair. The order of admission is the judgment of 
the court that the parties possess the requisite 
qualifications as attorneys and counselors, and 
are entitled to appear as such and conduct causes 
therein From its entry the parties become offi- 
cers of the court, and are responsible to it for 
professional misconduct. 

They hold their office during good behavior, 
and can only be deprived of it for misconduct, 
ascertained and declared by the judgment of the 
court, after opportunity to be heard has been 
afforded. Their admission and their exclusion 
are not the exercise of a mere ministerial power. 
The court is not in this respect the register of 
the edicts of any other body. It is the exercise 
of judicial powers, and has been so held in nu- 
merous cases. It was so held by the court of ap- 
peals of New York in the matter of the applica- 
tion of Cooper for admission. " Attorneys and 
counselors," said that court, "are not only offi- 
cers of the court, but officers whose duties relate 
almost exclusively to proceedings of a judicial 
nature, and hence their appointment may, with 
propriety, be entrusted to the courts ; and the 
latter, in performing this dut)'', may very justly 
be considered as engaged in the exercise of their 
appropriate judicial functions." In ex parte Se- 
comb, a mandamus to the supreme court of the 
Territory of Minnesota to vacate an order re- 
moving an attorney and counselor was denied 
by this court on the ground that the removal 
was a judicial act. 

" We are not aware of any case," said the 
court, " where a mandamus was issued to an in- 
ferior tribunal commanding it to reverse or an- 
nul its decision, where the decision was in its 
nature a judicial act, and within the scope of its 
jurisdiction and discretion." And in the same 
case the court observed that " it has been well 
settled by the rules and practice of common-law 
courts that it rests exclusively with the court to 
determine who is qualified to become one of its 
officers as an attorney and counselor, and for 
what causes he ought to be removed." The at- 
torney and counselor, being by the solemn juii- 



228 



POLITICAL MANUAL. 



cial act of the court clothed with his ofEce, does 
not hold it as a matter of grace and favor ; the 
right wliich it confers upon him to appear for 
suitors, and to argue causes, is something more 
than a mere indulgence, revokahle at the plea- 
sure of the court or at the command of the le- 
gislature ; it is a right of which he can onl}' be 
deprived by tlie judgment of the court for moral 
or professional delinquency. The legislature 
may undoubtedly prescribe qualifications for the 
office, with which he must conform, as it may, 
where it has exclusive jurisdiction, prescribe 
qualifications for the pursuit of any of the ordin- 
ary avocations of life ; but to constitute a quali- 
fication, the condition or thing prescribed must 
be attainable, in theory at least, by every one. 
That which from the nature of things, or the past 
condition or conduct of the party, cannot be at- 
tained by every citizen, does not fall within the 
definition of the term. To all those by whom 
it is unattainable it is a disqualification which 
operates as a perpetual bar to the office. The 
question in this case is not as to the power of 
Congress to prescribe qualifications, but whether 
that power has been exercised as a means for 
the infliction of punishment against the prohibi- 
tion of the Constitution. That this result can- 
not be effected indirectly by a State under the 
form of creating qualifications, we have held 
in the case of Cummings vs. The State of Mis- 
souri, and the reasoning upon which that conclu- 
sion was reached applies equally to similar ac- 
tion on the part of Congress. 

These views are further strengthened by a con- 
sideration of the effect of the pardon produced 
by the petitioner and the nature of the pardon- 
ing power of the President. The Constitution 
provides that the President " shall have power 
to grant reprieves and pardons for olfences 
against the United States, except in cases of im- 

f)eachment." The power thus conferred is un- 
imited, with the exception stated ; it extends to 
every offence known to the law, and may be 
exercised at any time after its commission, either 
before legal proceedings are taken, or during 
their pendency, or after conviction and judg- 
ment. This power of the President is not sub- 
ject to legislative control. Congress can neither 
limit the effect of his pardon, nor oirclude from 
its exercise any class of offenders. The benign 
prerogative of mercy reposed in him cannot be 
lettered by any legislative restriction. Such 
being the case, the inquiry arises as to the effect 
and operation of a pardon. On this point all 
the authorities concur : a pardon reaches both 
the punishment pres'cribed for the offense, and 
the guilt of the offender, and when the pardon 
is full it releases the punisliment and blots out 
of existence the guilt, so that in the eye of the 
law the offender is as innocent as if he had 
never committed the offence. If granted before 
conviction, it prevents any of the penalties and 
disabilities conse(iu(at upon conviction, from at- 
taching. If graim-d after conviction it removes 
the penalties and disabilities, and restores him 
to all his civil rigli's. It makes him, as it were, 
a new man, and gives him a new credit and ca- 
pacity. There is only this limitation to its ope- 
ration : it does not restore offices forfeited, or 
.propc'ty or interests vested in others inconse- 



quence of the conviction and judgment. The 
pardon produced by the petitioner is a full par- 
don for all offences by him committed arising 
from participation direct or implied in the rebel- 
lion, and is subject to certain conditions which 
have been complied with. The effect of this par- 
don is to relieve the petitioner from all penalties 
and disabilities attached to the offence of trea- 
son committed by his participation in the rebel- 
lion. So far as that offence is concerned he is 
thus placed beyond the reach of punishment of 
any kind ; but to exclude him by reason of that 
offence from continuing in the enjoyment of pre- 
viously acquired right is to enforce a punish- 
ment for that offence notwithstanding the par- 
don. If such exclusion can be effected by the 
exaction of an expurgatory oath covering the 
offence, the pardon may be avoided, and that 
accomplished indirectly which cannot be reached 
by direct legislation. It is not within the con- 
stitutional power of Congress thus to inflict 
punishment beyond the reach of executive clem- 
ency. 

From the petitioner, therefore, the oath re- 
quired by the act of January 24, 1865, cannot 
be exacted, even were that act not subject to any 
other objection than the one just stated. It fol- 
lows, from the views expressed, that the prayer 
of the petitioner must be granted. 

The case of R. H. Marr is similar in its main 
features to that of the petitioner, and his petition 
must be granted ; and the amendment to the sec- 
ond rule of the court, which requires the oath pre- 
scribed by the act of January 24, 1865, to be 
taken by attorneys and counselors, having been 
unadvisedly adopted, must be rescinded, and it 
is so ordered.* 

DISSENTING OPINION. 

Mr. Justice Miller. I dissent from both the 
opinions of the Court just announced. It may 
be hoped that the exceptional circumstances 
which give present importance to these cases will 
soon pass away, and that those who make the 
laws, both State and national, will find in the 
conduct of the persons affected by the legislation 
just declared to be void sufficient reason to re- 
peal or essentially modify it. For the speedy 
return of that better spirit which shall leave no 
cause for such laws all good men look with anx- 
iety, and with a hope, I trust, not altogether 
unfounded. 

But the question involved, relating, as it does, 
to the right of the legislatures of the nation and 
the States to exclude from offices and places of 
high public trust, the administration of whose 
functions is essential to the very existence of 
the Government, those of its own citizens who 
engaged in the recent effort to destroy that Gov- 
ernment by force, can never cease to be one oi 
profouii'd interest. It is at all times the exercise 
of an extremely delicate power for this Court to 
declare that the Congress of the nation or the 



*Tbo now order, niado by a luiijority, is as folFows : 
Supreme Court of the U.mted States. 
December Term, 1806. — Monday, January 1-i, 1S67. 
Order of Court. 
It is now hero ordered by tlio Court that tlio aryiendmcnt 
to the eecoiid rule of tliis Court, wliioli requires the oath 
prescribed by the act of Congress of January 'U, 18(35, to bo 
lakcu by attorneys and counselore, be, and tUe same i», 
hereby resciuded and annulled. 



JUDICIAL OPINIONS. 



229 



legislative body of a State has assumed an au- 
thority not belonging to it, and, by violating 
the Constitution, has rendered void its attempt 
at legislation. In the case of an act of Congress, 
which expresses the sense of the members of a 
30-ordinate department of the Government, as 
much bound by their oath of office as we are to 
respect that Constitution, and whose duty it is, 
as much as it is ours, to be careful that no statute 
is passed in violation of it, the incompatibility 
of the act with the Constitution should be so 
clear as to leave little reason for doubt before 
we pronounce it to be invalid. Unable to see 
this incompatibility either in the act of Congress 
or in the provision of the constitution of Mis- 
souri upon which the Court has just passed, but 
entertaining a strong conviction that both were 
within the competenc_v of the bodies which en- 
acted them, it seems to me an occasion which 
demands that my dissent from the judgment of 
the Court and the reasons for that dissent should 
be placed on its records. 

In the comments which I have to make on 
these cases, I shall speak of principles equally 
applicable to both, although I shall refer more 
directly to that which involves the oath required 
of attorneys by the act of Congress, reserving 
to the close some remarks more especially appli- 
cable to the oath prescribed by the constitution 
of the State of Missouri. 

The Constitution of the United States makes 
ample provision for the establishment of courts 
of justice, to administer its laws and protect and 
enforce the rights of its citizens. Article 3, 
section 1, of that instrument says that " the 
judicial power of the United States shall be vested 
in one supreme court and such inferior courts 
as Congress may from time to time ordain and 
establish." Section 8 of article 1, closes its enume- 
ration of the powers conferred on Congress by the 
broad declaration that it shall have authority 
"to make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
powers and all other powers vested by this Con- 
stitution in the Government of the United States, 
or in any department thereof" Under these 
provisions. Congress has ordained and established 
circuit courts, district courts, and Territorial 
courts, and has, by various statutes, fixed the 
number of the judges of the Supreme Court; it 
has limited and defined the jurisdiction of all 
these and determined the salaries of the judges 
who hold them. It has provided for their neces- 
sary ofiicers, as marshals, clerks, prosecuting at- 
torneys, bailifis, commissioners, and jurors; and 
by the actof 1789, commonly called the judiciary 
act, passed by the first Congress assembled under 
the Constitution, it is, among other things, en- 
acted " that in all the courts of the United States 
parties may plead and manage their causes per- 
sonally, or by the assistance of such counsel or 
attorneys at law as by the rules of the said 
courts respectively shall be permitted to manage 
and conduct causes therein." It is believed that 
no civilized nation of modern times has been 
without a class of men intimately connected 
with the courts and with the administration of 
justice, called variously attorneys, counselors, 
solictors, proctors, or other terms of similar im- 
port. Tho enactment which we have just cited 



recognizes this body of men and their utility iu 
the judicial system of the United States, and 
imposes upon the courts the duty of providing 
rules by which persons entitled to become men> 
bers of this class may be permitted to exercise 
the privilege of managing and conducting causes 
in those courts. They are as essential to the 
successful working of the courts as clerks, shoritf-, 
and marshals, and, perhaps, as the judges them- 
selves, since no instance is known of a court of 
law without a bar. The right to practice law in 
the courts as a profession is a privilege granted 
by the law under such limitations or conditions 
in each State or government as the law-making 
power may prescribe. It is a privilege, and not 
an absolute right 

The distinction may be illustrated by the dif- 
ference between the right of a party to a suit in 
court to defend his own cause, and the right of 
another party to appear and defend for him. 
The one, like the right to life, liberty, and the 
pursuit of happiness, is inalienable; the other 
is the privilege conferred by law on a person who 
complies with the prescribed conditions. Every 
State in the Union, and every civilized govern- 
ment, has laws by which the right to practice in 
its courts may be granted, and makes that right 
to depend upon the good moral character and 
professional skill of the party upon whom the 
privilege is conferred. This is not only true in 
reference to the first grant of license to practice 
law, but tlie continuance of the right is made 
by these laws to depend upon the continued 
possession of these qualities. Attorneys are 
often deprived of this right upon evidence of bad 
moral character, or specific acts of immorality 
or dishonesty, which show that they no longer 
possess the requisite qualifications. All this is 
done by law, either statutory or common, and, 
whether the one or the other, equally the expres- 
sion of the legislative will, for the common law 
exists in this country only as it is adopted or 
permitted by legislatures or by constitutions. 

No reason is perceived why this body of men, 
in their important relations to the courts of the 
nation, are not subject to the action of Congress 
to the same extent that they are under the legis- 
lative control in the States, or in any other Gov- 
ernment, and to the same extent that the judges, 
clerks, marshals, and other ofiicers of the court 
are subject to congressional legislation. Having 
the power to establish the courts, to provide for 
and regulate the practice in those courts, to cre- 
ate their officers, and to prescribe their functions., 
can it be doubted that Congress has the full right 
to prescribe terms for the admission, rejection,, 
and expulsion of attorneys, and for requiring of 
them an oath to show whether they have the. 
proper qualifications for the discharge of their- 
duties. 

The act which has just been declared to be- 
unconstitutional is nothing more than a statute 
which requires of all law)'ers who propose to 
practice in the national courts that they shall 
take the same oath which is exacted of every of- 
ficer of the Government, civil or military. This- 
oath has two aspects — one which looks to the 
past conduct of the party, and one to his future 
conduct — but both have reference to his disposi- 
tion to support or to overturn the Government ia 



280 



POLITICAL MANUAL. 



whose functions he proposes to take a part. In 
substance, he is required to swear that he has 
not been guilty of treason to that Government in 
the past, and that he will bear faithful allegi- 
ance to it in the future. That fidelity to the 
Government under which he lives, and true and 
loyal attaclimeut to it, and a sincere desire for 
its preservation, are among the most essential 
qualifications which should be required in a 
lawyer, seems to me too clear for doubt. The 
history of the Anglo-Saxon race shows that for 
ages past the members of the legal profession 
have been powerful for good or evil in the Gov- 
ernment. They are by the nature of their du- 
ties the moulders of public sentiment on ques- 
tions of government, and are every day engaged 
in aiding in the construction and enforcement 
of the laws. From among their numbers are 
necessarily selected the judges who expound the 
laws and the Constitution. To suffer treason- 
able sentiments to spread here unchecked is to 
permit the stream on which the life of the na- 
lion depends to be poisoned at its source. In il- 
lustration of this truth, I venture to affirm that 
if all the members of the legal profession in the 
States lately in insurrection had possessed the 
qualification of a loyal, faithful allegiance to the 
Government, we should have been spared the 
horrors of that rebellion. If, then, this qualifi- 
cation be so essential in a lawyer, it cannot be 
denied that the statute under consideration was 
eminently calculated to secure that result. 

The majority of the Court, however, do not 
base their decision on the mere absence of au- 
thority in Congress and the States to enact 
the laws which are the subject of consideration, 
but insist that the Constitution of the United 
States forbids in prohibitory terms the passage 
of such laws, both to Congress and to the States. 
The provisions of that instrument relied on to 
sustain this doctrine are those which forbid Con- 
gress and the States respectively from passing 
bills of attainder and ex post facto laws. It is 
said that the act of Congress and the provision 
of the constitution of the State of Missouri under 
review are in conflict with both these provisions, 
and are therefore void. 

I will examine this proposition in reference to 
these two clauses of the Constitution in the order 
in which they occur in that instrument. First, 
in regard to bills of attainder. I am not aware 
of any judicial decision by a court of Federal 
jurisdiction which undertakes to give a definition 
of that term. We are therefore compelled to 
recur to the bills of attainder passed by the 
English Parliament, that we may learn so much 
of their peculiar characteristics as will enable us 
to arrive at a sound conclusion as to what was 
intended to be prohibited by the Constitution. 
Tlie word " attainder" is derived by Sir Thomas 
Tomlyn in his law dictionary from the words 
attincto and attinctura, and is defined to be the 
Btain or corruption of the blood of a criminal 
capitally condemned, the immediate, inseparable 
consequence, by the common law, of the pro- 
nouncing of the sentence of death, and the effect 
of this corruption of the blood was tliat the party 
attainted lost all inheritable quality, and could 
neither receive nor transmit any property or 
other rights by inheritance. This attainder or 



corruption of blood, as a consequence of judi- 
cial sentence of death, ccntinued to be the law 
of England in all cases of treason to the time 
when our Constitution was framed, and, for aught 
that is known to me, is the law of that country 
on condemnation for treason at this day. Bills 
of attainder, therefore, or acts of attainder, as 
they were called after they were passed into 
statutes, were laws which declared certaiu per- 
sons attainted and their blood corrupted, so that 
it had lost all inheritable quality. Whether it 
declared other punishments or not, it was an act 
of attainder if it declared this. This also seems 
to have been the main feature at which the au- 
thors of the Constitution were directing their 
prohibition ; for, after baving in article 1 pro- 
hibited the passage of bills of attainder, in sec- 
tion 9 to Congress, and in section 10 to the States, 
tliere still remained to the judiciary the power 
of declaring attainders. Therefore, to still fur- 
ther guard against this odious form of punish- 
ment, it has provided in section 3, article 3, 
concerning the judiciary, that, while Congress 
shall have power to declare the punishment of 
treason, no attainder of treason shall Avork cor- 
ruption of blood or forfeiture, except during the 
life of the person attainted. 

This, however, while it was the chief, was not 
the only peculiarity of bills of attainder which 
was intended to be included within the consti- 
tutional restriction. Upon an attentive exam- 
ination of the distinctive features of this kind 
of legislation, I think it will be found that the 
following comprise the essential elements of 
bills of attainder, in addition to the one already 
mentioned, which distinguished them from other 
legislation, and which made them so obnoxious 
to the statesmen who organized our Government: 
First, they were convictions and sentences pro- 
nounced by the legislative department of the 
Government instead of the judiciary ; second, 
the sentences pronounced and the punishmenta 
inflicted were determined by no previous law or 
fixed rule ; third, the investigation into the guilt 
of the accused, if any such were made, was not 
necessarily or generally conducted in his pres- 
ence or that of his counsel, and no recognized 
rule of evidence governed the inquiry. (See 
Story on the Constitution, section 1,344.) 

It is no cause for wonder that the men whe 
had just passed successfully through a desperate 
struggle in behalf of civil liberty should feel a 
detestation for legislation of which these were 
the prominent features. The framers of our po- 
litical system had a full appreciation of the neces- 
sity of keejting separate and distinct the primary 
departments of the Government. Mr. Hamilton, 
in the seventy-eighth number of the Federalist, 
says that he agrees with the maxim of Montes- 
quieu, that there is no liberty if the power of 
judging be not separated from the legislative and 
executive powers ; and others of the ablest num- 
bers of that publication are devoted to the pur- 
pose of showing that in our Constitiation these 
powers are so justly balanced and restrained 
that neither will probably be able to make much 
encroachment upon the others. Nor was it lesa 
repugnant to their views of the security of per- 
sonal rights that any person should be con- 
demned without a hearing and punished with* 



JUDICIAL OPINIONS. 



231 



out a law previously prescribing the nature and 
(extent of that punishment. They therefore 
struck boldly at all this machinery of legislative 
despotism, by forbidding the passage of bills of 
attainder and ex post facto laws, both to Con- 
gress and to tlie States. 

It remains to inquire whether in the act of 
Congress under consideration — and the remarks 
apply with equal force to the Missouri constitu- 
tion — there is found any of these features of bills 
of attainder, and, if ,?o, whether there is sufficient 
in the act to bring it fairly within the description 
of that class of bills. It is not claimed that the 
law works a corruption of blood. It will there- 
fore be conceded at once that the act does not 
contain this leading feature of bills of attainder. 
Nor am I capable of seeing that it contains a 
conviction or sentence of any designated person 
or persons. It is said that it is not necessary to 
a bill of attainder that the party to be affected 
should be named in the act, and the attainder 
of the Earl of Kildare and his associates is re- 
ferred to as showing that the act was aimed at 
a class. It is very true that bills of attainder 
have been passed against persons by some de- 
scription when their names were unknown, but 
in such cases the law leaves nothing to be done 
to render its operation effectual but to identify 
those persons. Their guilt, its nature, and its 
punisliment are fixed by the statute, and only 
their personal indent! ty remains to be made out. 
Such was the case alluded to. The act declared 
the guilt and punishment of the Earl of Kildare 
and all who were associated with him in his en- 
terprise, and all that was required to insure their 
punishment was to prove that association. If 
this were not so, then it was mere brutum fal- 
men, and the parties other than the Earl of Kil- 
dare could only be punished, notwithstanding 
tlie act, by proof of their guilt before some com- 
petent tribunal. 

No person is pointed out in the act of Con- 
gress, either by name or by description, against 
whom it is to operate. The oath is only required 
of those who propose to accept an office or to 
practice law, and as a prerequisite to the exer- 
cise of the functions of the lawyer or the officer it 
is demanded of all persons alike. It is said to be 
directed, as a class, to those alone who were en- 
gaged in the rebellion ; but this is manifestly 
incorrect, as the oath is exacted alike from the 
loyal and disloyal under the like circumstances, 
and none are compelled to take it. Neither does 
the act declare any conviction either of persons 
or classes. If so, who are thej'', and of what 
crime are they declared to be guilty ? Nor does 
it pronounce any sentence or inflict any punish- 
ment. If by any possibility it can be said to 
provide for conviction and sentence, though not 
found in the act itself, it leaves the party him- 
self to determine his own guilt or innocence, and 
pronounce his own sentence. It is not, then, the 
act of Congress, but the party interested, that 
tries and condemns. We shall see, when we 
come to the discussion of this act in its relation 
to ex post facto laws, that it inflicts no punish- 
ment. A statute which designates no criminal 
either by name or by description, which declares 
no guilt, pronounces no sentence, and inflicts 
no punishment, can in no case be called a bill of 
attainder. 



Passing now to the consideration, whether this 
statute is an ex post facto law, we find that the 
meaning of that term, as used in the Constitu- 
tion, is a matter which has been frequently be- 
fore this Court, and it has been so well defined 
as to leave no room for controversy. The only 
doubt which can arise is as to the character of the 
particular acts claimed to come within tiie defi- 
nition, not as to the definition of the phrase 
itself. All the cases agree tfiat the term is to De 
applied to criminal causes alone, and not to civil 
proceedin£»s. In the language of Justice Story in 
the case of Watson vs. Mercer, 8 Peters, 88, "ex 
post facto laws relate to penal and criminal 
proceedings which impose punishments and for- 
feitures, and not to civil proceedings, which affect 
private rights retrospectively." (Calder vs. Bull, 
3 Dallas, 386; Fletcher rs." Peck, G Cranch, 87; 
Ogden vs. Saunders, 12 Wheaton, 2G6; Satterlee 
vs. Matthewson, 2 Peters, 380.) 

The first case on the subject is that of Caldei 
vs. Bull, and it is the case in which the doctrine 
concerning ex post facto law is most fully ex- 
pounded. The Court divides all laws which 
come within the meaning of that clause of the 
Constitution into four classes : 1. Every law 
that makes an action done before the passing of the 
law, and which was innocent when done, crimi- 
nal, and punishes such action. 2. Every law 
that aggravates a crime, or makes it greater than 
•it was when committed. 3. Every law that 
changes the punishment, and inflicts a greater 
punishment than the law annexed to the crime 
when committed. 4. Every law that alters the 
rule of evidence, and receives less or different 
testimony than the law required at the time of 
the commission of the ofl'ence to convict the 
offender. 

Again, the Court draws, in the same opinion, 
the true distinction as between ex post facto laws 
and retrospective laws, and proceeds to show 
that however unjust the latter may be, they are 
not prohibited by the Constitution, while the 
former are. This exposition of the nature of 
an ex post facto law has never been denied, nor 
has any court or any commentator on the Con- 
stitution added to the classes of laws here set 
forth as coming within that clause of the organic 
law. In looking carefully at these four classes 
of laws, two things strike the mind as common 
to them all : First, that they contemplate the trial 
of some person charged with an offence ; second, 
that they contemplate a punishment of a person 
found guilty of such offence. 

Now, it seems to me impossible to show that 
the law in question contemplates either the trial 
of a person for an ofl'ence committed before its 
passage, or the punishment of any person for 
such an offence. It is true the aot requiring an 
oath provides a penalty for falsely taking it ■, 
but this provision is prospective, as no one is 
supposed to take the oath until after the passage 
of the law. This prospective penalty is the only 
thing in the law which partakes of a criminal 
character. It is in all other respects a civil pro- 
ceeding. It is simply an oath of office, and it 
is required of all office-holders alike. As far as 
I am informed, this is the first time in the his- 
tory of jurisprudence that taking an oath of 
office has been called a criminal proceeding. If 
it is not a criminal proceeding, then, by all the 



232 



POLITICAL MANUAL. 



aai'ioritios, it is not an ex post facto law. No 
tnai of any person is contemplated by the act 
for any past ofl'ence ; nor is any party supposed 
to be cliarged with any offence in the only pro- 
ceeding which the law provides. A person pro- 
posing to appear in the court as an attorney is 
asked to take a certain oatli. There is no charge 
made against him that he has been guilty of any 
of the crimes mentioned in that oath ; there is 
no prosecution. There is not even an implica- 
tion of guilt by reason of tendering him the oath ; 
for it is required of the man who has lost every- 
thing in defence of the Government, and whose 
loyalty is written in the honorable scars which 
cover his body, the same as of the guiltiest trai- 
tor in the land. Plis refusal to take the oath 
subjects him to no prosecution; his ta,king it 
clears him of no guilt and acquits him of no 
charge. 

Where, then, is this ex post facto law which 
tries and punishes a man for a crime committed 
before it was passed? It can only be found in 
those elastic rules of construction which cramp 
the powers of the Federal Government when 
they are to be exercised in certain directions, and 
enlarge them when they are to be exercised in 
others. No more striking example of this could 
be given than the cases before ns, in one of 
which the Constitution of the United States is 
held to confer no power on Congress to prevent 
traitors from practicing in our courts, while in 
the other it is lield to confer jiower on this Court 
to nullify a provision of the constitution of the 
State of Missouri relating to a qualification re- 
quired of ministers of religion. 

But the fatal vice in tiie reasoning of the ma- 
jority is in the meaning which they attach to the 
word "punishment," in its application to this 
law, and in its relation to the definitions which 
have been given of the phrase ex post facto law. 
Webster's second definition of the word " punish " 
is this: "In a loose sense, to afSict with pain, 
&c., with a view to amendment; to chasten;" 
and it is in this loose sense that the word is used 
by the Court as synonymous with "chastise- 
ment," "correction," "loss or suffering to the 
party supposed to be punished," and not in the 
legal sense, which signifies a penalty inflicted for 
the commission of a crime. So in this sense it 
is said, that whereas persons who have been 
guilty of the offences mentioned in the oath were, 
by the laws then in force, only liable to be pun- 
ished with death and confiscation of all their 
property, they are, by a law passed since those 
offences were committed, made liable to tlie enor- 
mous additional punishment of being deprived 
of the right to practice law. The law in question 
does not in reality deprive a person guilty of the 
acts therein mentioned of any right which he 
possessed before, for it is equally sound law, as it 
is the dictate of good sense, that a person who, 
in the language of the act, has voluntarily borne 
arms against the Government of the "United 
States while a citizen thereof, and who has volun- 
tarily given aid, comfort, counsel, or encourage- 
ment to persons engaged in armed hostility to the 
Government, has, by doing those things, forfeited 
his right to appear in her courts and take part 
in the administration of lier lawa. Such a per- 
son has exhibited a trait of cliaracter which, 
without the aid of the law in question, author- 



izes the court to declare him unfit to practice 
before it, and to strike his name from the roll of 
its attorneys, if it be found there. I have al- 
ready shown that this act provides for no indict- 
ment or other charge, that it contemplates and 
admits of no trial, and I now proceed to show 
that even if the right of the court to prevent an 
attorney guilty of the acts mentioned from ap- 
pearing in its forum depended upon the statute, 
still it inflicts no punishment iu the legal sense 
of that term. 

" Punishment," says Mr. Wharton in his Law 
Lexicon, " is a renalty for transgression of the 
law," and this is perhaps as comprehensive and 
at the same as accurate a definition as can be 
given. Now, what law is it whose transgression 
is punished iu the case before us ? None is 
referred to in the act, and there is nothing on 
its face to show that it was intended as an addi- 
tional punishment for any offence described in 
any other act. A part of the matters of which the 
applicant is required to purge himself on oath 
may amount to treason, and surely there could 
be no intention or desire to inflict this small ad- 
ditional punishment for a crime whose penalty 
was alread}' death and confiscation of property. 
in fact, the word " punishment" is used by the 
court in a sense v/hich would make a great num 
ber of laws, partaking in no sense of a criminal 
character, laws for punishment, and therefore ex 
post facto. A law, for instance, which increases 
the facility for detecting frauds, by compelling a 
party to a civil proceeding to disclose his transac- 
tions under oath, would result in his punishment 
in this sense if it compelled him to pay an honest 
debt which could not be coerced from him be- 
fore ; but this law comes clearly witliin the class 
described by this Court in Watson vs. Mercer, as 
a civil proceeding which affects private rights 
retrospectively. 

Again, let us suppose that several persons af-, 
flicted with a form of insanity heretofore deemed 
harmless shall be found all at once to be danger- 
ous to the lives of persons with whom they 
associate. The State, therefore, passes a law 
that all persons so affected shall be kept in close 
confinement until their recovery is assured. Here 
is a case of punishment, in the sense used by the 
Court, for a matter existing before the passage of 
the law. Is it an ex post facto law ; and, if not, 
in what does it differ from one? Just in the 
same manner that the act of Congress does — 
namely, that the proceeding is a civil, tnd not a 
criminal proceeding, and that the imprisonment 
in the one case, and the prohibition to practice 
law in the other, are not punishments in the 
legal meaning of that term. 

The civil law maxim, iiemo debet bis vexari pro 
una et eadem causd, has long since been adopt- 
ed in the common law as applicable both to 
civil and criminal proceedings ; and one of the 
amendments of the Constitution incorporates 
this principle into that instrument so far as pun- 
ishment affects life or limb. 

It results from t!iis rule that no man can be 
twice lawfully punished for the same offence. 
We have already seen that the acts of which the 
party is required to purge himself on oath con- 
stitute the crime of treason. Now, if the judg- 
ment of the Court in the cases before us, instead 
of permitting parties to appear without taking 



JUDICIAL OPINIONS. 



233 



the oath, had been the other way, here would 
have been ihe case of a person who, on the reas- 
oning of the majority, is punished by the judg- 
ment of this Court for the same acts wliich con- 
Btitute tlie crime of treason ; and yet, if the 
applicant here should be afterwards indicted for 
treason on account of those same acts, no one 
would pretend that the proceeding here could be 
successfully pleaded in bar of that indictment. 
But why not? Simply because there is here 
neither trial nor punishment within the legal 
meaning of these terms. 

I maintain that the purpose of the act of Con- 
gress was to require loyalty as a qualification of 
all who practice law in the national courts. The 
majority say that the purpose was to impose a 
punishment for past acts of disloyalty. In press- 
ing this argument, it is asserted by the majority 
that no requirement can be justly said to be a 
qualification which is not attainable by all, and 
that to demand a qualification not attainable b}- 
all is a punishment. The Constitution of the 
United States provides as a qualification for the 
office of President and Vice President that the 
person elected must be a native-born citizen. Is 
this a punishment to all those naturalized citizens 
who can never attain that qualification? The 
co-nstitution of nearly all the States requires as 
a qualification for voting that the voter shall be a 
white male citizen. Is this a punishment for all 
the blacks who can never become white? It was a 
qualification required by some of the State con- 
stitutions for the office of judge that the person 
should not be over sixty years of age. To a very 
large number of the ablest lawyers in any State 
this is a qualification which they can never at- 
tain, for every year removes them further away 
from the designated age. Is it a punishment? 
The distinguished commentator on American 
law and chancellor of the State of New York 
was deprived of that office by this provision of 
the constitution of that State. He was, just in 
the midst of his usefulness, not only turned out 
of office, but he was forever disqualified from 
holding it again by a law passed after he had 
accepted the office. Here is a much stronger case 
than that of a disloyal attorney forbid by law 
to practice in the courts, yet no one ever thought 
that the law was ex post facto in the sense of the 
Constitution of the United States. 

Illustrations of this kind could be multiplied 
indefinitely, but they are unnecessary. The his- 
tory of tlie time when this statute was passed, 
the darkest hour of our great struggle, the ne- 
cessity for its existence, the humane character 
■of the President--nvho signed the bill, and the 
face of the law itself, all show that it was purely 
a qualification exacted in self-defence of all who 
took part m administering the Government in 
any of its departments, and that it was not 
passed for the purpose of inflicting punishment, 
however me.-ited, for past ofiences. 

I think I have now shown that the statute in 
question is within the legislative power of Con- 
gress in its control over the courts and their of- 
ficers, and that it is not void as being either a 
bill of attainder or an ex post facto law. If I 
am right on the question of qualification and 
punishment, that discussion disposes also of the 
proposition that the pardon of the President re- 



lieves the party accepting it of the necessity of 
taking the oath, even if the law be valid. I am 
willing to concede that the presidential pardoa 
relieves the party from all penalties, or, in other 
words, from all {he punishment which the law 
inflicts for his ofl'ence ; but it relieves him from 
nothing more. If the oath required as a condi- 
tion to practicing law is not a punishment, as I 
think I have shown it is not, then the pardon 
of the President has no effect in relieving him 
from the requirement to take it. If it is a qual- 
ification which Congress had a right to prescribe 
as necessary to an attorney, then the President 
cannot, by pardon or otherwise, dispense with 
the law requiring such qualification. This is 
not only the plain rule as between the legislative 
and executive departments of the Government, 
but it is the declaration of common sense. The 
man who, by counterfeiting, by theft, or by 
murder, or by treason, is rendered unfit to exer- 
cise the functions of an attorney or counsellor 
at law may be saved by the Executive pardon 
from the penitentiary or the gallows, but is not 
thereby restored to the qualifications which are 
essential to admission to the bar. No doubt it 
would be found* that very many persons among 
those who cannot take this oath deserve to be 
relieved from the prohibition of the law, but 
this in nowise depends upon the act of the Presi- 
dent in giving or refusing a pardon ; it remains 
to the legislative power alone to prescribe under 
what circumstances this relief shall be extended. 
In regard to the case of Cummings vs. The 
State of Missouri, allusions have been made in 
argument to the sanctity of the ministerial office 
and to the inviolability of religious freedom in 
this country ; but no attempt has been made to 
show that the Constitution of the United States 
interposes any such protection between the State 
governments and their own citizens ; nor can 
anything of the kind be shown. The Federal 
Constitution contains but two provisions on this 
subject. One of these forbids Congress to make 
any law respecting the establishment of religion 
or prohibiting the free exercise thereof ; the 
other is, that no religious test shall ever be re- 
quired as a qualification to any office or public 
trust under the United States. No restraint is 
placed by that instrument on the action of the 
States ; but, on the contrary, in the language of 
Story, (Commentaries on the Constitution, sec- 
tion 1878,) the whole power over the subject of 
religion is left exclusively to the State govern- 
ments, to be acted upon according to their own 
sense of justice and the State constitution. If 
there ever was a case calling for this Court to 
exercise all the power on this subject which 
properly belonged to it, it was the case of the 
Rev. B. Permoli, reported in 3 Howard, 589. 
An ordinance of the first municipality of thecity 
of New Orleans imposed a penalty on anj^ priest 
who should officiate at any funeral in any other 
church than the Obituary Chapel. Mr. Permoli, 
a Catholic priest, performed the funeral services 
of his Church over the body of one of his parish- 
ioners enclosed in a coffin in the Roman Catho- 
lic Church of St. Augustin. For this he was 
fined, and relying upon the vague idea advanced 
here, that the Federal Constitution protected 
him in the exercise of his holy functions, he 



234 



POLITICAL MANUAL. 



brought the case to this Court ; but, hard as the 
case was, the Court replied to him in t'le follow- 
ing language: " The Constitution of the United 
States makes no provision for protecting the 
citizens of the respective States in their relig- 
ious liberties ; this is left to the State constitu- 
tions and laws; nor is there any inhibition 
imposed by the Constitution of the United States 
in this respect on the States." Mr. Permoli's 
writ of error was therefore dismissed for want 
of jurisdiction. In that case an ordinance of a 
mere local corporation forbade a priest loyal 
to his Government from performing what he 
believed to be the necessary rites of his Church 
over the body of his dejiarted friend. This 
Court said it could give him no relief. In 
this case the constitution of the State of Mis- 
souri, the fundamental law of the people of that 
State, adopted by their popular vote, declares 
that no priest of any Church shall exerci.se his 
ministerial functions unless lie will show by his 
own oath that he has borne true allegiance to 
his Government ; and this Court now holds this 
constitutional provision void, on the ground that 
the Federal Constitution forbids it. I leave the 
two cases to speak for themselves. 

In the discussion of these cases I have said 
nothing, on the one hand, of the great evils in- 
flicted on the country by the voluntary action of 
man J' of those persons affected by the laws under 
consideration, nor, on the other liand, of the hard- 
ships which they are now sutiering much more 
as a consequence of that action than of any laws 
which Congress could possibly frame; but I have 
endeavored to bring to the examination of the 
grave questions of constitutional law involved 
in this inquiry those principles alone which are 
calculated to assist in determining what the law 
is, rather than what in my private judgment it 
ought to be. 

I am requested to say that the Chief Justice 
and Justices Swayne and Davis concur in this 
opinion. 

Opinion of the Supreme Court of the District 
of Columbia in a like Case, February 12, 1867 

Chief Justice Caetter said: 

This is a motion on the application of Mr. 
Allen B. Magruder and others for admission to 
the bar of tins court, connected with a motion 
to rescind the rule which provides that each ap- 
[ilicant for admission to bar shall, before being 
admitted, take and subscribe the following oath: 

"I, , do solemnly that I liave never vohiuta- 

rily Ijoino nrni.s against the United States since I have been 
a citizen thereof; that I have v^ihinlarily t^iven no aid, 
countenance, counsel, or encouragement to persons engajjcd 
in armed hostility thereto; that I have neither sought, nor 
aecejited. nor atlempted to exercise, the functions of any 
ofHco wli.itcver, under any authority, or jiretended author- 
ity, in hostility to the United States; that 1 have not yielded 
a voluntary support to any pretended government, author- 
ity, power, or constitution within the United States, hostile 

or inimical thereto. And I do further that, to tlie best 

of niy knowledge and ability, I will support and (b'fend the 
Cniistitution of the United States against all enemies, for- 
eign and domestic; that I wiU bear true failli and alle- 
giance to the same; that I take this obligation freely, 
without i'.ny mi'iit.il nsirvation or purpose of evasion, ancl 
that 1 will well and failblully discharge the duties of the 
office on whicli I am abctut to enter : so help me God. Sworn 
lo and Bubscribed before mo this day of , 18G — ." 

The consideration of the subject in the order 
of the application suggests the inquiry, whether 



the applicant is eligible to admission irrespocti /e 
of the oath. His liistory in this connection, as 
rendered bj^ himself, makes him a citizen of the 
District of Columbia immediately antecedent to 
the outbreak of the rebellion, and a member of 
the bar of the fornier circuit court, and as such 
attorney under the obligation of the following 
oath, which he took and subscribed on the 12th 
of December, 1857 : 

" I do solemnly swear that I will support the Constitution 
of the United States; that I do not hold mys(df in alle;;iauoo 
to the kiiig or queen of Great IJritain; and that 1 will we'' 
and truly behave and demean mys('lf in the ollice of attor- 
ney of this court in all things appertainins; to the duties 
thereof, to the best of my skill and judgment; so help nio 
God. And I declare that I believe in the Christian rclfgiou." 

It also appears, from his ov/n statement, that 
about the time of the inauguration of the rebel- 
lion, and before the secession of Virginia, he 
transferred himself from this jurisdiction to that 
State, where he became an officer in the rebel 
army, doubtless, as such, binding himself under 
oath to do all in his power to destroy this Gov- 
ernment. 

The reason he assigns for the violation of his oath 
to support the Constitution of the United States, 
as an attorney of the former circuit court, as we 
understand him, is that he was a native of Vir- 
ginia, and owed to Virginia a paramount fealty. 
The mere statement of his case, as given by him- 
self, would seem to make it impossible for any fed- 
eral court to incorporate him among its officers. 

The assumption of State sovereignty and the 
paramount duty of the citizen to the State is old 
as a pretence in justification for resistance to 
federal authority, having been chiefly used as a 
means to that end ; but as an honest conviction 
of intelligent judgment it has been entertained 
but by few. The proposition that a part is 
greater than the whole, and that the Govern- 
ment of the United States only existed at the 
will of one of its members, is incapable of belief, 
and. -simply argues that the Government of the 
United States never existed, or if it had exist- 
ence, had not vitality for self-preservation. The 
disqualification of the applicant for admission is 
made more significant if possible by his disincli- 
nation and failure to say that in taking the oath 
to support the Constitution of the United States 
in contemplation of admission to the bar of this 
court, he would regard it as binding him and his 
conscience in paramount duty to this Govern- 
ment. The essential absurdity of the position, 
that a State in conflict with the federal power is 
greater than the nation, and duty to the State 
greater than duty to the nation, which v/as put 
forth prior to the rebellion chiefly as a specula- . 
five means to tlie destruction of tlie Federal Gov- 
ernment, seems still to afflict him, notwithstand- 
ing it has been persuaded and whipped out of 
nearly everybody else of similar hallucination 
by five 3'ears of bloody war and the sacrifice of 
about a million of men. It will be perceived, 
from this view of his case, that if the oath in 
question did not exist, it would still l)e impos- 
sible for the court to give the tipplicant admis- 
sion to this bar. 

This leads us to the consideration of the motion 
to rescind the first rule of this court, adopted 
[March 23, 1863, in order that the several parties 
named in the motion may be admitted as mem- 



judi::aL oi-iNiojNs. 



i^iio 



bers of the bar without first taking the oath pre- 
scribed by that rale. 

We understand the motion to be based sub- 
stantially upon the assumption that the oath is 
unconstitutional, tliat its unconstitutionality has 
been determined by the Supreme Court, and that 
that determination is mandatory upon the judg- 
ment of this court ; that it is unconstitutional 
because it is ex post facto and in the nature of a 
penalty. It is a fundamental rule, that to au- 
thorize a court to pronounce a law unconstitu- 
tional the fault of the law should be clear, and 
its violation of the Constitution unembarrassed 
by doubt. Deference to the deliberations and 
judgment of the law-making and co-ordinate 
branch of the Government not only recommends 
this rule, but makes it imperative. Up to the 
time of the publication of the recent opinion of 
the majority of the Supreme Court, this court, 
from the time of the adoption of the rule, has 
entertained no doubt of its constitutionality, or 
of its propriety and necessity. The only doubt 
now existing in this regard has been raised by 
the expression of the opinion of the majority of 
that Court. 

It is said to be ex post facto and in the nature 
of a penalty. Let us inquire. The penalty for 
what act? A law after what act ? Does it pro- 
pose to inflict an additional penalty for the trea- 
son committed, or simply to leave the traitor 
where the treason left him — in the enjoyment of 
all the ordinary and natural estate of tlie citizen ? 
The ex post facto penalty contemplated by law is 
a new penalty prescribed for previous crimes — 
a new punishment for an old transgression. Does 
this rule do that? If it does, it is by withhold- 
ing a privilege that the party never had, and 
that does not pertain to the estate of ordinary 
citizenship. The fact in the premises which it is 
objected is ex post facto is the office of attorney, 
witii its privileges and immunities as a member 
of this bar — a fact which the party never had, 
and is now for the first time seeking. The con- 
dition to the enjoyment of the office complained 
of here, instead of being after the fact, precedes 
it, and is really complained of as an obstacle to 
it. The oath, instead of being a penalty, is 
simply among the evidences of fitness for the en- 
joyment of the estate in prospect, which, among 
other tests, this court has seen fit to impose for 
the protection of the morale of the bar and the 
integrity of the Government. 

This view of the nature and constitutional 

character of this rule is sufiiciently satisfactorj^ 

to our mind without the aid even of the acknow- 

' ledged constitutional power of Congress to make 

retroactive laws. 

It is unnecessary to discuss in the light of this 
argument the effect of the pardon, inasmuch as 
it is not part of the ofiice of a pardon to create 
in a criminal new rights disconnected with his 
crime and which he did not before possess. 

But it is insisted that the unconstitutionality 
of this rule has been determined by the Supreme 
Court, which determination is mandatory upon 
this court. In ascertaining what the Supreme 
Court has determined, the first guide to judg- 
ment is the consideration of the case that the Su- 
preme Court had before them. If the case be- 
fore them defines the limits of their opinion, that 



Court has not decided the case before us. The 
case decided by the Supremo Court was the case 
of an existing member of their bar. The case 
before us is the case of the application of par- 
ties for admission to the bar. The case in tho 
Supreme Court was a privilege in possession. 
The case before us is a privilege in j)rospect. 
The decision in the Supreme Court involved a 
dismemberment from the bar. The decision here 
involves admission to the bar. It may be said 
of the case in the Supreme Court that the par- 
don of the President, so far as the legal disabili- 
ties of Garland were concerned, removed them. 
It cannot be said that a similar pardon in the 
case before us would create the privilege. If the 
law expounded by the majority of the Supreme 
Court is simply an exposition of the case they 
had before them, it is not analogous with the 
case at bar ; and it may be well questioned 
whether it would be authority beyond the lim- 
its of the legitimate issue presented. Outside of 
the issue, at most, it could only be considered as 
the expression of opinion by eminent judges. 

The question remaining to be considered in this 
connection is, conceding the decision of the Su- 
preme Court to be in point, whether it is man- 
datory upon the judgment of this court. This 
question is to be determined by the legal rela- 
tion of this tribunal to that. To make their de- 
cision mandatory iipon the judgment of thia 
court in the strict definition of their authority, 
they must have the power to execute it upon 
the deliberation of this court. The only power 
they possess in this behalf is given by act of 
Congress, and regulated by the right of appeal, 
and confessedly does not extend to the subject 
under consideration. If there was any doubt 
upon this point, that doubt has been removed by 
the repeated decisions of that eminent tribunal. 
In ex parte Burr, 9 Wheaton, 529, Chief Justice 
Marshall, delivering the opinion of the Court, 
said: 

" On one hand the profession of an attorney is of great 
importance to an individual, and the prosperity of liis whole 
life may depend on its exercise. The right to exercise it 
ought not U> be liglitly or capriciously talcen from liim. Ou 
the otiier hand it is extr-emely desirable tliat the respecta- 
bility of the bar sliould lie maintained, and tliat its liarmony 
v'itli the bench should be preserved. For these objects some 
controlling power, some discretion, ought to reside iH the 
court." 

" This discretion ought to be exercised witli great modera- 
tion and judgment, but it must be exercised; and no other 
tribunal can decide in a case of removal from the bar with 
the same means of information as the court itself. If there 
be a rerising tribunal, which possesses controlling authority, 
that tribunal will always feel the delicacy of interposing its 
authority, and would do so only in a plain case." 

In ex parte John L. Tillinghast, 4 Peters, 108, 
the Court said : 

" When, on a former occasion, a mandamus was applied 
fbr to restore Mr. Tillinghast to the roll of counsellors tw 
the district court, this Court refused to interfere with the 
matter, not considering the same within their cognizance." 

And in ex parte Secomb, 19 Howard, page 13, 
Chief Justice Taney said : 

"In the case of Tillinghast vs. Conkling, which came be- 
fore this Com t in January term, 1829, a similar motion was 
overruled by the Court. I'lio case is not reported to the Court, 
but a brief written opinion remains on the files of the Ccurt, 
in which the Court says that tlie motion is overruled upon 
the ground that it had not jurisdiction in the case. Tlio re- 
moval of tlie attorney and couiiseUorin th:itr,-ise took place 
in a district court of the United States, exevci-ing the puwer 
(if a circuit court in a court of that character, and the rela- 
tions between the court and the attorneys and counselors 






rOLITICAL MAISL'AL. 



who prac list' ill it, and their respective rights and duties, 
(ire ret;ulati'd by the common law ; and it has been well set- 
tled by the common rules and practice of the common law 
courts that it rests ca;c?i/Si'fc/^ with the court to determine 
who is qualified to become one of its officers as an attorney 
and counsellor, and for what cause he ought to bo removed." 

After these repeated decisions this question 
may be said to be res judicata. 

The iulierent right of each court to regulate 
its own rules of pjractice, including the terms of 
admission of attorneys to and dismissions from 
the bar, has come down to us unquestioned 
through the long life of the common law. With 
regard to this court, and its inherent, power of 
making its rules of admission to and dismission 
frcm the bar. Congress, the law-maker of this 
court, has not onh' confirmed the common law 
power of the court, hitherto deemed almost neces- 
sary to the existence of the court, but made it 
the dutj' of the court, in the organic act of its 
creation, to exercise that power, leaving the 
court in its discretion the sole tribunal to pass 
upon the question, subject only to the penalty 
of impeachment for the abuse of the power. 
These considerations are conclusive of the as- 
Bumption that tlie opinion referred to is author- 
it)' with this court. While we deny to this de- 
cision of the Supreme Court the office of such 
authority, we acknowledge the potency of that 
tribunal as the instructor of judgment, and if 
it had united its great wisdom in the pronuncia- 
tion of opinion invalidating the rule in contro- 
versy we should feel disposed to bow to it. 

But it comes to us as advisory, and we must 
receive it upon the conditions upon which it is 
sent. These conditions in the way of advice are 
that a majority of one of that Court counsels the 
condemnation of the rule, while a minority of 
one less than the majority counsels its support, 
leaving this court to form its own opinion with- 
out any substautial aid from the decision. 

If we were to adopt the conclusion of the ma- 
joritj', it would be at the expense of condemning 
a law of Congress in defiance of the rule of 
judgment already referred to, and substantially 
upon tlie opinion of a single justice of the Su- 
preme Court, for the judgmant, after all, weighed 
in the balance, is reduced to the opinion of one 
justice, a result, however binding, not very im- 
pressive of wisdom when applied to the condem- 
nation of a law. 

In January term, 1835, the Supreme Court, 
through Chief Justice Marshall, refused to take 
up the cases of the Mayor of New York vs. 
George ^liln and George Bricervs. the Common- 
wealtli's Bank of Kentucky (9 Peters, 85) be- 
cause the Court was "not full," in consequence 
of the resignation of Justice Duvall. 

This controversy of judicial opinion, largely 
attributable to political excitement, demonstrates 
to our judgment that the question in controversy 
is so involved with political considerations as to 
render it eminently proper that it should be re- 
ferred back to the political power of the nation, 
and tlie law-making power which created it be 
consulted in its modification or repeal. 

Without suggesting what would be our judg- 
ment as to the modification of the rule, or 
whether any, let it be sufficient to say that it is 
a que.stion for legislation, and not for adjudica- 
tion. The motions are denied. 



JUDGE WYLIE's OPI-VION. 

Matter of the application of Allen B Magru- 
der to be admitted to the bar of the supremo 
court of the District of Columbia. 

Also, motion made by Mr. Bradley, that said 
court rescind its rule requiring ajiplicants for 
admission to the bar to take the oath commonly 
called the test-oath, prescribed and adopted 23d 
March, 1863. 

Tliis application and this motion, though in 
some respects distinct subjects, have been argued 
together. 

I shall first proceed to consider the motion to 
rescind our rule. 

By the act of the 3d March, 1863, the late cir- 
cuit court and the late criminal court of this 
District were abolished, and their powers and 
jurisdiction transferred to the supreme court of 
the District of Columbia, which was established 
by the same act. That act afeo conferred upon 
this court full power to make all rules which it 
might think proper relating to the practice of 
the court. 

At the first meeting of the new court, held on 
the 23d of March, 1863, it was ordered that all 
applicants for admission to the bnr should take 
and subscribe, as a condition of their admission, 
the oath, which the judges had themselves volun- 
tarily taken, prescribed bv the act of Congress 
approved July 2, 1862. 

That act is in the following words : 

'•That hereafter every person elected or appointed to 
any office of honor or profit under the Government of the 
United States, either in the civil, military, or naval depart- 
ment of the public Service, excepting the President of the 
United States, shall, before entering upon the duties of such 
office, and before being entitled to any of the salary or other 
emoluments thereof, take and subscribe the following oath 
or affirmation : 'I, A B, do solemnly swear (or affirm) that 
I have never voluntarily borne arms against the United 
States since I have been a citizen thereof; that I have vol- 
untarily given no aid, countenance, couusel,or encouragement 
to persons engaged in armed hostility thereto; that I have 
neither sought nor accepted nor attempted to exercise the 
functions ot any office whatever, under any authority or 
pretended authority, in hostility to the United States; that 
I have not yielded a voluntary support to any pretended 
government, authority, power, or constitution within the 
United States hostile or inimical thereto; and I do further 
swear (or allJrui) that, to the best of my knowledge and 
ability, I will support and defend the Constitution of the 
United States against all enemies, foreign or domestic; 
that I will bear true faith and allegiance to the same; that I 
take this obligation freely, without any mental reservation 
or purpose of evasion, and that I will well and faithfully 
discharge the duties of the office on which I am about to 
enter ; so help me God." 

This oath has been taken and subscribed by 
every one who has since been admitted to the 
bar of this court. 

The act, however, was not of itself obligatory 
upon the court or any of its officers, but only 
upon persons in the civil, military, or naval de- 
partments of the public service. 

But we were in the midst of a terrible civil 
war; surrounded by a large population, many 
of whom were, in sentiment at least, disloyal to 
tlie Government ; we were a court created by 
the United States, to stand if it stood, and be 
destroyed if it were overthrown ; we were at 
the capital of the nation, and yet in sight of tha 
armed forces of the rebellion. Treason walked 
our very streets defiantly, and encouraged ita 
partisans amongst us with the promise of a speedy 
triumph of the rebellion. 

It was at a time like this that the court fell 



JUDICIAL OPINIONS. 



ZUi 



itself called upon to exert its whole power to 
excl-ude the traitors to their countrj' from admis- 
sion to the bar of one of that country's courts, 
and we ordained the rule which we now have 
under consideration. 

Its constitutionality was not then called in 
question, nor was its propriety doubted. 

The office of attorney at law is one known to 
the common law, and with us is regulated in 
part by that law, partly by several acts of the 
Assembly of llaryland yet in force in this Dis- 
trict, and partly by the act of Congress of 3d 
March, 1863, creating this court. The English 
statutes relating to attorneys at law are not in 
force here. 

At common law no one was allowed to prac- 
tice law in any court till after examination and 
admission, and every court possessed the exclu- 
sive power of prescribing the qualifications and 
conditions for admission to its bar. Blackstone 
says: 

" No one can practice as an attorney in any of the courts 
of Westminster Hall but such as is admitted and sworn an 
attorney of that particular court; an attorney of the curt 
of liing's bench cannot practice in the common pleas, nor 
vice versa.*' 

The statute of Maryland of April, 1715. ch. 
41, sec. 2, conferred upon the courts of that ? tate 
full powers to make " such rules and orders Jrom 
time to time for the well-governing and regu- 
lating the said courts, and the officers and suitors 
thereof, as to the courts, in their discretion, shall 
Beem meet." 

By another act of Maryland of the same year 
and month, ch. 48, sec. 12, the justices of the 
courts of that State were invested with authority 
to admit and to suspend attorneys jt the bar 
without qualification or restriction, {ealvo jure 
corona,) except that no court should admit any 
attorney to its bar without requiring of him the 
oath of allegiance prescribed by tlie act of Par- 
liament, passed in the 6th of Q'ioen Ann, entitled 
"An act for the security of her majesty's person 
and government, and of the succession to the 
crown of Great Britain in the Protestant line." 

These acts, though more than a hundred and 
fifty years old, are still the law of this District,' 
except that the Governinent of tlie United States 
has succeeded to the allegiance which was for- 
merly sworn to tbs queen of Great Britain; and 
our rule has furbished a fitting substitute for that 
oath, accoramojdted to the changes of govern 
ments which hjye taken place in this country 
since the rsi^u of Queen Ann. 

Being tha3 a court of the United States, vested 
with full power to establish our own ritles for 
the admission of members to the bar, and for 
governing and regulating the court and the offi- 
cers and suitors thereof, without accountability 
to any other court, it would seem that we should 
ourselves be the ultimate judges of all the law 
upon these subjects. And, in my judgment, this 
principle has been affirmed and settled by the 
Supreme Court of the United States in Secomb's 
case, 19 Howard R., 9. 

It is not to be inferred from this, however, that 
we are at liberty, in regard to these matters, to 
transgress against the Constitution of the United 
States at our pleasure. On the contrary, it is 
the sworn obligation and duty of the court faith- 
fully to support that Constitution. As it regards 



the question of the constitutionalitj'' of our test- 
rule, it is not ray intention to discuss that sub- 
ject on this occasion. I have as yet heard no 
arguments which have disturbed my original 
convictions on that point. 

The recent decision of the Supreme Court of 
the United States in Garland's case has been 
made the occasion of the present motion, and 
has been cited as settling the question against 
the rule. But I do not so understand that 
decision. On the contrary, it seems to my ap- 
prehension plainly inapplicable to the case under 
consideration. In compliance with the act of 
Congress of January 2-i, 1865, the Supreme Court 
had adopted a rule to carry out the provisions 
of that act, which were as follows : " That no 
person, after the date of this act, shall be admit- 
ted to the bar of the Supreme Court of the 
United States, or at any time after the 4th of 
]\Iarch next shall be admitted to the bar of any 
circuit or district court of the United States, or 
of the Court of Claims, as an attorney or coun- 
sellor of such court, or shall be allowed to ap- 
pear and be heard in any such court by virtue 
of any previous admission, or any special power 
of attorney, unless he shall have first taken the 
oath prescribed in an act to prescribe an oath of 
office, and for other purposes, approved July 2, 
1802, according .to the forms and in the manner 
in the said act p'rescribed." 

Garland had been admitted an attorney and 
counsellor of that Court at the December term, 
1860. He subsequently committed treason 
against the United States by taking part in the 
late rebellion, but was pardoned by the Presi- 
dent. He then presented his petition to the 
Court, asking permission to appear and continue 
to practice there under his admis.sion of 1860 
and the pardon of the President, without being 
required to make the oath prescribed by the act 
of January 24, 1865, and the rule of court made 
in pursuance of said act. The decision of the 
Court was that his application should be granted; 
and the grounds of this decision were, that the 
pardon granted by the President had blotted out 
the sins of his rebellion, as though they had 
never been committed, and that being thus in- 
nocent of all offence in the eye of the law, he 
could not be a proper subject for punishment, or 
of exclusion from the privileges of the court, 
which had formerly belonged to him. 

Mr. Justice Field, who delivered the opinion 
of the Court, says : " The effect of this pardon is 
to relieve the petitioner from all penalties and 
disabilities attached to the offence of treason 
committed by his participation in the rebellion. 
So far as that offence is concerned, he is thus 
placed beyond the reach of punishment of any 
kind; but to exclude him, by reason of that of- 
fence, from continuing in the enjoyment of a 
previously acquired right, is to enforce a punish- 
ment for that offence notwithstanding the par- 
don." 

I can have no controversy with the Supreme 
Court as to that doctrine. It merely teaches 
that Garland, having been already admitted to 
the bar before the commencement of the war, 
and having received perfect absolution for his 
offences committed during the rebellion, he was 
not subject to the operation of either the act of 



238 



POLITICAL MANUAL. 



Congress or the rule of the couit any otherwise 
than one who had been loyal to the Government 
througliout Vhe war. 

The facts in Garlanrl's case required the Court 
to go no farther than this, but the opinion does 
go farther, and pronounces, in effect, that Gar- 
land would have been entitled to continue to 
practice in that Court, even without having been 
parcfencd by the President for his treason, on 
the grouud that to deprive him of the right to 

t)ursue his profession in that Court would have 
)cen a penalty inflicted for iiis oflence, to which 
he was not liable at the time of its commis- 
sion. 

Although there is one passage in this opinion 
which seems to go even bej'ond this, and lo ad- 
vance the doctrine that the Court had no right 
to debar a man from admission to the profession 
on account of crimes previously committed, yet 
I am not disposed to believe that the Court in- 
tended to advance or to advocate, even obiter, a 
doctrine so extreme as that. If such, however, 
be the fair construction of the opinioi:, (and 
nothing short of such construction will answer 
the object of either of the motions now under our 
consideration,) I am constrained to avow my un- 
willingness to obey the doctrine thus promulged. 
In the first place," the facts in the case of Gar- 
land called for no such decision ; and, in the sec- 
ond place, having the absolute right ourselves 
to prescribe our own rules for admission to the 
bar, as has been already shown, we are not re- 
c[uired to do violence to our convictions, in fol- 
lowing such an interpretation of the Constitu- 
tion, when given even by the eminent justices 
■who concurred in that opinion. The opinion, 
in that respect, not coming to us with mandatory 
authority, I must for myself be permitted to 
look upon it only as the opinion of five gentle- 
men, learned in the law, weighed against the 
contrary opinion of the four other gentlemen, 
equally learned and able, and against the judg- 
ment of the whole legislative branch of the Gov- 
ernment, by which the law was enacted; and 
whilst I acknowledge the importance of the 
principle that res adjudicata pro veritate accipi- 
tur, yet in this matter I am a.t perfect liberty to 
test tlie opinion of these five gentlemen by the 
application of that other maxim of the law, testi- 
raoniajionderandasunt, noanwneranda. Tried by 
this test, it appears to me that the preponderance 
of authority is not on the side of the doctrine of 
the Court's opinion on this point. In Fletcher 
t'8. Peck, 6 Cranch, 87, Chief Justice Marshall 
tays : " The question whether a law be void for 
its repugnancy to the Constitution is at all 
times a question of much delicacy, which ought 
seldom, if ever, to be decided in the affirmative 
in a doubtful case." 

I am of the opinion, therefore, that the deci- 
sion of the Supreme Court in Garland's case, 
even if received as authority and interpreted in 
its widest latitude, falls far short of requiring 
us to declare our rule void for unconstitutional- 
ity. Our rule applies only to persons not yet 
admitted to the bar, and who, therefore, possess 
no "previously acquired right" of which its en- 
forcement can deprive them. 

The rule of tlie Supreme Court was different 
from ours. It required persons already mem- 



bers of that bar to take the oath, under penalty 
of forfeiture of their "previously acquired right." 
Ours has no such operation 

It is true that one branch of the rule of the 
Supreme Court applied, like ours, also to per- 
sons asking for admission to that bar, and wo 
are told that the rule has been wholly rescinded 
— no part of it preserved — in consequence of the 
decision in Garland's case. This may be true, 
but we have received no judicial evidence to 
convince our minds of the fact, and if it has 
been done, it must have been for other reasons 
than those furnished hy the opinion of the court 
in that case. 

In respect to the application of Magruder, the 
case is this : lie is a native of Virginia, but for 
several years previous to the rebellion was a 
citizen of the United States, having his domicile 
in this District, and was a member of the bar of 
the late circuit court of this District. In April 
or Maj-, 1861, he left us, and entered into the 
rebellion on the call of Virginia, and continued 
until the close of the v/ar in armed hostility to 
the United States. 

He has since received the pardon of the Presi# 
dent for his offence, and been admitted to prac- 
tice in the Supreme Court of the United States 
since the decision in Garland's case was made. 

But the fatal objection to his admission to our 
bar is that he is now only applying for admission 
for the first time, and cannot furnish the requi- 
site evidence of a previously acquired right 
whose coyitiniied enjoyment he might demand at 
the hands of the court, and is unable to take the 
oath required by our rule. 

In his case, too, there is an additional reason, 
of great force in our judgment, which forbids his 
admission, and it is this : On being admitted 
to the bar of the late circuit court, he was sworn, 
among other things, " to support the Constitu- 
tion of the United States," and should he be ad- 
mitted to practice in the bar of this court, would 
be required to take the same oath again. This 
oath has a meaning, and was prescribed for an 
object. We understand that it requires him who 
takes it to support the Constitution of the United 
States as the supreme law of the land, in all 
cases in which its provisions come into conflict 
with the constitution or laws of any of the States, 
and in this sense to require a primary and para- 
mount allegiance to the Government of the 
United States. 

Mr. Magruder has told us that in taking up 
arms against the United States he acted consci- 
entiously, and indignantly repels the imputation 
that he had violated his oath to support the Con- 
stitution. He says that he regarded himself as 
under " dualitj^ of allegiance;" that his first and 
paramount allegiance was due to his native State, 
and his secondary and subordinate allegiance 
was due to the United States ; and that it was in 
this belief, honestly entertained, he went into the 
rebellion, in obedience to the call of his State, 
although he was himself of the opinion that the 
rebellion was without any just cause. 

He acknowledges to have had no change of 
opinion on these jioints to the present hour. 

Were we now, with a full knowledge of these 
facts, to admit hiui to take this oath, the cere- 
mony would be a meaningless farce ; we should 



JUDICIAL OPINIONS. 



230 



8v;ear hira in one sense, whilst he would take 
the oaUi in another. 

It would be well, perhaps, that our rule on 
this subject should be so amended as to enable 
gentlemen whose native States may hereafter 
rush into rebellion with-out just cause to see at 
once the path of their duty, and so relieve their 
consciences from any embarrassments originating 
in fanciful theories about a " duality of alle- 
giance." 

Opinion of the Supreme Court on the Mississippi 
Application for an Injunction against the Pres- 
ident and other officers, April 15, 1867. 

Chief Justice Chase delivered the opinion of 
the Court, as follows: 

A motion was made some days since on behalf 
of the State of Mississippi, for leave to file a bill 
in the name of the State, praying this Court per- 
petually to enjoin and restrain Andrew Johnson, 
President of the United States, and E. 0. C. Ord, 
general commanding in the district of Mississipi 
and Arkansas, from executing or in any manner 
carrying out certain acts of Congress therein 
named. 

The acts referred to are those of March 2 and 
March 25, 1867, commonly called the reconstruc- 
tion acts. 

The Attorney General objected to the leave 
asked for upon . the ground that no bill which 
makes the President a defendant and seeks an 
injunction against him to restrain the perform- 
ance of his duties an President, should be allowed 
to be filed in this Court. 

This point has been fully argued, and we will 
now dispose of it. 

We shall limit our inquiry to the question pre- 
sented by the objection, without expressing any 
opinion on the broader issues discussed in argu- 
ment, whether in any case the President of the 
United States may be required by the process of 
this Court to perform a purely ministerial act re- 
quired by law, or may be held answerable, in 
any case, otherwise than by impeachment, for 
crime. 

The single point which requires consideration 
is this: Can the President oe restrained from 
carrying into effect an act of Congress alleged to 
be unconstitutional? 

It is assumed by the counsel for the State of 
Mississippi that the President, in the execution 
of the reconstruction acts, is required to perform 
a mere ministerial duty. In this assumjjtion 
there is, we think, a confounding of the terms 
"ministerial" and "executive," which are by 
no means equivalent in import. 

A ministerial duty, the performance of which 
may in proper cases be required of the head of a 
department by judicial process, is one in respect 
to which nothing is left to discretion. It is a 
simple, definite duty, arising under conditions 
admitted or proved to exist or imposed by law. 

The case of Marbury vs. Madison, Secretary 
of State, furnishes an illustration. A citizen had 
been nominated, confirmed, and appointed a jus- 
tice of the peace for the District of Columbia, 
and his commission hn,d been made out, signed, 
and sealed. Nothing remained to be done except 
delivery, and the duty of delivery was imposed 
by law on the Secretary of State. It was held 



that the performance of this duty might be en- 
forced by mandamus issued from a court having 
jurisdiction. 

So in the case of Kendall, Postmaster General, 
vs. Stockton and Stokes, (12 Peters, 527.) An 
act of Congress had directed the Postmaster Gen- 
eral to credit Stockton and Stokes with such sums 
as the Solicitor of the Treasury should find due 
to thera, and that ofiicer refused to credit, them 
with certain sums so found due. It was hold 
that the crediting of this money was a mere 
ministerial duty, the performance of which 
might be judicially enforced. 

In each of these cases nothing was left to dis- 
cretion. There was no room for the exercise of 
judgment. The law required the performance of 
a single specific act ; and that performance, it 
was held, might be required by mandamus. 

Very difi'erent is the duty of the President in 
the exercise of the power to see that the laws are 
faithfully executed, and among those laws the 
acts named in the bill. By the first of these acts 
he is required to assign generals to oommand in 
the several military districts, and to detail suf- 
ficient military force to enable such officers to 
discharge their duties under the law. By the 
supplementary act other duties are imposed on 
the several commanding generals, and their du- 
ties must necessarily be performed under the 
supervision of the President, as Commander-in- 
Chief. The duty thus imposed on the President 
is in no just sense ministerial. It is purely ex- 
ecutive and political. 

An attempt on the part of the judicial depart- 
ment of the Government to enjoin the perform- 
ance of such duties by the President might be 
justly characterized, in the language of Chief 
Justice Marshall, as " an absurd and excessive 
extravagance." 

It is true that in the instance before us the 
interposition of the Court is not sought to enforce 
action by the Executive under constitutional 
legislation, but to restrain such action under 
legislation alleged to be unconstitutional. 

But we are unable to perceive that this cir- 
cumstance takes the caseout of the general prin- 
ciple which forbids judicial interference with the 
exercise of executive discretion. 

It was admitted in the argument that the ap- 
plication now made to us is without a precedent, 
and this is of much weight against it. Had it 
been supposed at the bar that this Court would 
in any case interpose to arrest the execution of 
an unconstitutional act of Congress, it can hardly 
be doubted that applications with that object 
would have been heretofore addressed to it. Oc- 
casions have not been infrequent. 

The constitutionality of the act for the annex- 
ation of Texas was vehemently denied. It made 
important and permanent changes in tiie rela- 
tive importance of States and sections, and was 
b)' many supposed to be pregnant with disas- 
trous results to large interests in particular 
States. But no one seems to have thought of an 
application for an injunction against the execu- 
tion of the act by the President. 

And yet it is difBci;lt to perceive upon what 
principle the application now before us can be 
allowed, and similar applications in that and 
other cases could have been denied. 



240 



POLITICAL MANUAL. 



The fact that no such application was ever 
before made in any case inuicates the general 
judgment of the profession tliat no such applica- 
tion should be entertained. 

It will hardly be contended that Congress can 
interpose, in any case, to restrain the enactment 
of an unconstitutional law, and yet how can the 
riglit to judicial interposition to prevent such an 
enactment, wlien the purpose is evident and the 
execution of tliat purpose certain, be distin- 
guished in principle from the right to such in- 
terjiosition arainst the execution of such a law 
by the President? 

The Congress is the legislative department of 
the Government ; the President is the executive 
department. Neither can be restrained in its 
action by the judicial department, though the 
acts of both, when performed, are m proper 
cases subject to its cognizance. 

The impropriety of such interference will be 
clearly seen upon consideration of its probable 
consequences. 

Suppose the bill filed and the injunction 
jirayed for be allowed. If the President refuse 
obedience, it is needless to observe that the Court 
is without power to enforce its process. If, on 
the other hand, the President complies with the 
order of the Court, and refuses to execute the act 
of Congress, is it not clear that a collision may 
occur between the executive and legislative de- 
partments of the Government? May not the ■ 
House of Representatives impeach the President ^ 
for such refusal? And in that case could tliis • 
Court interpose in behalf of the President, thus 
endangered by compliance with its mandate, and 
restrain by injunctiou the Senate of the United 
States from sitting as a court of impeachment? 
Would the strange spectacle be oft'ered to the 
public wonder of an attempt by this Court to ar- ; 
rest proceedings in that court? I 

These questions answer themselves. It is ; 
true that a State may file an original bill in this 
Court ; and it may be true, in some cases, such 
a bill may be filed against the United States. 
But we are fully satisfied that this Court has no 
jurisdiction of a bill to enjoin the President in j 
tlie performance of his official duties, and that 
no such bill ought to be received by us. j 

It has been suggested that the bill contains a 
prayer that if the relief sought cannot be had 
against Andrew Johnson as President, it maybe 
granted against Andrew Johnson as a citizen of 
Tennessee. But it is plain that relief against I 



the execution of an act of Cong^ oy Andrew 
Johnson is relief against its execution by the 
President. A bill praying an injunction against 
the execution of an act of Congress by the in- 
cumbent of the presidential ofljoe cannot be re- 
cei\'ed, whether it describes hiu- as President or 
simply as a citizen of a State. The motion for 
leave to file the bill is therefore denied. 

In the case of The State of Georgia against 
certain ofliL-ers, the Attorney General makes nc 
objection to the policy of the bill, and we will, 
therefore, grant leave to file that bill. 

Mr. Sha.rkey. If the Court please, the objec- 
tion to the bill which I att^.mpted to file seems 
to be that it is an eftbrt to enjoin the President. 
The bill is not filed, and 1 can reform it to suit 
tlie views of the Court, and present it again. 

The Cliief Justice. Leive to file the bill is re- 
fused. When another bill is presented it will be 
considered. 

Mr. Sharkey': Do 7 understand the Court to 
say that the application can be made on Thurs- 
day ? 

The Chief Justice. On Thursday. 

This subpoena was issued in the case, April IG 
18G7: 

The State of Georgia, complainant rs. Edwin 
M. Stanton, Ulysses S. Grant, and John Pope, 
defendants. In equity. 
The President of the XJnifed States to Edwin II. 

Stantoii, Ulysses S. Orant, and JoJni Pope, 

greeting : 

For certain causes offered before the Supreme 
Court of the United States, holdino; jurisdiction 
in equity, you are hereby commanded that, la}'- 
ing all other matters aside, and notwithstanding 
any excuse, you be and appear before the said 
Supjreme Court, holding jurisdiction in equity, 
on the first Monday in December next, at tlie 
city of Washington, in the District of Columbia, 
being the present seat of the National Govern- 
ment of tlie United States, to answer unto the 
bill of complaint of the State of Georgia in the 
said Court exhibited against you. Iiereof you 
are not to fail at j-our peril. 

Witness: The Honorable Salmon P. Ch.\se, 
Chief Justice of the said Supreme Court, at the 
city of Washington, the first Mondaj- of Decem- 
ber, in tlie year of our Lord one thousand eight 
hundred and sixty -six. and of the Independence 
of the United States of America the ninety-first. 

D. W. MiDDLETOX, 

Clerh of the Supreme Court of the U. S. 



XXI. 



RESOLUTIONS OF NATIONAL AND STATE CONVENTIONS. 



Of the Philadelpliia Fourteenth of August Con- 
vention- 
They were reported August ITth, by Hon. 
Edgar Cowan, cnairman of the committee on 
resolutions, and were unanimously adopted: 

DECLARATION OF TltlNrlPLES. 

The National Union Convention, now assem- 
bled in the city of Philadelphia, composed of 



delegates from every State and Territory in the 
Union, admonished by the solemn lessons which, 
for the last five years, it has i leased the Supreme 
Ituler of the Universe to giv « to the American 
people ; profoundly grateful for the return of 
peace; desirous, as are a large majority of their 
countrymen, in all sincerity, to forget and for- 
give the past; revering the Constitution as it 



RESOLUTIONS OF CONVENTIONS. 



241 



..•omes to us from our ancestors; regarding the 
Union in its restoration as more sacred than ever; 
looking with deep anxiety into tlie future, as of 
instant and continuing trials, hereby issues and 
proclaims the following declaration of principles 
and purposes, on which they have, with perfect 
unanimity, agreed: 

1. We hail with gratitude to Almighty God 
the end of the war and the return of peace to 
our afflicted and beloved land 

2. The ^;;;ir just closed has maintained the 
authority oi the Constitution, with all the powers 
which it confers, and all the restrictions which n 
imposes upon the General Government, una- 
bridged and unaltered, and it has preserved the 
Union, with the equal rights, dignity, and au- 
thority of the States perfect and unimpaired. 

3. Kepresentation in the Congress of the United 
States and in the electoral college is a right recog- 
nized by the Constitution as abiding in every 
State, and as a duty imposed upon the peo[)le, 
fundamental in its nature, and essential to the 
existence of our republican institutions, and 
neither Congress nor the General Government 
has any authority or power to deny this right to 
any State or to withiiold its enjoyment under 
the Constitution from the people thereef. 

4. We call upon the [leople of the United 
States to elect to Congress as members thereof 
none but men who admit this fundamental right 
of representation, and who will receive to seats 
therein loj'al representatives from every State in 
allegiance to the United States, subject to the 
constitutional right of each Hou«e to judge of 
the elections, returns, and qualifications of its 
own members. 

5. The Constitution of the United States, and 
the laws made iu pursuance thereof, are the su- 
preme law of the land, anything in the consti- 
tution or laws of any State to the contrary not- 
withstanding. All the powers not conferred by 
the Constitution upon the General Government, 
nor prohibited by it to the States, are reserved 
to the States, or to the people thereof; and 
among the rights thus reserved to the States is 
the right to prescribe qualifications for the elec- 
tive franchise tlierein, with which right Congress 
cannot interfere. No State or combination of 
States has the right to withdraw from the Union, 
or to exclude, through their action in Congress 
or otherwise, any other State or States from the 
Union. The Union of these States is perpetual. 

6. Such amendments to the Constitution of 
the United States may be made by the people 
thereof as they may deem expedient, but only in 
the mode pointed out by its provisions; and in 
proposing such amendments, whether by Con- 
gress or by a convention, and in ratifying the 
same, all the States of the Union have an equal 
and an indefeasible right to a voice and a vote 
thereon. 

7. Slavery is abolished and forever prohibited, 
and there is neither desire nor purpose on the 
part of the southern States that it should ever 
be re-established upon the soil, or within the ju- 
risdiction of the United States ; and the enfran- 
chised slaves in all the States of the Union should 
receive, in common with all their inhabitants, 
equal protection in every right of person and 
property. 



8. While we regard as utterly invalid, and 
never to be assumed or made of binding torce, 
an}'' obligations incurred or undertaki^n in mak- 
ing war against the United States, we liold tha 
debt of liie nation to be sacred and inviolable; 
and we proclaim our purpose in discharging this, 
as in performing all other national obligation", to 
maintain unimpaired and uuimpeached thv. lionor 
and the faiih of the Republic. 

9. It is the duty of the national Government 
to recognize the services of the Federal soldiers 
and sailors in the contest just closed, by meeting 
promptly and fully all their just and rightful 
claims for the services they have rendered the 
nation, and by extending to those of them who 
have survived, and to the widows and or[-liana 
of those who have fallen, the most generous and 
considerate care. 

10. In Andrew Johnson, President of the Uni- 
ted States, who, in his great office, has proved 
steadl'ast in his devotion to the Constitution, the 
laws, and interests of his country, unmoved by 
persecution and undeserved reproach, having 
faith unassailable in the people and in the prin- 
ciples of free governm.ent, we recognize a Cliief 
Magistrate worthy of the nation, and equal to 
the great crisis upon which his lot is cast; and 
we tender to him in the discharge of his high and 
responsible duties, our profound respect and as- 
surance of our cordial and sincere support. 

Of the Philadelphia Convention of Southorn Loy- 
alists. 

They were reported by Hon. Andrew J. Ham- 
ilton, of Texas, chairman of the committee on 
resolutions, and unanin>ously adopted : 

1. That the loyal people of the South cordi- 
all}'- unite with the people of the North in 
thanksgiving to Almighty God, through whose 
will a rebellion unparalleled for its causelessness, 
its cruelty, and its criminality has been over- 
ruled to the vindication of the supremacy of the 
Federal Constitution over every State and Ter- 
ritory of the Republic. 

2. That we demand now, as we have de- 
manded at all times since the cessation of hostili- 
ties, the restoration of the States in which we 
live to their old relations with the Union, on the 
simplest and fewest conditions consistent with 
the j)rotection of our lives, property, and politi- 
cal rights, now in jeopardy from the unquenched 
enmity of rebels lately in arms. 

3. Tiial the unhappy policy pursued by An- 
drew Johnson, President of the United States, 
is, in its effects njion the loyal people of the 
South, unjust, oppressive, and intolerable; and 
accordingly, however ardently we desire to see 
our respective States once more represented in 
the Congress of the nation, we would deplore 
their restoration on the inadequate conditions 
prescribed by the President, as tending not to 
abate, but only to magnify the perils and sor- 
rows of our condition. 

4. That with pride in the patriotism of the 
Congress, with gratitude for the fearless and per- 
sistent support they have given to the cause of 
loyalty, and their efforts to restore all the States 
to their former condition as States in the Ameri- 
can Union, we will stand by the positions taken 
by them, and use all means consistent with a 



242 



POLITICAL MANUAL. 



peaceful and lawful course to secure the ratifica- 
tion of the amendments to the Constitution of 
the United Slates, as proposed by the Congress 
at its recent session, and regret that the Con- 
gress, in its wisdom, did not provide by law for 
the greater security of the loyal people in the 
States not yet admitted to representation. 

5. That the political power of the Government 
of the United States m the administration of 
public affairs, is, by its Constitution, confided to 
the popular or law-making department of the 
Government. 

6. That the ](olitical status of the States lately 
in rebellion to the United States Government, 
and the rights of the people of such States, are 
political questions, and are therefore clearly 
within the control of Congress to the exclusion 
of the independent action of any and every 
other department of the Government. 

7. That tiiere is no right, political, legal, or 
constitutional, in any State to secede or with- 
draw from tlie Union ; that they may, by wicked 
and unauthorized revolution and force, sever the 
relations which they have sustained to the Union; 
and when they do so. and assume the attitude of 
public enemies at war with the United States, 
they subject themselves to all the rules and prin- 
ciples of international law, and the laws which 
are applicable to belligerents, according to modern 
usage. 

8. That we are unalterably in favor of the 
Union of the States, and earnestly desire the 
legal and speedy restoration of all the States to 
their proper places in the Union and the estab- 
lishment in each of them of influences of patri- 
otism and justice by wliich the whole nation 
shall be combined to carry forward triumphantly 
the principles of freedom and progress, until all 
men of all races shall everywhere beneath the 
flag of our country have accorded to them freely 
all that their virtues, intelligence, industry, pat- 
riotism and energy may entitle them to attain. 

9. That the organizations of the unrepresented 
State.^, assuming to be State governments, not 
having been legally established, are not legiti- 
mate governments until reorganized by Congress. 

10. That the welcome we have received from 
the loyal citizens of Philadelphia, under the 
roof of the time-honored Hall in which the Dec- 
laration of Independen'-e was adopted, inspires 
us with an animating hope that the principles 
of just and equal government, wliicli were made 
the foundation of the Republic at its origin, shall 
become the cornerstone of reconstruction. 

11. Tliat we cherish with tender hea.rts the 
memorv of the virtues, patriotism, sublime faith, 
upright Cliristian life, and generous nature of the 
martyr President, Abraham Lincoln. 

12. Tiiat we are in favor of universal liberty 
the world over, and feel the deepest sympathy 
with the oppressed peoples of all countries in 
their struggles for freedom and the inherent right 
oi all men to decide and control for themselves 
Ihfc character of the government under which 
they live. 

13. That the lasting gratitude of the nation is 
due the men who bore the hardships of the bat- 
tle, and, in covering themselves with imperish- 
able glory, have saved to the world its hope of 
free govtroraent; and relying upon the " invin- 



cible soldiers and sailors" who made the grand 
army and navy of the Republic to oe true to 
the principles lor which they fought, we pledge 
them that we will stand by them in maintaining 
the honor due tlie saviors of the nation, and in 
securing:; the fruits of their victories. 

14. That, remembering with profound grati- 
tude and love the precepts of Washington, we 
should accustom ourselves to consider the Union 
as the primary object of our patriotic desire, 
which has heretofore sustained us with great 
power in our love of the Union, when so many 
of our neighbors in the South were waging war 
for its destruction ; our deep and abiding love for 
the memory of the Father of his Country and 
for the Union is more deeply engraven upon our 
hearts than ever. 

After the adjournment of this convention, the 
loyalists of the non-reconstructed States met and 
adopted an address, closing with this declara- 
tion : 

" We affirm that the loyalists of the South look 
to Congress with affectionate gratitude and con- 
fidence, as the only means to save us from per- 
secution, exile, and death itself; and we also de- 
clare that there can be no security for us or our 
children ; there can be no safety for the country 
against the fell spirit of slavery, now organized 
in the form of serfdom, unless the Government, 
by national and appropriate legislation, enforced 
by national authority, shall confer on every citi- 
zen in the States we represent the American birth- 
right of impartial suffrage and equality befora 
the law. This is the one all-sufficient remedy. 
This is our great need and pressing necessity." 

The vote was as follows : Texas, 10 yeas ; 
Louisiana, 14 yeas; Virginia, 28 yeas, 3 nays; 
Georgia, 8 yeas, 1 nay; Alabama, 2 yeas, 3 
nays; Mississippi, 1 yea; Arkansas, 2 yeas; 
North Carolina, 1 yea, 2 nays ; Florida, 2 
yeas, 1 nay. 

Pittsburgh Convention of Soldiers and Sailors, 
September 26, 1866. 

General Benjamin F. Butler reported these 
resolutions, which were adopted unanimously: 

By the soldiers and sailors of the army and 
navy of the United States, in convention assem- 
bled, be it 

Resolved, That the action of the present Con- 
gress in passing the pending constitutional 
amendment is wise, prudent, just. It clearly 
defines American citizenship, and guaranties all 
his riglits to every citizen. It places on a just 
and equal basis the right of representation, 
making the vote of 0. man in one State equally 
potent with the vote of another man in any 
State. It righteously excludes from places of 
honor and trust the chief conspirators, guiltiest 
rebels, whose perjured crimes have drenched the 
land in fraternal blood. It puts into the very 
frame of our Government the inviolability of the 
national debt and the nullity forever of a!l obli- 
gations contracted in support of the rebellion. . 

2. That it is unfortunate for the country that 
these propositions have not been received in the 
spirit of conciliation, clemency, and fraternal 
feeling in which they were oflered, as they are 
the mildest terms ever granted to subdued rebels. 

3. That the President, as an executive officer, 



RESOLUTIONS OF CONVENTIONS. 



248 



has uo right to a policy as against the legis- 
lative department of the Government; ihat 
his attempt to fasten his scheme of reconstn""- 
iion upon the country is a^ dangerous as it is 
unwise; his acts in sustaining it have retarded 
the restoration of peace and unity ; they have 
converted conquered rebels into irapudent claim- 
ants to rights which they have iorieited, and 
places which they have desecrated. If consum- 
mated, it would render the sacrifices of tiie na- 
tion useless, the loss of the lives of our kuried 
comrades vain, and the war in which we have 
fo gloriously triumphed, what his present friends 
at Chicago in 186-1 declared to be a failure. 

4. That the right of the conqueror to legislate 
for the conquered has been recognized by the 
public law of all civilized nations; by the oper- 
ation of that law for the conservation of the 
good of the whole country, Congress has the un- 
doubted right to estaljlish measures for the con- 
duct of tlie revolted States, and to pass all acts 
of legislation that are necessary for the complete 
restoration of the Union. 

5. That when the President claims that by 
the aid of the army and navy he might have 
made himself dictator, he insulted every soldier 
and sailor in the Republic. He ought distinctly 
to understand that the tried patriots of this na- 
tion can never be used to overthrow civil liberty 
or popular government. 

6. Tliat the neutrality laws should be so 
amended as to give the fullest liberty to the cit- 
izen consistent with the national faith ; that the 
great Union Republican party is pledged to sus- 
tain liberty and equalitj'- of rights everywhere, 
and therefore we tender to all peoples struggling 
for freedom our sympathy and cordial co-opera- 
tion. 

7. That the Union men of the South, without 
distinction of race or color, are entitled to the 
gratitude of every loyal soldier and sailor who 
served his country in suppressing the rebellion, 
and that in their present dark hours of trial, 
when they are being persecuted by thousands, 
solely because they are now, and have been, true 
to the Government, we will not prove recreant 
to our obligations, but will stand by and protect 
with our lives, if necessary, those brave men 
who remain true to us when all around are false 
and faithless. 

8. That in reorganizing the Army justice to 
the volunteer officers and soldiers demands that 
faithful and efficient service in the field ought 
ever to have place in the army and navy of the 
Union. 

Cleveland Convention of Soldiers and Sailors, 
September 18, 1866, 

Col. L. D. Campbell reported these resolu- 
tions, which were adopted unanimously : 

The Union soldiers and sailors who served in 
the army and navy of the United States in the 
recent war for the suppression of the insurrec- 
tion, the maintenance of the Constitution, the 
Government, and the flag of the Union, grateful 
to Almighty God for His preservation of them 
through the perils and hardships of war, and for 
His mere}' in crowning their efforts with victory, 
freedom, and peace; deploring the absence from 
their midst of many brave and faithful comrades 



who had sealed with their life-blo'id their devo- 
tion to the sacred cause of American nationality, 
and determined now as heretofore, to stand by 
the principles for which their glorious dead have 
fallen, and by which the survivors liave triumph- 
ed, being assembled in National Mass Conven- 
tion in the city of Cleveland, Ohio, this 17th day 
of September, 1866, do resolve and declare — 

1. That we heartily approve the resolutions 
adopted by the National Union Convention held 
in the city of Philadelphia, on the 34th day of 
August last, composed of delegates representing 
all the States and Territories of the United 
States. 

2. That our object in taking up arms to sup- 
press the late rebellion was to defend and maintain 
the supremacy of tlie Constitution, and to pre- 
serve the Union with all the dignity, equality, 
and rights of the several States unimpaired, and 
not in any spirit of oppression, nor for any per 
pose of conquest and subjugation ; and that 
whenever there shall be any armed resistance Vo 
the lawfully constituted authorities of our na- 
tional Union, either in the South or in the Nortli. 
in the East or in the West, emulating the self- 
sacrificing patriotism of our revolutionary fore- 
fathers, we will again pledge to its support "our 
lives, our fortunes, and our sacred honor." 

STATE CONVENTIONS, 1867. 

Connecticut. 

Republican, January 24. 

1. That the result of the elections of the last 
autumn affords new proof of the devotion of the 
American people to the fundamental principles 
of free government, and of their determination 
to establish and confirm a Union based upon 
those principles only ; that we congratulate each 
other and the country upon that auspicious re- 
sult, and pledge ourselves that Connecticut, in 
this respect, shall emulate the example of her 
loj'al sister States. 

2. That the pending amendment to the Fed- 
eral Constitution, in the generous magnanimity 
of the terms which it proposed to the late insur- 
gents, deserved and should have received their 
grateful recognition ; that its rejection by them 
proceeds from a still prevailing spirit of rebel- 
lion, and imposes upon the national authority 
the duty of establishing the Union upon none 
other than just and durable foundations ; that, 
in so doing, loj^alty to the Republic should be 
recognized as tlie first of political virtues, and 
disloj'alty as the worst of political crimes, and 
that the protection of all citizens throughout 
the Republic in the exercise of all the rights and 
immunities guarantied by the Constitution should 
be inviolably secured. 

3. That the only just basis of human govern- 
ments is the consent of the governed ; that, in a 
representative republic, such a consent is ex- 
pressed through' the exercise of the suffrage by 
the individual citizen, and that the right to that 
exercise should not be limited by distinctions of 
race or color. 

4. That in any revision of the revenue system 
the duties upon imports should be adjusted with 
a view to the encouragement of American indus- 
try, without impairing the public revenue, and 



244 



POLITICAL MANUAL. 



thai the burdens now imposed by internal tax- 
aiior shouhl be alloviatetl as far as possible, and 
especially by the reduction of existing taxes 
upon incomes and sales 

5. Tliat in the administration of State policy 
we arc in favor of a rigid economy in expendi- 
tures, and permanent provision for the steady 
reduction and final payment of tlie State debt. 

6. That the Republican party is identified in 
its history, and by its essential principles, with 
the rights, tlie interests, and the dignity of labor ; 
that by all tlie record of that history and all the 
panctity of those [)rinciples it is bound in sym- 
pathy with the toiling masses of society, of 
whom is composed the great proportion of its 
number, and that the workingmen of Connecti- 
cut will receive at its hands ever}- needed legis- 
lative remedy of the evils of which they com- 
plain. 

7. That the present salutary law concerning 
the employment of cliildren in manufactories 
and education of such children should be ren- 
dered more efficient in its operation and more 
rigidly enforced. 

8. That the Republican party regards with 
earnest solicitation the struggles of o]jpressed 
nationalities toward independence and purer 
liberty, and that it extends its earnest sympathy 
to Crete, to Ireland, and to Mexico, in their 
heroic efforts to liberate themselves from hated 
foreign dominion. 

9. Tliat the so-called Democratic Convention 
at New Haven, by its malignant spirit of hos- 
tility to the Federal authority, its deliberate at- 
tempt to renew the horrors of civil war, and its 
eanction of tiie treasonable utterances of its more 
prominent members, deserves, and should receive, 
the unqualified condemnation of every lover of 
of the National Union. 

10. That a grateful people will never forget 
or cease to revere the heroic soldiers and sailors 
who, during the dark days of the rebellion, de- 
voted their strength, their constancy, and their 
valor to the overthrow of an unholy rebellion, 
and rescued the country from its peril, and es- 
tablished the Government on the rock of univer- 
sal liberty. 

11. That we heartily recommend to the peo- 
ple of this commonwealth the gentlemen nomi- 
nated by tliis Convention for State officers, and 
pledge ourselves to their cordial support and 
tjriumphant election. 

Demockatic, J.^nuary 8. 

Whereas, it becomes a free and intelligent peo- 
ple, justly jealous of their rights and liberties, 
to frankly and fearlessly assert their views upon 
all great and important public questions ; a^nd 

Whereas, when armed resistance to the author- 
ity of tlie United States ceased each of the several 
States that had been in antagonism to the Gov- 
ernment became, by the inherent force of the 
Constitution and the fundamental principles upon 
which our system of government is based, rein- 
Btated and restored to all their righta and privi- 
leges ; and 

Whereas, the Supreme Court of the United 
States has declared " that if military government 
is continued after the courts are reinstated, it is 
a gross usurpation of power. Martial rule can 
never eiist where the courts are open and in the 



proper and unobstructed exercise of their jtiris- 
diction :" Therefore, 

lies'Aved, That each and all of the States that 
were arrayed in armed ojiposition to the author- 
it}' of the Government of the United States, hav- 
ing ceased such o[iposilion, are now entitled to 
re[ireseniation in the Congress of the United 
States, and to all other rights and privileges ap- 
pertaining to the States of the Union. 

2. That the Congress of the United States, in 
its present exclusion of the Senators and Repre- 
sentatives of said States ; in its open and avowed 
determination to destroy the organization and 
subvert the authorities of said fetates, violates 
and undermines the Constitution of the United 
States, attacks the very principles that lie at the 
foundation of our system of government, and 
strikes a fatal blow at ttie financial and commer- 
cial and industrial interc-sts of the entire people 
of the Union. 

3. That the Congress of the United States, in 
all its legislation, in its act levying internal 
taxes upon all the States, including the said 
States expressly by name; in its act prescribing 
the number of Representatives in Congress for 
all the States ; in its act in submitting the con- 
stitutional amendment abolishing slavery to all 
the States; in its act of last session, submitting 
another yiroposed constitutional amendment to 
all the States; in its joint resolution, passed 
with almost entire unanimity, declaring the ob- 
ject of the war to be " to defend and maintain 
the supremacy of the Constitution, and lo pre- 
serve the Union with all the dignity, equality 
and rights of the several States unimpaired;" 
and in other acts has uniformly, from the com- 
mencement of the civil war to the present time, 
in the most deliberate manner, recognized said 
States as existing States, and as States in the 
Union. 

4. That the executive department of tlie Uni- 
ted States, by its proclamations, its administra- 
tive action, and in its diplomatic intercourse 
with foreign Powers, has uniforml}^ recognized 
all the said States as existing States, and as 
States in the Union. 

5. That the judicial department of the United 
States, including the Supreme Court at Washing- 
ton, the circuit courts in the several circuits, and 
the district courts in their respective districts, 
has uniformly recognized the said States as ex- 
isting States, and as States in the Union. 

6. That this repeated recognition of said States 
as existing States, and as States in the Union, 
by the executive, judicial, and legislative de- 
partments of the Government, leaves no ques- 
tion that the exclusion of these States from Con- 
gress, governing them and taxing them without 
representation, is not only a violation of the 
Federal Constitution in its most essential part, 
and tyranny as defined by the Declaration of 
Independence, but a most flagrant breach of 
public faith, alike prejudicial to the best inter- 
ests and to the honor of the country. 

7. That in the Supreme Court of the United 
States we possess a tribunal that may be justly 
termed the bulwark of republican liberty, and 
in the language of its eminent jurists, 

"The Constitution of the United St:ites is law for rnlors 
and people, rquaUij in war and in peace, and cov'>rs with 
its shield of protfccUon all classes of men under a\\ circum* 



RESOLUTIONS OF CONVENTIONS. 



245 



«tn vces." * * " No doetriue involving more pernicious 
coiseqnenceswns ever invented liy tl e wit olniaii, tli: n that 
»Dy cl its provisions cmd be suspended during any of tlie 
great exigencies of government. Surii a I'.octrine loads di- 
rectly to tinareliy or despotism. But the theory ot7tecesstl>/, 
open wliith this "is based, is false, tor the government within 
the Constitution lias the powers granted to it which aro 
necessary to preserve its existence." 

Thus, the Supreme Court of the United States 
:n 1866, vindicates and sustains the positions 
assumed and announced by the Democracy of 
Connecticut in convention in 1S63. 

8. That after solemn deliberation, it is the 
opinion of this convention that the suggestion of 
our conservative brethren of Kentucky, that a 
convention of the Democracy and all constitu- 
tional Union men of the thirty-six States should 
be called without delay by the National Demo- 
cratic Committee ; and we respectfullj'' suggest 
that said convention meet in the city of New 
York on the 4tli day of March next, to advise 
and counsel upon the great questions that agi- 
tate the public mind ; to protest against the rev- 
olutionarj'- and unconstitutional acts of the pres- 
ent majority of Congress ; to announce the 
determination of the conservative men of the 
Union ; to resist and oppose by constitutional 
exercise of power the disorganizaiion of States 
and the destruction of State authority. 

9. That the thanks of every yiatriotic citizen 
are eminently due the President of the United 
States for his repeated exercise of the Executive 
power in behalf of the Constitution and the 
rights of the States; and we pledge to him our 
Bopport in all his future efforts to the same noble 
end. 

Bhode Island. 

Demockatic, March 11. 

1. That frequent innovations upon our laws 
are pernicious, as tending to confuse the minds 
of the people and destroy that reverence for le 
gal authority which is essential to the perpetuity 
of the State and the safety of tlie citizen. 

2 That we regard the judiciary as the shield 
of the people against the unwise or arbitrary acts 
of popular oj official passion, and that any at 
tempt to wfrnken or override the authority of 
our courts, or lo detract from their dignity, im- 
perils the very existence of the Republic. 

3. That after an exhausting war our whole 
energy should be turned to the development of 
all our internal resources and to the increase of 
our commerce ; that our sj'stem of taxation ought 
to be so adjusted as to bear equally upon all 
classes of the community and all sections of the 
country, to necessitate the least expense in col- 
lection, and relieve as rapidly as possible the 
burden of debt; that our laws ought to be so 
framed as to require the smallest possible number 
of officials in their execution, since a multiplicit)- 
of offices begets arrogance and corruption in the 
holders, and discontent in the people, who un- 
willingl}' lavish that monej' upon the leeches on 
the body politic which should go to nourish the 
body itself. 

4. That the Democratic party, having spent 
much of its blood in a struggle to preserve the 
Union, will watch earnestly and anxiously and 
labor patiently for the same great end in the 
present not less terrible, though bloodless, con- 
test. We believe it to be the duty of all people, 



in all sections of the Republic, to accept the cir- 
cumstances wliich have resulted from war; t« 
endeavor by all means consistent with honor to 
adapt themselves to the new status thus created, 
and to conform to it both in legislation and in 
personal and olEcial regard for each other. As 
to political supremacy, we are content to await 
the hour when the fury of passion gives place to 
the temperance of reason, and the bitterness of 
hate is lost in the lapse of time. 

Maryland. 

Republican, February 27. 

Whereas the present state of national affairs, 
and the action of the coalition which, by the 
treachery of Governor Swann, now usurps the 
power of the Slate, have caused this assembling 
of the Unconditional Union men of Maryland, 
and render proper a clear utterance on all the 
issues of tlie times: Therefore, 

Resolved, hy the Republican Union party of 
Maryland, in State Convention assembled. That 
we cordially approve the reconstruction bill 
which has been passed by Congress, and that we 
declare the principles of impartial manhood suf- 
frage contained therein to be the only secure 
basis of reconstruction, and that the time has 
come when its adoption by every State is de- 
manded by every consideration of right and in- 
terest. 

2. That we hail the result of the late elec- 
tion in Georgetown as a practical proof of the 
wisdom of (Congress, and as the omen of loyal 
control over all the South. 

3. That the convention bill now before the 
Legislature is in conflict with the existing con- 
stitution, and can be made valid only by the as- 
sent of the people of the State and the Govern- 
ment of the United States; and that no change 
of the existing constitution can or shall be made, 
or ought to be recognized by Congress, which is 
not made by impartial manhood suffrage, with- 
out respect to color. 

4. That we request the Republican members 
of the State Senate to prepare an amendment 
to said bill basing representation upon popula- 
tion and submitang the question of a conven- 
tion to all the male citizens of the State, and 
providing for a new State government on the 
basis of impartial manhood suffrage ; and that 
we shall insist that any change in the constitu- 
tion shall be made upon this basis, and that no 
State government now erected without impartial 
manhood suffrage ought to be considered repub- 
lican ; and that, in the event of the jiassage of 
the oppressive and anti-republican bill now be- 
fore the Legislature, we will appeal to Congress 
to provide lor the assembling of a convention in 
this State on the basis of tlie reconstruction bill, 
and to organize a loyal State government with 
impartial suffrage. 

5. That further to carry out the object of the 
foregoing resolutions, this convention, when it 
adjourns, stands adjourned to meet at the call 
of its president, on such early day after the ad- 
journment of the Legislature as the president 
may by public notice direct, and in the event of 
the president being prevented by any cause from 
acting, the chairman of the State Central Com- 
mittee be enpowered to make sucii call. 



24G 



POLITICAL MANUAL. 



Repuelican, March 27. 

Whereas the Legislature of Ma-yiand hassince 
the ad|Ournment of this llepublican State Con- 
vention on the 27th of February, passed the con- 
vention bill, in regard to which this convention 
has already in previous resolutions declared its 
judgment, and this convention is now reassem- 
bled as provided for by its fifth resolution on 
the contingency of the passage of said conven- 
tion bill: Therefore, 

Resolved, That we return our thanks to the 
Republican members of the General Assembly 
for their memorial to Congress presented to that 
body on the 25th of March, and this convention 
in behalf of the majority of the people of Mary- 
land appeal hereby to the Congress of the United 
States to grant the request of that memorial.* 

♦The rat niniial is as follows: 
" To the Hnriiyable Senate and HauK of Representatives of the 

"Unilrd S'atrs: 

"The ucdersigned, members of the General Assembly of 
Miirjliuicl, re^ipectfuUy prfsetit this iiipinorial to vour hon- 
orable body on the condition of public affairs in this State, 
to which tiicy ask the ininiediato consideration of the na- 
tioniil legislature. The Oeneral Assembly of Maryland is 
about to adjourn, after a session as memorable for evil and 
as important to the country as that which consigned the 
legislature of 1861 to the casemates of Fort Warren. Elected 
in great jiart by the deliberate violation of the election laws 
of the State by the votes of men who were in active acco d 
vjith Ihe rebellion, and v.hose hatred to the Government 
rendered the piesence of military force during the war ne- 
cessary to prevent their active aid to the rebels inarms, and 
in spite of which they did give large aid in men and money, 
• they have marked their session by a series of acts to which 
we desire to call your attention. 

'•The rebebs of .Maryland sent South during the war some 
20,000 soldiers to the rebel army These men have nearly 
all returned, and an emigration from the South since the 
war h;us largely added to their number. By doubtful con- 
struction of a clause of the existing constitution, this Gen- 
eral Assembly, thus elected, has enfranchised all white 
men, Uf) matter what treason they have committed, and 
thus have added to the voting population about 30,000 per- 
sons who have only lately ceased an armed resistance to the 
Government. Not satisfied with this, they have just pas.sed 
H m litia bill, which, in direct defiance to the present consti- 
tution of the State, has made nil white rebels, no matter 
what theirprevious treason, part of the militia force. They 
have, by deliberate vote, refused to exclude, even from tiie 
)iighest olHce under this law, any person, no matter v.iiat 
his rank in the rebel army, and they are about to put in 
force this law, the effect oif which is against our own consti- 
tution and the army laws of Congress, and which puts in 
the rear of the capital an armed force, composed largely of 
the same men who have just been forced to cease armed at- 
tempts to capture the capital. 

"One great object of this bill is to better carry out the 
scheme of revolutionizing the government of the State, 
abolishing the existing constitution, and making another, 
wtlll more fiimly fiistening on the necks of loyal people the 
yoke of rebel control. The present constitution of Mary- 
land, while it lioes not allow colored sufl'rage, does not give 
to the late masters the right to represent in the le^islaiure 
their disfranchised freedmen. It bases representation oa 
white population. These conspirators, not satisfied with 
Controlling the legislative and executive deparlmeuts, have 
passed a bill calling an election for a constitutional conven- 
tion on the liith day of April, the convention tomeet on Ihe 
second Monday of May, ISibT. This they liavodone. althotigh 
the constitution provides tliat the legislature shall pass no 
laws providing for a change in the existing constitution ex- 
cept in the mode therein prescrilied; and although thecou- 
Etitiitioii regulates the representation in any convention 
called to make a nev.' constitution by fixing it the same as 
that of each county in the (ieiieral Assembly, they having 
fixed an arbitrary baxis of representation which, while it 
excludes the colored man from the ballot-box, gives to the 
old worn-out counties, which were as rebellions as South 
Carolina, an incrciised representation, by which the oppres- 
sor ii to represent the ojipressed against his will, and by 
which a minoiity of the people of the .>"tato are to hold in 
their proposed convention the same power as t^o majority. 
The Sr.ite of Maryland has at present a colored population 
of at least ".ilOO.tWO, and by enijgratiou since the war perhaps 
•/i',U,0lJO, making a voting jiopulation of from 40,000 to 50,000. 

In moat of tbo couutiog who.40 reprcaeutatlou Uos thus been 



2. That we will oppose any new constitution 
set up in subversion of the existing constitution 
under tiie convention bill which does not express 
the will of the majority of the people without 
regard to color, and that we will, with the aid 
of the loyal representatives of the nation, and^ 
by all means in our power, resist and destroy 
any such constitution as a revolutionary usurpa- 
tion. 

3. That we will take no part in the approach- 
ing election for delegates to a constitutional con- 
vention further than to recommend a general 
vote oi the Republicans of tiie State against the 
call for a convention, and to use every lawful 
means in their power to defeat the call. 

4. That should the call be sustained by a ma- 



illegally increased, the colored popnlation is equal to o» 
greater than th" white. The Iloiise of lo presentatives ol 
the United States has already passed a resolution of inquiry 
whether the present constitution of this State is now repul> 
lican, and since the colored man is now a citizen, it may 
well be doubtful whether a State which excludes for nc 
crime one-fourth of its population who are citizens is re- 
publican. This General Assembly has inaugnnited, how- 
ever, a movement which, from the illegal representatjxms 
made in the bill itself, actually now accomplishes not onlj 
the exclusion of this population from sulfrage, but alec 
gives the disloyal popnlation a representation for them. 

"The jiresent judiciary of the State is for the most par* 
loyal, and one object if this movement is to legislate out all 
the remaining loyal officers whom they have not alreadj 
removed, and place ex-rebels, perhaps brigadiers and colo- 
nels of the rebel army, in their places. Not satisfied with 
the pardon and the charity which Union men have ex.- 
tended, they have commenced a reaction against the results 
of the war, and determined on a policy which, if unchecked, 
destroys a Uyal constitution, and puts in its place one mads 
by traitors, and flagrauily aiitirepublicau, and places an 
armed m litia of disloyal men and a minority govcrnmen* 
of rebel sympathizers and rebels in the complete possessioa 
of this State. 

" While the South is about to commence a career of free- 
dom and progress, these men, untaught by the lessons of the 
past, have determined, by the forms of law. but in re.-il vio- 
lation of both the State "and Federal law, to put this Statt 
back into a condition of darkness and slavery. These acts, 
we submit, are in violation of State and national law, oiv 
pressive, revolutionary, and dangerous to the order and pe.ice 
of this nation. The Union men of Maryland are gro ning 
under this tyranny; they are now oppressed by verdicts of 
disloyal juries in many counties; immigration to the State, 
except from the South, is stopped, and many loyal men are 
deliberating upon leaving the State. The most, however, 
are ready, iiy all personal means, ami at all personal haz- 
ards, to resist this iiif inious attempt at oppression. 

'•The danger of bloodshed is immineut and the times ars 
perilous. We call ui>on Congress not toailiotirn before set- 
tling this grave matter, which, if not settled, may st.irtl* 
them in their recess by something worse than the massn.-r* 
at New Orleans, although not eo unequal and one-s-deil. 
We earnestly ask, on the part of the majority of the people 
of Maryland, dejirived of legal voice except throusb ui, a 
minority if the General Assembly, that Congress will t^uar^ 
aniy to us a republican foim of government on the only 
basis of right, truth, and peace — impartial suffrage, wi iou9 
respect to race or ' olor, as it has already guarantied t ta 
the southern Stales. 

Curtis D.wis, Senator from Caroline. 

Charles E. Tu.ml, Senator from Frederick. 

Jacou Tome, Senator from Cecil. 

Ei.iAS Davis, Senator from Washington. 

IltRT 1!. IIoLTON, Senator fmm Howard. 

James L IJiLLiNosLrA, Senator from I'arroll. 

Edward P. Piiilpot, Senator from Balliniorecountj 

Daniel C imcci:. Delegate from Alleg-.»ny. 

JoNATiivN TouK.Y, Deleg.ite from Washington. 

A. R Appleman, Deleg.ite from Washington, 

Thomas Gorsucii, Delegate from Frederick. 

J. 1'. liisiiop, Delegate from Washington. 

IJI.NJAMIN I'oot., Delegate from Carroll. 

.Tames V Ci:iswell, Delegate from Carroll. 

Jonx L. LINTHICUM, Delegate from Frederick. 

.1. U. KoDZKR, Delegate from Frederick. 

Ili'.NRT Dakkb, Delegate from Frederick. 

H. C. ItAMFORU, Delegate from Washington, 

S. K G 'RC, Delegate from Carroll " 

This memorial was signed by all the Republican mei^bon 
who were present iit Annapolis when it was signed. 



RESOLUTIONS OF CONVENTIONS. 



247 



jority of the voters, that the State Central Com- 
mittee, on ascertaining that result, issue a call 
for district meetings to be held in every election 
district in the State, for the choice bj' ballot, on 
the basis of universal manhood sutfrage, of dele- 
gates to a State constitutional convention, each 
county and the city of Baltimore to elect tiie 
number to which they may be entitled under the 
present constitution of the State. 

5. That said State constitutional convention, 
if called, shall assemble in the city of Baltimore 
on the first Wednesday in June, and proceed to 
form a constitution based on universal manhood 
suffrage. 

6. That courage, wisdom, and action are all 
that is necessary to success, and we call on the 
tried Union veterans of the State, who have been 
hardened by the conflicts of six years of battle 
and agitation, to fly high the banner of liberty 
and Union, and know no end but victory. 

This memorial was presented, and referred to 
the Committee on the Judiciary. 

CALL FOR STATE REPUBLICAN CONVENTION. 

At a meeting of the Republican Union State 
central committee of Maryland, held on Wednes- 
day, April 17, 1867, the following resolutions 
•were unanimously adopted: 

Resolved. That all male citizens of Maryland, 
who are opposed to the organized conspiracj^ 
about to assemble at Annapolis on the 8th day 
of May, are requested to meet in primary assem- 
blages in the various counties and the city of 
Baltimore, at such time as may be most con- 
venient, to elect delegates to a State Republican 
convention, which shall assemble in Baltimore 
city on Tuesday, May 14, at 12 o'clock, m. 

Resolved, Tiiat the State convention will be 
expected to take into consideration the present 
condition of political affairs in the State, and to 
deliberate upon the best method of guaranteeing 
to the people a republican form of government. 
To the primary meetings, the county conventions, 
and the State convention are invited all loyal 
citizens, without regard to past political difier- 
ences, race, or color, who subscribe to the doctrine 
of the Republican Union party. The number 
of delegates to the State convention will not be 
limited; but the counties and the city of Balti- 
more shall be entitled to the same number of 
votes in the convention as they have represent- 
atives in both houses of the General Assembly. 
The members of the State central committee of 
the different counties will announce the day for 
holding the primary meetings, county conven- 
tions, or mass conventions, in the several coun- 
ties, and the executive committee will fix the day 
for the aforesaid purposes in the city of Balti- 
more. Thomas J. Wilson, Chairman. 

J. W. Clayton, Secretary. 

Ohio. 

Democratic, January 8. 
1. Resolved, That the democracy of Ohio 
steadfastly adhere to the principles of the party 
as expounded by the fatliers, and approved by 
experience ; that in accordance with these prin- 
ciples we declare that the Federal Government 
is a government of limited powers, and that it 
possesses no powers but such as are expressly, 
or by necessary implication, delegated to it in 



tlie federal Constitution ; that all other powers 
are reserved to the States or the people; that a 
strict construction of the Constitution is indis- 
pensable to the preservation of the reserved 
rights of the States and the people; that all 
grants of power to Government, whether State 
or federal, should be strictl)' construed, because 
all such grants abridge the natural rights of men; 
that the preservation of the equality and rights 
of the State and tlie rights of the ]ieople is nece.s- 
sary to the preservation of the Union ; that the 
Federal Government is unfitted to legislate for, 
or administer the local concerns of, the States ; 
that it would b'j monstrous that the local afiaira 
of Ohio siiould be regulated by a federal Con- 
gress in which she has but two Senators, and the 
New England States, with but a little greater 
population, have twelve; that the tendency of 
the Federal Government is to usurp the reserved 
rights of the States and of the people ; and that, 
therefore, a centralization of power in its hands 
is an ever-pending danger ; that such an absorp- 
tion of power would, wiiile it lasted, be destruc- 
tive of the liberties and interests of the people, 
and would end either in despotism or a destruc- 
tion of the Union ; that a national debt, besides 
impoverishing the people, fosters an undue in- 
crease of the powers of the Federal Government; 
that high protective tariffs have a like effect, 
sacrificing the interests of the many for the 
emoluments of the few, and plainly violating the 
equity and spirit of the Constitution ; that the 
collection and disbursement of the enormous 
revenues by the Federal Government have the 
same tendency, besides corrupting the Govern- 
ment, and that, therefore, economy is essential 
not only to the prosperity, but also to the liber- 
ties of the people ; that unequal taxation is a 
plain violation of justice, of which no govern- 
ment can safely be guilty; that to each State 
belongs the right to determine the qualification 
of its electors, and all attempts to impair this 
right, either by congressional legislation or 
constitutional amendment, are unwise and des- 
potic ; that the tendency of power is to steal 
from the many to the few, and that, therefore, 
"eternal vigilance is the price of liberty;'' 
that the tendency of the Government is to en- 
large its authority by usurpation, and therefore 
the Government needs to be watched ; that an- 
other of its tendencies is to govern too much — 
unnecessarily and vexatiously interfering with 
the business and habits of the people; that the 
freedom of speech and of the press is essential 
to the existence of liberty; that no person not 
in the military or naval service, or where the 
civil courts are prevented by war or insurrection 
from exercising their functions, can lawfully be 
deprived of life, liberty, or property, without 
due process of civil law ; that the courts should 
always be open for the redress of grievances; 
that no ex post facto law should ever be made; 
that, in the language of the Supreme C( urt, 
" the Constitution of the United States is a law 
for the rulers and the people, equal in war and 
in peace, and covers with the shield of its pro- 
tection all classes of men, at all times and under 
all circumstances No doctrine involving more 
pernicious consequences was ever invented by 
the wit of man than that any of its provisions 



248 



POLIIICAL MANUAL. 



can be suspended during any of the great 
exigencies of government. Such a docrineleads 
directl}' to anarchj^ or despotism ;" that the right 
of tiie people to peaceably assemble and consult 
upon public affairs is inviolable; that the mili- 
tary should be held in due subjection to the 
civil jiower; that while the majority, as pre- 
scribed l)}^ the Constitution, have the right to 
govern, the minority have indefeasible rights; 
and that a frequent recurrence to first principles 
js essential to the welfare of the State and the 
people. 

2. That the States lately in rebellion are States 
in the Union, and have been recognized as such 
by every department of the Government, and by 
I'resident Lincoln, who, in the midst of war, in- 
Tited them to elect members of Congress; by 
President Johnson, in various proclamations and 
ofEcial acts ; by Congress, which permitted An- 
drew Johnson to sit in the Senate as a S^^ititor 
from Tennessee, and members from Vi -ginia, 
Tennessee, and Louisiana to sit in the House of 
Representatives after those States had seceded, 
and while the war was being carried on, and 
which further recognized them as States in the 
Union by the congressional apportionment act, 
providing for their due representation iu Con- 
gress ; by various tax laws, and especially by 
the direct tax; by the resolutions submitting 
amendments to the Constitution for their ap- 
pro'^al, and by various other acts and resolutions 
imparting the same recognition, all of which 
were passed since the attempted becession of those 
States ; by the judiciary of the United States, 
which holds federal courts in all those States, and 
especially by the Supreme Court, which enter- 
tains jurisdiction of cases coming from them, 
which it could not do were they not in the Union. 
That being thus in the Union, they stand on an 
equal footing with their sister State*; — States with 
unequal rights being a thing unknown to the 
Constitution ; that, by the express terms of the 
Constitution, each State is entitled to have two 
Senators and a fair proportion of Representatives 
in the Congress, and to vote in all elections of 
President and Vice President ; that, though these 
rights are subject to interruption by a state of 
civil war, they cannot, in time of peace, be sus- 
pended, much less destroyed, without a plain 
violation of the Constitution ; that tiie assent of 
three-fourths of all the States, whether repre- 
sented in Congress or not, is essential to the val- 
idity of constitutional amendments; that Con- 
gress has no power to deprive a State of its 
reserved rig]its and reduce it to a territorial con- 
dition ; ihat, therefore, the exclusion, by the 
so-called Congre.ss, of all representation from ten 
States, the proposed exclusion of those States 
from all voice in the next presidential election, 
the threatened overthrow of their State govern- 
ments, and the reduction of their States to the 
condition of Territories, are each and every one 
of them unconstitutional, revolutionary, and 
despotic measures, destructive not merely of tlie 
rights of those States, but also of the rights of 
every other State in the Union. That tJiose 
measures are parts of a plan to nullify the Con- 
stitution, to virtually overthrow the State gov- 
ernments, to erect a consolidated despotism on 
their ruins, and to establish and perjietuate a 
tyrannical rule of a minority over a majority of 



the American people. Tha.1 the people cannot, 
without a loss of their liberties, prosperity, and 
honor, submit to such a result; and, therefore, 
in the hope that the warning will be heeded, and 
the danger to our institutions be peaceably 
averted, we do solemnly warn the advocates of 
the plan that it will uot be submitted to. 

3. That Cdngress is not an omnipotent law- 
making power ; tliat the Constitution provides 
that no bill shall become a law without the ap- 
proval of the President, unless it be passed by 
two thirds of each House of Congress; that one 
of the objects of the present so-called Congress iu 
excluding ten States from representation is to 
pass bills by a two thirds vote, which, were all 
the States represented, could not pass, and thus 
to abolish the constitutional provision aforesaid ; 
that if the precedent be acquiesced in there will 
be nothing to prevent a bare majority of Con- 
gress, at any time in the future, from nullifying 
theconstitutional vet oof the President, and usurp- 
ing uncontrolled Ipgislative power by an exclu- 
sion of the minority from their seats ; that the 
exclusion of a single State might give this con- 
trol, and a pretext for such an exclusion would 
never be wanting to an unscrupulous and revo- 
lutionary party. 

4. That the peoi)le, and especially those of the 
agricultural States, have suffered too long the 
exactions of high protective tariffs, and as the 
representatives of an agricultural and laboring 
population, we demand that their substance 
shall no longer be extorted from them in order 
to fill the pockets of eastern monopolists. 

5. That unequal taxation is contrary to the 
first principles of justice and sound policy, and 
we call upon our Government, Federal and State, 
to use all necessary constitutional means to 
remedy this evil. 

6. That the radical majority in the so-called 
Congress have proved themselves to be in favor 
of negro suffrage, by forcing it upon the people 
of the District of Columbia against their wish, 
solemnly expressed at the polls; by forcing it 
upon the people of all the Territories, and by 
their various devices to coerce the people of the 
South to adopt it; that we are opposed to negro 
suffrage, believing it would be productive of 
evil to both whites and blacks, and tend to pro- 
duce a disastrous conflict of races. ' 

7. That for their efforts to uphold the Consti- 
tution, we tender to the President and to the ma- 
jority of the judges of the Supreme Court of the 
United States our hearty thanks. 

8. That we are in favor of a Democratic con- 
vention of delegates from all the States, to be 
held at such time and place as may be agreed 
upon, and that the State centj-al committee be 
authorized to concur with other proper commit- 
tees in fixing time and j)lace, and that we prefer 
Louisville, Kentucky, as the place. 

9. That the Democratic newsfiapers of Ohio 
deserve our earnest and liberal support, and that 
an early and thorough organization of the party 
18 indispensable. 

Tennessee. 

Republican, Febkuary 22, 18G7. 
We, the representatives of the loyal people of 
Tcinnessee, in convention assembled, aie thank- 
ful to Almighty God for the j^iccess of the arms 



RESOLUTIONS OF CONVENTIONS. 



249 



of the United States over the army of traitors, 
who .sought to destroy the best government ever 
known to man, thereby saving us and our poster- 
ity the blessings and privileges of our republican 
institutions, and a solution of the heretofore 
doubtful problem that man is capable of self- 
government. 

" We hold these truths to be self-evident :" 

1. " That all men are created equal, endowed 
with certain inalienable rights," and therefore 
the law should afford equal protection to all in 
the exercise of these rights, and, so far as it can, 
insure perfect equality under the law. 

2. That a State or a nation should be governed, 
controlled, and directed by those who have saved 
it in times of peril, and who seek to preserve it 
with friendly hands from foes and dangers, ex- 
ternal and internal. 

3. That a wis^ are for the public safety some- 
times renders it necessary th^ those who have 
sought resolutely to overthrow a government 
ehould not hastily be restored to the privileges 
of which they have deprived themselves by 
their crime of treason ; certainly not until they 
have shown evidence of sincere repentance, and 
a disposition as energetically to support as they 
have in times past sought to destroy. 

4. That rebellion is disfranchisement, and 
armed attempts to overthrow our common gov- 
ernment treasonable expatriation ; and the pres- 
ent franchise organic law is but the declaration 
©f the handiwork of secession and rebellion. 
Those who have sought our country's ruin can- 
toot be intrusted with its safety. 

5. That lawless violence, reckless disregard of 
the rights of person and property, murder, as- 
uassination, arson, and kindred crimes, must be 
put down by the strong arm of power, and be 
made to feel that law is indeed a terror to evil- 
doers. 

6 Therefore, in accordance with the above 
principles, we fully indorse the policy and ac- 
tion of the General Assembly of the State of 
Tennessee, in restricting the elective franchise 
to those who are not hostile to the Government, 
in extending it to those who proved their loy- 
alty by imperiling their lives, and who need 
this privilege for their own protection, and in 
establishing a military organization which shall 
give necessary physical support to the moral 
power of the State government, becoming a salu- 
tary terror to evil-doers and a cheerful hope to 
those who do well. 

7. That the " privileges and immunities " 
guarantied under the Constitution of our Union 
to the loyal from other States, and the pledge 
of freedom and equality in the declaration of 
American Independence, shall be living truths 
and practical maxims in Tennessee, for the pro- 
tection of " life, liberty, and the pursuit of hap- 
piness." 

8. That we have entire confidence in the in- 
tegrity, wisdom, and ability of the Republican 
Union majority of Congress, and deem it sig- 
nally fortunate that they, in whom alone the 
power resides to restore, preserve, and govern 
the country, have shown themselves so emi- 
nently fitted for these high duties, that no State 
ehould be admitted to representation in Congress 
v/ithout adopting the constitutional amendment. 



9. That the Republican Union party of Ten- 
nessee are in favor of free speech and free dis- 
cussion, and to this end we invite our friends 
from other States to come among ua, and discuss 
the great issues now before the people, and we 
pledge the Republican Union party of Tennes- 
see to tolerate all legitimate discussion, and at 
the same time claiming equal privileges on our 
part ; and that any interference to prevent this 
will be regarded as an unwarranted act, and re- 
sisted to the last extremity. 

10. That we honor the firmness, courage, and 
wisdom which have characterized theadministra- 
tion of our Chief Magistrate, the Hon. Wm. G. 
Brownlow, and while we sympathize with him 
in his bodily suffering, we admire the healthy 
mind, conscious to itself of rectitude, which bears 
with like equanimity the throes of pain and the 
perilous cares of State ; and that we declare him 
the unanimous choice of the loyal people of Ten- 
nessee for our next Governor. 

11. That we cover our faces with shame wheu 
we contemplate the disgrace brought upon our 
beloved State by the defection and degeneracy 
of her unprincipled adopted son, who by the 
bullet of an assassin has ascended to the Chief 
Magistracy of the nation ; and we shall cordially 
endorse any action of Congress which shall legiti- 
mately deprive him of continued power to dis- 
turb the peace of the country. 

" Conservative," April 17, 1867. 

We, the Conservative men of Tennessee, adopt 
the following platform of principles: 

1; We are in favor of the Union of the States 
under the Constitution of the United States. 

2. We are the friends of peace and civil law, 
and that these great objects can be best pro- 
moted by legislation recognizing equal and exact 
justice to all— exclusive privileges to none. 

3. We are in favor of the immediate restora- 
tion of our disfranchised fellow-citizens to all 
rights, privileges, and immunities of full and 
complete citizenship. 

4. That our colored fellow-citizens, being now 
citizens of the United States and citizens of the 
State of Tennessee and voters of this State, are 
entitled to all the rights and privileges of citi- 
zens under the laws and Constitution of the 
United States and of the State of Tennessee. 

5. We are opposed to the repudiation of the 
national debt, and are in favor of equal taxation 
as the proper method of paying the same. 

6. That the establishment of a standing army 
in our State, in time of peace, is a flagrant and 
dangerous encroachment upon the rights and 
liberties of the citizen, heavily oppressive to the 
tax-payer, and evidently designed to overawe 
the voters at the ballot-box. 

7. We cordially approve of the patriotic efforts 
of Andrew Johnson, President of the United 
States, in defending the Constitution, preserving 
the Union of the States, and maintaining the 
supremacy of the laws. 

Alabama. 

Resolutions of the Grand Coitncil of the 

Union League, April, 1867. 

Resolved, That the Alabama Grand Council 

of the Union League of America return thanks 

to the Congress of the United States for its patri- 



250 



POLITICAL MANUAL. 



otic action in affording to all the people an op- 
portunity, on fair term?, to re-organize the gov- 
ernment of the State, to put her destinies into 
the hands of true Union men, and to unite her 
again to her sister States bj^ the only enduring 
bond of unswerving loyalty. 

2. That we hail with joy the recurrence to the 
fundamental principle on which our I'orefathers 
achieved tlieir independence — "that all men are 
created equal ;" that we welcome its renewed 
j)roclamalion asa measure of simple justice to a 
faithful and patriotic class of our fellow-men, 
and that we firmly believe that there could be no 
lasting pacification of the country under any 
sy^em which denied to a large class of our pop- 
ulation that hold upon the laws which is given 
by the ballot. 

3. That while we believe that participatfon in 
rebellion is the highest crime known to the law, 
and that those guilty of it hold their continued 
existence solely by the clemency of an outraged 
but merciful Government, we are nevertheless 
willing to imitate that Government in forgiveness 
of the past, and to welcome to the Republican 
Union party all who, forsaking entirely the prin- 
ciples on which the rebellion was founded, will 
sincerely and earnestly unite with us in estab- 
lishing and maintaining for the future a govern- 
ment of equal rights and unconditional loyalty. 

4. That we consider willingness to elevate to 
power the men who preserved unswerving ad- 
herence to the Government during the war as 
the best test of sincerity in professions for the 
future. 

5. That if the pacification now proposed by 
Congress be not accepted in good faith by those 
who staked and forfeited " their lives, their for- 
tunes, and their sacred honor" in rebellion, it 
will be the duty of Congress to enforce that for- 
feiture by the confiscation of the lands, at least, 
of such a stiff-necked and rebellious people. 

6. That the assertion that there are not enough 
intelligent loyal men in Alabama to administer 
the government is false in fact, and mainly pro- 
mulgated by those who aim to keep treason re- 
Bpectable, by retaining power in the hands of its 
friends and votaries. 

Arkansas. 

Republican, Apkil 5, 1867. 

The people of the State of Arkansas, willincr 
to associate together for the purpose of co-op- 
erating with the National Union Republican 
party of the nation in securing and maintaining 
equal legal and political rights to all the citi- 
zens of the Rejiublic and restore the State to 
its political relations in the Union, now here in 
State convention assembled, do proclaim and 
declare the following declaration of principles 
on which they have unanimously agreed: 

I. That we will ever defend tiie Constitution 
of the United States thereunder as the sacred 
palladium of our rights and liberties. That 
the Union of the States under the Constitution 
constitutes a national Republic, and not a mere 
league of independent States, and tliat tlie Con- 
stitution of the United States and the laws 
made in pursuance thereof are the supreme 
laws of the land, anything in the constitution 
or laws of any State to the contrary notwith- 
standing. 



II. That we arraign the unprincipled and co. 
rupt demagogues who for so many years neld 
every office and exercised a despotic control over 
its legislation as the sole authors of the present 
deplorable condition of the State and its people. 
To convict them of the folly and crime of hav- 
ing brought upon the peo[)le of the State their 
present woes, let facts be slated. 

1. Tiiey appropriated to their own use and 
squandered tiie grants of money and lands made 
to the State by the National Government for ed- 
ucational purposes, and then refused to provide 
free schools or make sufficient provision for the 
education of the youtli of the State. 

2. They in like manner appropriated to their 
own use and otherwise squandered the swamp 
land grant and all other grants of land made by the 
National Government to the State for internal 
improvements and other purposes; and refusing 
to make any provision therefor, the State is left 
to this day without a completed railroad or other 
work of internal improvement within her bor- 
ders. 

3. They issued the bonds of the State as a 
pretended basis for a banking capital, and hav- 
ing negotiated the bonds and approjiriated the 
proceeds to their own use, the State is left to 
pay their bonds, with years of accumulated in- 
terest, amounting in the aggregate to millioan 
of dollars. 

4. In a time of profound peace, and when tho 
people of the State were enjoying a degree of 
prosperity and happiness unparalleled in any 
country on the globe, these unscrupulous and 
reckless demagogues, actuated by none but tha 
most selfish purposes and wicked ambition, with 
a design of founding a government based oq 
human slavery, and governed and controlled by 
an aristocracy of office-holders and slave-owners, 
and in defiance of the expressed will of the peo- 
ple at the ballot-box, and in violation of tlieir 
own pledges, passed an ordinance of secession, 
proclaimed the State out of the Union, made 
war upon the National Government, and by 
the use of vigorous conscription laws and a mili- 
tary rule, the despotism of which is without a 
parallel in the history of the world, they forced 
an unwilling and loyal people, who loved their 
country and its flag, to join in an effort to de- 
stroy the Government that had showered bless- 
ings on them and their fathers. 

Having inaugurated the rebellion for these 
hateful purposes, they secured to themselves all 
the civil and military offices of their insurrec- 
tionary government, and they used the power 
thus usurped over the lives, liberty, and property 
of the peofile to coerce them tojoin in their trea- 
son and rebellion, and wickedly and wantonly 
protracted the struggle until one-third of their 
victims were in their graves, and the property 
of all impressed, wasted away, or destroyed. 

6. Failing to destroy the Republic and rob the 
people of their liberty by force of arms, tliey re- 
turned and at once demanded to be restored to 
the oflices and control of the State, and speedily 
possessed themselves of the legislative depart- 
ment, the supreme court, and other im]iortant 
offices. Again in power in the State llioy re- 
newed the atrocious system of plunder and op- 
pression. The brief respite enjoyed by the people 
of the State from the despotic control of these 



RESOLUTIONS OF CONVENTIONS. 



251 



political vampires, who fled the State ia 1863 to 
avoid a just punishment for their crimes, had 
enabled a loyal provisional government, by an 
honest and economical administration, to accu- 
mulate in tlie treasury of the State over $150,000 
in cash. The treasury is at once plundered by 
these men of this hard-earned money of the peo- 
ple; extravagance, corruption, favoritism, and 
oppression mark their every act; the loyal men 
of the State are wronged and oppressed, and de- 
nied redress; treason is made a virtue and loy- 
alty a crime ; the constitution of the State is set 
at defiance, and the pretended laws and decrees 
of the now defunct rebel government declared 
to be in full force and binding on loyal people 
living under the Constitution of the United 
States. The obligations and evidence of indebt- 
edness of the rebel State government which these 
men issued to themselves, and obtained fraudu- 
lently and without consideration, and of wliich 
the most unscrupulous of these men hold large 
amounts, are declared to be binding on a loyal 
State and a loyal people ; they refuse to take the 
necessarj'', reasonable, and just steps to restore 
the State to the Union and representation in 
Congress, and contemptuously reject terms of 
settlement the most magnanimous and liberal 
ever offered to men in their position, and up to 
the present moment continue to present an atti- 
tude of hostility to the National Government, 
its authority, and supporters, bordering on open 
rebellion, and dangerous alike to the peace of 
the nation and Stale, and the safety of loyal and 
law-abiding men. And Congress wisely and 
justly judged that reconstruction was impossible 
while such constitutional and chronic traitors, 
plunderers of the public treasury and oppres- 
sors of the people, were permitted to exercise 
the political power of the State, which tliey 
have usurped and so long held by fraud, deceit, 
and oppression. 

III. That we recognize the power and right 
of the National Government to determine the 
method and apply the means of reconstructing 
the rebel States, and of providing lawful gov- 
ernments for the same, and do willingly abide 
by and heartily accept the measures ado[)ted, or 
which may iiereafter be necessarily prescribed 
by Congress for a full, perfect, and final recon- 
struction of said States ; and to the end that the 
State may be admitted to its wonted position in 
the Union and representation in Congress; that 
the liberty and rights of every citizen may be 
secured and sacredly guarded and protected 
under an honest, competent, and loyal State 
government; that the credit of the State may 
be restored, and economy in the public exiendi 
tares secured ; that the construction of railroads 
and other internal improvements so necessary 
to the prosperity of the State may be com- 
menced and vigorously prosecuted ; that an en- 
lightened and judicious system of free common 
schools, providing for the education of all the 
children of the State, may be inaugurated; that 
emigration and capital from every quarter may 
be invited and induced to enter our State, and 
that peace, security, and prosperity may be re- 
stored to the State and all its people, we declare 
that we are in favor of immediate action under 
and in conformity to the acts of Congress, and 
we hereby tender to the major general command- 



ing this district our hearty and cordial support 
and co-operation in the honest and faithful exe- 
cution of the same. 

IV. That we denounce the guilty authors of 
the late rebellion who refuse to acquiesce in the 
necessary, legitimate, and juft results of their 
own folly and crime, and who are now counsel- 
ing the people to renewed opposition and resist- 
ance to the legitimate and lawful authority of 
the National Government, as enemies of the 
Union, and all the dearest and best interests of 
the State and her people, and they deserve and 
should receive the scorn of every honest citizen 
who desires to see law, and order, and peace, 
security, and prosperity secured to the State. 

V. That, the most dangerous enemies of the 
nation and State are the disloyal newspapers 
and political demagogues, who, while they de- 
nounce the late action of Congress as illegal, 
unconstitutional, and despotic, nevertheless de- 
clare it to be their purpose to control, if they can, 
all action thereunder, with the declared pur- 
pose, as soon as representation in Congress is 
secured, of immediately repudiating their com- 
pact with the National Govornment, and by a 
change of the constitution of the State disfran- 
chise the recently enfranchised citizens of tha 
State, prohibit the education of their children, 
and adopt other reactionary and revolutionary 
measures. 

VI. That the Congress of the nation is sol- 
emnly pledged not to recognize any State gov- 
ernment made by and in the hands of open and 
declared enemies of the great principles of lib- 
erty and justice embraced in the measures of 
reconstruction ; and more especially will Con- 
gress refuse to recognize a government in the 
iiands of men wiio avow it to be tlieir purpose 
to overthrow these great principles the moment 
they obtain congressional recognition of their 
dishonest and hypocritical action ; and we warn 
every good citizen of the State who favors recon- 
struction and wislies to enjoy the blessings and 
benefits to be derived from our early restoration 
to the Union against the criminal folly of in- 
trusting the work to such hands. 

VII. That we heartily indorse all meetings 
and conventions heretofore held in the State 
which had in view the reconstruction of this 
State in harmony with the will of Congress. 

VIII. Tliat State taxation shall be equal and 
uniform, and that no discrimination should be 
made in favor of one species of property at the 
exytense of another. 

IX. That all the citizens of every county in 
the State who approve of the declaration of 
principles and purposes here announced are 
earnestly urged to meet in their respective coun- 
ties and organize, and report their organization 
to the chairman of the State central committee, 
at Little Rock, in order that a united and har- 
monious effort may be made to secure equal 
rights and justice to all, just and good govern- 
ment, wisely and honestly administered, by loyal 
men. 

North Carolina. 

Republican, March 27, 18G7. 
Having assembled in the city of Raleigh, on 
the 27th of March, 18G7, in conformity with a 
timely and patriotic call, reflecting the sentiments 



252 



POLITICAL MANUAL 



of the loj'al men of the State, and r elieving the 
time is at hand when an open and tearless ex- 
pression of sentiment, opinion, and purpose is 
urgently demanded : Therefore, 

1. Jicsolved, That in view of our present po- 
litical condition, our relations to the National 
Government, and the people of all sections of tlie 
country, we do this day with proud satisfaction 
unfurl the brilliant and glorious banner of the 
Republican party, and earnestly ajipcal to every 
true and jiatriotic man in the tstale to rally to 
its puppoi't. 

The sjilendid and patriotic record made by 
this great political organization, in standing by 
the General Government with an inflexible reso- 
lution, in carrying forward profound measures 
of statesmanship to a successful issue, and the 
powerful aid given by it in finally overthrowing 
and prostrating the most gigantic rebellion of 
ancient or modern times, should command the 
respect and challenge the admiration of every 
candid man. 

2. That the American Congress is eminently 
entitled to the profound thanks of the whole 
country for its persevering, persistent, and he- 
roic devotion to the great principles of human 
rights as enunciated in the Declaration of Inde- 
pendence ; that in the name of the patriotic peo- 
ple of this State we feel warranted in cordially 
assenting to and accepting the reconstruction 
plan recently and finally adopted by that body; 
and to the end that peace and order may be per- 
manently secured, and every industrial i>ursuit 
resumed and encouraged, we pledge ourselves to 
use every fair and legitimate means to influence 
public sentiment to the nearest possible approach 
to unanimity on this subject. 

3. That we rejoice that the dogma, long prop- 
agated, of the right of peaceable secession under 
the Constitution, has been forever overthrown 
by the majestic uprising of the American peo- 
ple, in crushing out the late rebellion by force 
of arms, and that the doctrine of the suprera- 
ac}' of the General Government has been estab- 
lished, and that the paramount allegiance of the 
citizen has been acknowledged as due to the 
United States. 

4. That we sincerely exult in the fact that as 
a nation we arc now absolutely a nation or free- 
men, and that the sun in all his course over our 
■wide-spread country no longer shines upon the 
brow of a slave. Without reservation, we heart- 
ily indorse the great measures of civil rights 
and impartial enfranchisement, without any 
property qualification, conferred without dis- 
tinction of color, and tliat we are ready to unite 
in the early practical attainment of these ines- 
timable privileges. Although the mortal re- 
mains of Abraliam Lincoln now rest silently 
beneath the soil of his adopted State, yet his 
voice still rings like a clarion through the land, 
earnestly summoning every American citizen to 
the Buiiport of the great party of liberty and 
emanci[iation. 

5. That as the most potent and efficient means 
by whicii the South can si)('edily rei^ain her lost 
prosperity, we earnestly advocate tlie spreading 
of knowledge and education among all men, and 
that to the attainment of this great end. we de- 
mand and shall persistently and lirrnly insist 



upon the absolute right of free discussion and 
free si)eech on all subjects of public interest 

6. That we join in an earnest wish for the 
maintenance, untarnished and undimmed, of iha 
public credit and plighted faith of the nation. 

7. That in the maintenance of the position 
taken and the principles this day avowed, wo 
earnestly invite the influence and co-operatioa 
of men of all political persuasions, who regard 
and cordially support the recent action of Con- 
gress as a solution of our present political diiB- 
culties ; that we deprecate partizan violence, and 
desire peace and gf)od-will toward all men ; and 
if in an open and fearless effort, which we pro- 
pose to make on every suitable occasion, to per- 
suade and convince the people that our highe«t 
dut}' and truest interest are to be subserved by 
maintaining the principles of the Kepublican 
party, an earnest interest should be awakened, 
it will be from no other cause than a rigid adhe- 
rence to what we regard as a sacred right and a 
solemn public duty. 

Soath Carolina. 

Of CrrAELESTON Eepublicans, Maech 22, 1867. 

1. Resolved, That we give our cordial and en- 
tire sanction to the action of Congress for the re- 
storation of the Union, and to the wise and just 
principles of the Republican party. 

2. That in order to make the labors of all our 
loyal fellow-citizens more effectual for carrying 
out the provisions of Congress for the restora- 
tion of law and order in our State, as well as for 
tlie peace and prosperity of our entire country, 
we do form an association to be known as the 
"Union Republican party of South Carolina." 

3. That we pledge our sacred honor, our for- 
tunes, and our lives to serve our country, to pre- 
serve her institutions, and especially to aid hei 
in keeping inviolate the national faith, which 
has been sacredly pledged to the payment of the 
national debt incurred to save the liberties of 
the country and to suppress rebellion, and that 
the people will not suffer this faith to be violated 
or impaired; but all debts incurred to support 
the rebellion, m they were unlawful, void, and 
of no obligation, shall never be assumed l)y the 
United States, nor shall South Carolina be per- 
mitted to pay any debt whatever which was 
contracted to aid the rebellion in any form. 

4. That the nation owes to the brave men, 
white and colored, of our army and navy a debt 
of lasting gratitude for their heroic services in 
defence of the Constitution and the Union, and 
that, while we cherish with a tender affection 
the memories of the fallen, we pledge to their 
widows and orphans the nation's care and pro- 
tection. 

5. That as republican institutions cannot be 
preserved unless intelligence be generallj' dif- 
fused among all classes, we will demand of our 
legislature a uniform system of common schools, 
which shall be open to all, without distinction 
of race, color, or previous condition ; such sys- 
tem to be supported by a general tax upon all 
kinds of jiroperty. 

6. That we will favor a liberal system of pub- 
lic improvements, such as railroads, canals, and 
other works, and also such a system of award- 
ing contracts for the same as will give all our fol- 



RESOLUTIONS CF CONVENTIONS. 



255 



low-citizens an equal and fair chance to share 
in tlicm. 

7. That we will also insist on such modifica- 
tion of the laws of the State as will do away 
witli imprisonment for debt, except for fraud ; 
and imprisonment of witnesses, except for willful 
absence; and especially to abolish, entirely and 
forever, the barbarous custom of corporal pun- 
ishment for crime or any other cause. 

8. That, as large land monopolies tend only to 
make the rich richer and the poor poorer, and 
are ruinous to the agricultural, commercial, and 
Bocial interests of the State, the legislature should 
offer every practicable inducement for the division 
and sale of unoccu[)ied lands among the poorer 
classes and as an encouragement to emigrants to 
settle in our State. 

9. That the law of ejectment and distraint 
ehould be so modified as to protect equally the 
landlord and the tenant. 

10. That provision .should be made for the ex- 
emption of the poor man's homestead. 

11. That the interests of the Stale demand a 
revision of the entire code of laws and the reor- 
ganization of the courts. 

12. That the interests not only of the State, 
but of the whole country, demand every possi- 
ble guaranty for the perpetuity of all the rights 
conferred upon the newly enfranchised portion 
of our fellow citizens, and that, in the use of the 
sacred right of the elective franchise, we will 
seek to elevate to offices of tru=t and honor only 
those who are truly loyal, honest, and capable, 
irrespective of race, color, or previous condition. 

lo. The consideration of justice and humanity 
demand provision by the legislature for the pro- 
tection and support of the aged, infirm, and 
helpless poor, irrespective of race, color, or pre- 
vious condition. 

14. That we will not support any candidate 
for office who will not openly indorse, advocate, 
and defend the principles adopted by the Union 
Republican party. 

15. Relying upon Divine Providence for wis- 
dom in our counsels, efficiency in our action, 
harmony among ourselves, with malice toward 
none and charity to all, we pledge our earnest 
and best efforts for the return of peace and pros- 
perity to all our people, and for an early repre- 
sentation of our beloved State in the Congress 
of the United States. 

Virginia Republican State Convention, 

April 17 and 18, 1867. 

Whereas, having for the first time in the his- 
tory of Virginia assembled at her State capital, 
at the call of a Union Republican State commit- 
tee, as a convention of Union men, for the pur- 
pose of ratifying the acts of the 39th and 
40th Congresses, and adopting measures to unite 
all parties who earnestly and honestly desire 
that this legislation should be perfected in accord- 
ance with the express desire of Congress and 
carried out in good faith by the people of this 
State, we, therefore, in convention assembled, do 

First. Resolve, That we return our sincere 
and heartfelt thanks to the 39th Congress for 
their recent legislation resulting in the pas- 
sage of the Sherman-Shellabarger bill and its 
supplement, and certify with gratitude that the 



beneficial effects of such legislation are already 
visible in the increased security of loyal men, 
and in inducing immediate elTorts toward recon- 
struction on the part of all classes ; and that we 
do hereby pledge our earnest and persistent ef- 
forts to carry out in good faith, witliout evasion, 
with honesty of purpose, unflinchint* courage, 
and never tiring energy, all its provisions, be- 
lieving that by this course alone can permanent 
peace and prosperity be restored to the State 
and an early admission to the Union be secured. 

2. That in the principles of the National 
Republican party of the United States we re- 
cognize all we can desire as a guide in our po- 
litical future ; that we adopt them as our plat- 
form, and pledge ourselves to their support, and 
cordially invite the co-operation of all classes 
of our fellow-citizens, without distinction of race 
or color, without regard to former political opin- 
ions or action, induced by such convictions. We 
invite them to join us, and pledge them a warm 
welcome to our ranks, and a full and free par- 
ticipation in all the advantages of our organiza- 
tion. And firmly believing that in the present 
condition of public affairs the Republican party 
offers the most available means through its or- 
ganization for the speedy attainment of perma- 
nent reconstruction, we do hereby adopt its 
principles and platform as the basis and platform 
of the Union Republican party of Virginia. 

3. That we adopt as part of our platform 
and as cardinal points in the policy of the 
Union Republican party of Virginia the follow- 
ing propositions : first, equal protection to all 
men before the courts, an 1 equal political rights 
in all respects, including the right to hold office; 
second, a system of common-school education, 
which shall give to all classes free schools and a 
free and equal participation in all its benefits; 
third, a more just and equitable system of taxa- 
tion, which shall apportion taxes to property, 
and require all to pay in proportion to their abil- 
ity ; fourth, a modification of the usury laws suffi- 
cient to induce foreign capital to seek investment 
in the State; fifth, encouragement to internal 
improvements and every possible inducement to 
immigration. 

4. That in the noble utterances of the found- 
ers of our Constitution, we recognize a true ap- 
preciation of the great fact that parties or gov- 
ernments, to be prosperous or successful, must be 
founded or administered on the basis of exact 
and equal justice to all men; .i-nd we accept as 
our guides the great principles enunciated by 
them, first and most important of which is the 
great and glorious truth " that all men are cre- 
ated free and equal, are endowed with certain 
inalienable rights, and that among these are life, 
liberty, and the pursuit of happiness ;" and we 
solemnly pledge, on the part of this convention 
and tlie party it represents, a strict adliesion to 
these sentiments, which, for the first time in the 
history of Virginia, a political organization is 
in a position to adopt in spirit and action as in 
name. 

5. That believing the principles enunciated in 
the foregoing resolutions can be objectionable to 
no man who really loves the Union, and that 
they are the only true principles which can give 
to Virginia an early restoration to the Union 



254 



POLITICAL MANUAL. 



and enduring peace and prosperity, we solemnly 
pledge ourselves to support no rnan for an elect- 
ive otfico who fails to join us in their adoption 
and enforcfinenl, who fails to identify himself 
•with the Union Republican party in sjurit and 
action, or liesitates to connect hinjseif openly and 
publicly with its platform as adopted here to da)'. 
6. That we recognize the great fact that the 
interests of the laboring classes of the State are 
identical, and that, without regard "^ color, we 
desire to elevate tliem to their . ..; position ; 
that the exaltation of the poor and hnmble, tlie 
restraint of the rapacious and tiie arrogant, the 
lifting up of the poor and degraded without hu- 
miliation or degradation to any; that tlie attain- 
ment of the greatest amount of liappiness and 
prosperity to the greatest number is our warm- 
est desire, and shall have our earnest and per- 
eistent efforts in their accomplishment; that 
while we desire to see all men protected in full 
and equal proportions, and every political right 
secured to the colored man that is enjoyed by 
any other class of citizens, we do not desire to 
deprive the laboring white men of any rights or 
privileges whicli they now enjoy, butdo propose 
to extend those rights and privileges by the or- 
ganization of the Republican party in this State. 

KENTUCKY AND VIRGINIA RESOLUriONS. 

Kentucky Resolutions, November, N98. 

1. Resolved, That the several States compos- 
ing the United States of America are not united 
on the principle of unlimited submission to their 
General Government ; but tliat, by compact, un- 
der the style and title of a Constitnfon for the 
United States and of Amendments thereto, they 
constituted a general government for special pur- 
poses, delegated to thatGovernment certain defi- 
nite powers, reserving each State to itself the 
residuary mass of right to their own self-govern- 
ment ; and that whensoever the General Govern- 
ment assumes undelegated powers, its acts are 
unauthoritative, void, and of no force : That 
to this compact each State acceded as a State, 
and is an integral party, its co-States forming as 
to itself the other party : That the government 
created hy tiiis compact was not made the exclu- 
sive or final judffe of the extent of the powers 
delegated to itself; since that would have made 
its discretion, and not the constitution, the mea- 
sure of its powers ; but that, as in all other cases 
of compact among parties having no common 
judge, each party nas an equal right to judge 
for itself, as well of infractions, as of the mode 
and measure of redress. 

2. Tliat the Constitution of the United States 
having delegated to Congress a power to punish 
treason, counterfeiting the securities and current 
coin of the United States, piracies and felonies 
committed on the liigli seas, and offences against 
the laws of nations, and no other crimes what- 
ever, and it being true as a general principle, 
and one of the amendments to the Constitution 
having also declared, " that tlie powers not dele- 
gated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved 
to the States respectively or to the people ; " 
therefore, al.so the same act of Congress, passed 
on the 14th day of July, 17'J8, and entitled, "7s.n 



act in addition to the act entitled, 'an act for th(» 
punishment of certain crimes against the United 
States," as also the act passed by them on tha 
27lli day of June, 1798, entitled ''An act to pun- 
ish frauds committed on the Bank of the United 
States,' " (and all other their acts which assume 
to create, define, or punish crimes other than 
those enumerated in the Constitution,) are al- 
together void and of no force, and that the 
power to create, define, and punish such other 
crimes is reserved, and of right appertains solely 
and exclusively, to the respective States, each 
within its own territory. 

3. Tliat it is true as a general principle, and 
is also expressly declared by one of the amend- 
ments to the Constitution, that " the powers not 
delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved 
to the States respectively or to the people ;" and 
that no power over the freedom of religion, free- 
dom of speech, or freedom of the press, iDeing 
delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, all lawful 
powers respecting the same did of right remain, 
and were reserved, to the States or to the people: 
That thus was manifested their determination to 
retain to themselves the right of judging how far 
the licentiousness of speech and of tlio press may 
be abridged without lessening their useful free- 
dom, and how far those abuses which cannot be 
separated from their use should be tolerated 
rather than the use be destroyed ; and thus, also, 
they guarded against all abridgment by the Uni- 
ted States of the freedom of religious opinions 
and exercises, and retained to themselves the 
right of protecting the same, as this State, by a 
law passed on the general demand of its citizens, 
had alreadj' protected them from all human re- 
straint or interference: And that, in addition to 
this general principle and express declaration, 
another and more special provision has been 
made by one of the amendments to the Consti- 
tution, which expressly declares that "Congress 
shall make no law respecting an establishment 
of religion or prohibiting the free exercise there- 
of, or abridging the freedom of speech or of the 
press," thereby guarding in the same sentence, 
and under the same words, the freedom of re- 
ligion, of speech, and of the press, insomuch that 
whatever violates either throws down the sanc- 
tuary which covers the others, and that libels, 
falsehoods, and defamation, equally with heresy 
and false religion, are withheld from the cogni- 
zance of federal tribunals : That therefore the act 
of the Congress of the United States, passed on 
the 14th day of July, 1798, entitled "An act in 
addition to the act for the punishment of certain 
crimes against the United States," which does 
abridge the freedom of the press, is not law, but 
is altogether void and of no effect. 

4. That alien friends are under the jurisdic- 
tion and protection of the laws of the State 
wherein they are ; that no power over them has 
been delegated to the United States nor prohib- 
ited to the individual States distinct from their 
power over citizens; and it being true, as a gen- 
eral principle, and one of the amendments to 
the Constitution having also declared that " the 
powers not delegated to the United States by tha 
Constitution, nor prohibited by it to the States, 



RESOLUTIONS OF COISVENTIONS. 



55 



are reserved to the States respectively or to the 
reople," the act of the Congress of tlie United 
States, passed on the 22d day of June, 1798, en- 
titled "An act concerning aliens," which assumes 
power over alien friends not delegated by the 
Constitution, is not law, but is altogether void 
and of no force. 

5. That in addition to the general principle as 
well as the express declaration that powers not 
delegated are reserved, another and more special 
provision inserted in the Constitution from abun- 
dant caution has declared " that tlie migration 
or importation of such persons as any of the 
States now existing shall think proper to admit 
Bhall not be prohibited by the Congress prior to 
the year 1808 :" Tii. t this Commonwealth does 
admit the migration of alien friends described as 
the subject of the said act concerning aliens ; that 
a provision against prohibiting their migration 
is a provision against all acts equivalent thereto, 
or it would be nugatory ; that to remove them 
when migrated is equivalent to a prohibition of 
their migration, ana is therefore contrary to the 
Baid provision of the Constitution and void. 

6. That the imprisonment of a p'^'-son under 
the protection of the laws of this Commonwealth 
on his failure to obey the simple order of the 
President to depart out of the United States, as 
is undertaken by the said act, entitled " an act 
concerning aliens," is contrarj'- to tlie Constitu- 
tion, one amendment to which has provided, 
that " no person shall be deprived of liberty 
■without due process of law," and that another 
having provided " that in all criminal prosecu- 
tions the accused shall enjoy the right to a public 
trial by an impartial jury, to be informed of the 
nature and cause of the accusation, to be con- 
fronted with the witnesses against him, to have 
comyiulsory process for obtaining witnesses in 
his favor, and to have the assistance of coun- 
sel for his defence," the same act undertaking 
to autliorize the President to remove a person 
out of the United States wlio is under the pro- 
tection of the law, on his own suspicion, with- 
out accusation, without jury, without public trial, 
without confrontation of the witnessea against 
him, without having witnesses in his favor, with- 
out defence, without counsel, is contrary to these 
provisions also of the Constitution, is therefore 
not law, but utterly void and of no force. That 
transferring the power of judging any person, 
who is under the protection of the laws, from 
the courts to the President of the United States, 
as is undertaken by the same act concerning 
aliens, is against the article of the Constitution 
■which provides that "the judicial power of the 
United States shall be vested in courts, the judges 
of which shall hold their offices during good be- 
havior;" and that the said act is void for that 
reason also ; and it is further to be noted, that 
this transfer of judiciary power is to that mag- 
istrate of the General Government who already 
possesses all the executive, and a qualified nega- 
tive in all the legislative powers. 

7. That the construction applied by the Gen- 
eral Government (as is evinced by sundry of 
their proceedings) to those parts of the Consti- 
tution of the United States which delegates to 
Congress a power to lay and collect taxes, duties, 
imposts, and excises ; to pay the debts, and pro- 



vide for the common defence and general welfare 
of the United States, and to make all laws whicli 
shall be necessary and proper for currying into 
execution the powers vested by tlie Constitution 
in the Government of the United States, or any 
department thereof, goes to the destrudioii of all 
the liraits prescribed to their power by the Con- 
stitution. That words meant by that instrument 
to be subsidiary only to the execution of the 
limited, "^'owers ought not to be so construed as 
themseiv:-. ito give unlimited powers, nor a part 
so to be taken as to destroy the wlio'.c residue 
of the instrument: That the proceedings of tho 
General Government under color of tliese articles 
will be a fit and necessary subject for revisal and 
correction at a time of greater tranquillity, while 
those specified in the preceding resolutions call for 
immediate redress. 

8. That the preceding resolutions be trans- 
mitted to the Senators and Representatives in 
Congress from this Commonwealth, who are 
hereby enjoined to present the same to their 
respective houses, and to use their best endeavors 
to procure, at the next session of Congress, a re- 
peal of the aforesaid unconstitutional and obnox- 
ious acts. 

9. Lastly, That the Governor of this Common- 
wealth be, and is hereby, authorized and requested 
to communicate the preceding resolutions to tho 
legislatures of the several States, to assure them 
that this Commonwealth considers union for 
specified national purposes, and particularly for 
those specified in their late federal co-mpact, to 
be friendly to the peace, ha[ipiness, and pros- 
perity of all the States: that faithful to that 
compact, according to the plain intent and mean- 
ing in which it was understood and acceded 
to by the several parties, it is sincerely anxious 
for its preservation: that it does also believe, 
that to take from the States all the powers of 
self-government, and transfer thsm to a gen- 
eral and consolidated government, without re- 
gard to the special obligations and reservations 
solemnly agreed to in that compact, is not for 
the peace, happiness, or prosperity of these 
States: And that therefore this Commonwealth 
is determined, as it doubts not its co-States are, 
tamely to submit to undelegated and conse- 
quently unlimited powers in no man or body 
of men on earth : that if the acts before speci- 
fied should stand, these conclusions would flow 
from them ; that the General Government may 
place any act they think proper on the list 
of crimes, and punish it themselves, whether 
enumerated or not enumerated by the Constitu- 
tion as cognizable by them ; tiiat tliey may 
transfer its cognizance to the President or any 
other person, who may himself be the accuser, 
counsel, judge, and jury, whose suspicions may 
be the evidence, his order the sentence, his offi- 
cer the executioner, and his breast the sole re- 
cord of the transaction ; that a very numerous 
and valuable description of the inhabitants of 
these States, being by this precedent reduced as 
outlaws to the absolute dominion of one man, 
and the barrier of the Constitution thus swept 
away from us all, no rampart now remains 
against the passions and the power of a majority 
of Congress to protect from a like exportation 
or other,more grievous punishment the minority 



256 



POLITICAL MANUAL. 



of the same body, the legblahrrcs. judges, govern- 
ors, and counselors of the States, nor tlieir otlier 
peaceable inliabitants who may venture to re- 
claim the constiiuiionai rights and liberties of 
the States and people, or wlio for other causes, 
good or had, may be obnoxious to tiie views, or 
marked by liie suspicions of the President, or be 
thought dangerous to his or th^ir elections or 
other interests, public or personal; that the 
friendless alien has indeed been selected as the 
safest subject of a first experiment ; but the citi- 
zen will soon follow, or rather has already fol- 
lowed ; for already has a sedition act marked 
him as its prey : that these and successive acts 
of the same character, unless arrested on the 
threshold, may tend to drive these States into 
revolution and blood and will furnish new cal- 
umnies against republican governments, and 
new pretexts for those who wish it to be be- 
lieved that man cannot be governed but by a 
rod of iron : that it would be a dangerous delu- 
sion, were a confidence in the men of our choice 
to silence our fears ibr the safeiy of our riglits: 
that confidence is everywhere tiie parent of des- 
potism; free government is founded in jealousy 
and not in confidence; it is jealousy and not 
confidence which prescribes limited constitu- 
tions to bind down those whom we are obliged 
to trust with power: that our Constitution 
has accordingly fixed the limits to which and 
no further our confidence may go; and let the 
honest advocate of confidence read the alien 
and sedition acts, and say if the Constitution 
has not been wise in fixing liinirs to the govern- 
ment It created, and whether we should he wise 
in destroying those limits ? Let liiin say what 
the Govei nmeni is if it be not a tyranny, which 
the men of our choice have conferred on the 
President, and the President of our choice has as- 
sented to and accepted over the friendly strang- 
ers, to whom the mild spirit of our country and 
its laws had pledged hospitality and j»rotection : 
that the men of our choice have more respected 
the bare susjiicions of tiie President than the 
solid rights of innocence, the claims of justifica- 
tion, the sacred force of truth, and the forms 
and substance of law and justice In questions 
of power, then, let no more be heard of confi- 
dence in man, but bind liim down from mischief 
by the chains of the Con-;titution. That this 
Commonwealth does theretbre call on its co- 
States for an expression of their sentiments on 
the acts concerning aliens and for the punish- 
ment of certain crimes hereinbeibre specified, 
plainly declaring whether these acts are or are 
not authorized by the federal compact? And 
it doubts not that their sense will be so an- 
nounced as to prove their attachment unaltered 
to limited government, whether general or par- 
ticular, and that the rights and liberties of their 
co-States will be exposed to no dangers by re- 
maining embarked on a common bottom with 
their own : That they will concur with this 
Corr monwealth in considering the said acts as so 
palpably against the Constitution, as to amount 
to an undisguised declaraWon that the compact 
is not meant to be tlie measure of the powers of 
the General Government, but that it will proceed 
in the exercise over these States of all powers 
whatsoever : That they will view this as seizing 



the rights of the States, and consolidating them 
in the hands of the General Government with a 
power assumed to bind the States, (not merply 
tn cases made federal,) but in all ca-^es whatso- 
ever, by laws made, not with their consent, but 
by others against their consent : That thi': would 
be to surrender the form of government we liavo 
chosen, and to live under one deriving its powers 
from its own will, and not from our authority; 
and that tlie co-States, recurring to their natural 
right in cases not made federal, will concur in 
declaring these acts void and of no force, and 
will each unite with this Oammonwealth ia 
requesting their repeal at the next session of 
Congress. 

Virginia Besolutions, December, 1798. 

Received, That the General Assembly of Vir- 
ginia dolh unequivocally express a firm resolu- 
tion to maintain and defend the Constitution of 
the United States and the constitution of this 
State against every aggression, either foreign or 
domestic; and that, they will support the Gov- 
ernment of the United States in all measures 
warranted by .he former. 

2. Tiiat this Assembly most solemnly declares 
a warm attachment to the Union of the States, 
lo maintain which it pledges its powers; and 
that, for this end, it is their duty *o watch over 
and oppose every infraction of those principles 
which constitute the only basis of that Union, 
because a faithful observance of them can alone 
secure its existence and the public happiness. 

3. That this Assembly doth explicitly and 
peremptorily declare, that it views the powers 
of the Federal Government as resulting from the 
compact to which the States are parties, as lim- 
ited by the plain sense and intention of the in- 
strument constituting that compact, as no further 
valid than they are authorized by the grants 
enumerated in that compact; and that, in case 
of a deliberate, palpable, and dangerous exercise 
of other powers, not granted by the said com- 
pact, the States, who are parties thereto, have 
the right, and are in duty bound to interpose for 
arresting the progress of the evil, and for main- 
taining, within their respective limits, the au- 
thorities, rights, and liberties appertaining to 
them 

4. That the General Assembly doth also ex- 
press its deep regret that a spirit has, in sundry 
instances, been manifested by the Federal Gov- 
ernment to enlarge its powers by forced construc- 
tions of the constitutional charter which defines 
them ; and that indications have appeared of a 
design to expound certain general plirlises (which, 
having been copied from the very limited grant 
of powers in the former Articles of Confederation, 
were the less liable to be misconstrued) so as to 
destroy the meaning and effect of the particular 
enumeration which necessarily explains and lim- 
its the general phrases, and so as to consolidate 
the St;ites, by degrees, into one sovereignty, the 
obvious tendency and inevitable result of which 
would be to transform the jiresent republican 
system of the United States into an absolute, or, 
at best, a mixeJ monarchy. 

5. That the General Assembly doth particu- 
larly protest against the palpable and alarming 
infractions of the Constitution in the two lata 



POLITICAL MISCELLANY. 



257 



cases of ttie " alien and sedition acts," passed 
at the last session of Congress ; the first of which 
exercises a power nowhere delegated to the Fed- 
eral Government, and which, by uniting legis- 
lative and judicial powers to those of executive, 
subverts the general principles of free govern- 
ment, as well as the particular organization and 
positive provisions of the Federal Constitution ; 
and the other of which acts exercises, in like 
manner, a power not delegated by the Constitu 
tion, but, on the contrary, expressly and posi- 
tively forbidden by one of the amendments 
thereto— a power which, more than any other, 
ought to produce universal alarm, because it is 
levelled against the right of freely examining 
public characters and measures, and of free com- 
munication among the people thereon, which has 
ever been justly deemed the only effectual guar- 
dian of every other right. 

6. That this State, having by its convention, 
which ratified the Federal Constitution, expressly 
declared that, among other essential rights, "the 
liberty of conscience and the press cannot be 
cancelled, abridged, restrained, or modified, by 
any authority of the United States," and from 
its extreme anxiety to guard these rights from 
every possible attack of sophistry and ambition, 
having, with other States, recommended an 
amendment for that purpose, which amendment 
was, in due time, annexed to the Constitution — 
it would mark a reproachful inconsistency, and 



criminal degeneracy if an indifference were now 
shown to the most palpable violation of one of 
the rights thus declared and secured, and to the 
establishment of a precedent which may be fatal 
to the other. 

7. That the good people of this Common- 
wealtli, having ever felt, and continuing to feel, 
the most sincere affection for their brethren of 
the other States, the truest anxiety for estab- 
lishing and perpetuating the union of all, and 
the most scrupulous fidelity to that Constitution, 
wliich is the pledge of mutual friendship and 
the instrument of mutual happiness, the Gene- 
ral Assembly doth solemnly appeal to the like 
dispositions in the other States, in confidence 
that they will concur with this Commonwealth 
in declaring, as it does hereby declare, that the 
acts aforesaid are unconstitutional, and that 
the necessary and proper measures will be taken 
by each for co-operating with this State in 
maintaining unimpaired the authorities, rights, 
and liberties reserved to the States respectively, 
or to the people. 

8. That the Governor be desired to transmit » 
copy of the foregoing resolutions to the execu- 
tive authority of each of the other States, with 
a request that the same may be communicated to 
the legislature thereof, and that a copy be fur- 
nished to each of the Senators and Representa- 
tives representing this State in the Congress of the 
United States. 



x:xii. 



POLITICAL MISCELLANY. 



ELECTIVE FRANCHISE IN THE STATES. 

In Tennessee. 

1867, February 6 — The House passed a bill 
etriking the word " white " from the franchise 
law of the State* — yeas 38, nays 25. The yeas 
were Messrs. Anderson of Hamilton, Anderson 
of White, Baker, Blackman, Clements, Clingan, 
Donaldson, Doughty, Dowdy, Elliott, Fuson, 
Garner, Gilmer, Hudson, Hale, Kerchival, Max- 
well, McNair, Morris, Murphy, Norman, Patton, 
Porter, Puckett, Raulston, Richards, Shepherd, 
Smith of Plardeman, Smith of Obion, Taylor, 
Thornburgh, Underwood, Waters, Welsh, Wines, 
Woodcock, Woods, and Speaker {pro tern.) Mul- 
loy — 38. 

February IS — The Senate concurred — yeas 
14, nays 7. 

March 21 — The supreme court of the State 
nnanimously sustained the constitutionality of 
the franchise law. 

A law was also passed containing this pro- 
vieion : 

" That in all State, district, county, and all 
other elections, such aliens as have resided more 
than one year in the United States, and more 
than six months in the State of Tennessee, shall 
have the right of the elective franchise : Pro- 
vided, Tiiat such persons shall have previously 



• For copy of the law see Political Manual for 1866, pp- 
VI, 28. 

17 



declared their intention to become citizens of the 
United States, and that they shall not have par- 
ticipated in the late rebellion." 

In Ohio. 

1867, April 6 — This joint resolution passed: 

A EESOLUTION 

Relative to an amendment of the constitution, 
providing for the extension of the elective 
franchise : 

Resolved, By the General Assembly of the 
State of Ohio, three-fifths of the members elected 
to each house agreeing thereto, that it be and is 
hereby proposed to tlie electors of this State, to 
vole at the next annual Ostober election upon 
the approval or rejection of the following amend- 
ment as a substitute for the first section of the 
fifth article of the constitution of this State, to 
wit: "Every male citizen of the United States 
of the age of twenty-one years, who shall have 
been a resident of the State one j-ear next pre- 
ceding the election, and of the county, township, 
or ward in which he resides such time as may be 
provided by law, except such persons as have 
borne arms in support of any insurrection or 
rebellion against the Government of the United 
States, or have fled from their places of residence 
to avoid being drafted into the military service 
thereof, or liave deserted the military or naval 
service of said Government in time of war, aad 



258 



POLITICAL MANUAL. 



had not subsequently been honorably discharged 
from the same, shall l)ave the qualifications of an 
elector, and be entitled to vote at all elections." 
In the Senate, the vote was yeas 23, nays 11, 
strictly party vote except that Mr. Combs (Re- 
publican) voted in the negative. 

In Wisconsin. 

Both houses have agreed to proposing an 
amendment to the constitution so as to extend 
suffrage to all persons'''' over the age of twenty- 
one years. The vote in the Senate was 18 to 
9, not voting 6. 

In New Jersey. 

A proposition to strike the word " white " 
from the constitution was defeated in the house 
— yeas 20, nays 38, as follow : 

Yeas — Messrs. Atw.iter, S^iyrt", Murphy, Edwards, Bald- 
win, Vuorlioea, Uiinyon, A. P. Cuiidit, Hrnere, Staiisliury, 
Mount, E<tler, 3. U. Condit, Wolsiefl'er, Moore, Custis, Ball, 
Trimble, Morris, FalUenbury— 20. 

Nays — ilessrs. Allen, Taylor, lliff, Divenport, W. W. 
Clark, Vail, Lippincott, Fort, Christie. White, Pickel, Henry, 
Coles, Cnizer, Ay res. Tyrrell, W.J. llif, Evana, 11. F. Clark, 
Tliet, Nixou, Garrison, Cclliiif^^, iVilson, T/iompsun, Ileii- 
Uricksou, Ilcuden. Dwycr, Bicsley, Van Emhurgh, Jarrurd, 
Ihilmer, Corlies, Ward, Perrine, Givens, Coate, Yawger — 38, 

In New York. 

The Republican State convention to nominate 
delegates at large for a constitutional conven- 
tion unanimously adopted this resolution : 

Resolved, That the delegates to the cominjc constitutional 
convention, this day appointed, bo instructed to support by 
every honorable means an amendment to the constitution 
giving to the black niau the same rights of ballot as to the 
white man. 

In Kansas. 

A proposition to extend the elective franchise 
to women is pending. 

A PROPOSED SUBSTITUTE FOR THE CONSTI- 
TUTIONAL AMENDMENT. 

In February, 18G7, an effort was made to pre- 
pare a constitutional amendment to be substi- 
tuted for that proposed by Congress. The plan 
given below was published, and was declared 
to be approved by President Johnson, and sub- 
mitted to the Legislature of North Carolina, but 
was not favorablv received : 



*Tho following paragraph from the New York Tribune is 
apposite: 

Lucy Stone and II. B. Blackwell, citizens of New Jersey, 
have m.ido an invesUgation, the result of which is remark- 
able, and proves that previously to 1776 only men voted, 
but that ill 1776 the original State constitution conferred 
the franchise on "aW inliabitants'" (men or women, white or 
black) possessing the prescribed qualifications of £50 clear 
estate and twelve months' residence, and this constitution 
remained in force until 1814. In 1790, the Legislature, in 
an act regulating elections, used the words "he or she "in 
reference to voters. In 1797, another act relative to elections 
repeatedly designates the voters as "ho or .she." In the same 
year, 1797, seventy-five women voted in Klizabethtownforthe 
Federal candidate. In 1800 women generally voted througli- 
out the State in the presidential contest between Jefl'erson 
and Adams. In 1S02 a member of the legislature from 
Hunterdon county was actually elected, in a closely con- 
tested election, by the votes of two or three women of color. 
In 1807, at a local election in Kssex county for the location 
of the county seat, men and women generally participated, 
and were jointly implic-ated in very extensive frauds, In 
the winter of 1S07-8, the legislature, in violation of tho 
terms of the constitution, passed an act restricting suffrago 
to free white malo a<lult citizens, and, in reference to 
these, virtuilly abolished the jirnperty qualification of £60, 
thus extending it to all white malo tax-payers, while oxclud- 
iDg all women and negroes. In 1S20 tho s.ame provisions 
Were repeated, and remained unchanged until tho adoption 
of the present constitution in 1844. 



Whereas it has been announced by persona 
high in authority that propositions from the 
southern States having in view the adjustment 
of our present political troubles would be re- 
ceived and consiilered, &c: Therefore, 

Eesolvcd hy the Legislature of the State of , 

That tlie Congress of the United States be re- 
quested to propose to the legislatures of the sev- 
eral States the following amendment to the Con- 
stitution of the United States: 

Article 14, Sec. 1. No State under the Con- 
stitution has a right of its own will to renounce 
its place in or to withdraw from the Union ; nor 
has the Federal Government any right to eject a 
State from the Union, or to deprive it of its 
equal suffrage in the Senate or of representa- 
tion in the House of Representatives. The 
Union under the Constitution shall be perpetual. 

Sec. 2. The public debt of the United State?, 
authorized by law, shall ever be held sacred and 
inviolate ; but neither the United Slates nor any 
State shall assume or pay any debt or obliga- 
tion incurred in aid of insurr.^jction or rebellion 
against the Government or a ithority of the Uni- 
ted States. 

Sec. 3. All persons born or naturalized in the 
United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of 
the States in which they reside; and the citi- 
zens of each State shall be entitled to all the 
privileges and immunities of citizens in the sev- 
eral States. No State shall deprive any pt-rson 
of life, liberty, or property without due process 
of law, nor deny to any person within its juris- 
diction the equal protection of the laws. 

Sec. 4. Representatives shall be apportioned 
among the several States according to their re- 
spective numbers, counting the v.'hole number of 
persons in each State, excluding Indians not taxed. 
But when any State shall, on account of race or 
color or previous condition of servitude, deny 
the exercise of the franchise at any election for 
the choice of electors for President and Vice 
President of the United States, Representatives 
in Congress, members of the legislature, and 
other officers elected by the people, to any of the 
male inhabitants of such State being twentv-one 
years of age and citizens of the United States, 
then the entire class of persons so excluded from 
the exercise of the elective franchise shall not bo 
counted in the basis of representation. 

And whereas, &c., be it further resolved hy the 

Legislature of , That the following article 

shall be adopted as an amendment to, and be- 
come a part of the constitution of the State 
of . 

Article — . Every male citizen who has re- 
sided in this State for one year, and in the 
county in which he offers to vote six months 
immediately preceding the day of election, and 
who can re:i.d tho Declaration of Independence 
and the Constitution of the United States in the 
English language and write his name ; or who 
may be the owner of two hundred and fifty dol- 
lars' worth of taxable property, shall be enti- 
tled to vote at all elections for governor of th» 
State, members of the legislature and all other 
ofiicera the election of whom may be by the 
people of the State : Provided, That no person 
by reason of this article shall bo excluded from 
voting who has heretofore exercised the elective 



POLITICAL MISCELLANY. 



259 



franchise under the constitution or laws of this 
State, or who, at the time of the adoption of this 
amendment, may be entitled to vote under said 
constitution and laws. 

THE ELECTIONS OF 1867. 

In New Hampshire, t!ie vote stood : Gov- 
ernor — Elarrimsin, rvepublican, 35,776; Sinclair, 
Democrit, 32,733. Uepublican majority in Legis- 
lature, about 75. 

In Connecticut, the vote stood : Oovcrnor — 
Hawley, Republican, 40,585; English, Democrat, 
47,575. iState Legislature : Senate — Republicans 
11, Democrats 10. House — Republicans 124, 
Democrats 114. Republican majority on joint 
ballot, 11. 

In Rhode Island, the vote stood : Governor — 
Burnside, Republican, 7,554; Pierce, Democrat, 
3,350. The legislature is largely Republican. 

In Maryland, the vote on calling a conven- 
tion to revise the constitution of the State, was: 
For a convention, 34,534 ; against, 24,136. 

In Maryland, a new registry law was passed, 
directing the registering of " all white male per- 
sons " over twenty-one, not criminals or lunatics, 
and possessing sufficient residence. The legisla- 
ture also passed an act authorizing and directing 
the comptroller of that State to examine, adjust, 
and pay all claims presented to him for settle- 
ment by the officers and members, and others of 
the General Assembly of 1861. It rejected a 
bill to authorize colored persons to testify in the 
courts. It provided for the appointment by the 
governor, by the advice and consent of the sen- 
ate, in each county, of a " commissioner of slave 
statistics," to prepare statements of the names, 
number, age, sex, and physical condition of the 
slaves in the respective counties at the time of 
the adoption of the State constitution in 1864, 
to state whether they were slaves for life or term 
of years, and whether they were enlisted or 
drafted into the military service of the United 
States, so far as is known to said owners or 
others, and in what regiment they were placed, 
and what compensation, if any, has been received 
by such owners from the State or General Gov- 
ernment for such slaves — the lists to be preserved 
among the public records of the counties, and 
declared to be legal evidence of ownership, &c. 
The commissioners are to receive twenty-five 
cents per capita for each slave, to be paid by the 
former owner. 

CONSTITUTIONAL CONVENTIONS. 

A convention has recently been chosen in New 
YoEK by the votes of all persons qualified to 



vote for members of the Assembly ; but no per- 
son was allowed to vote who could not, if chal- 
lenged, take and subscribe this oath : 

"I (A. B.) do Bolemnly swear (or aflSrra) that I havo never 
voJuiitarily borno arms afraiiiBt the United States since I havo 
been a citizen thereof; that I liave voluntarily given no aid, 
countenance, counsel, or encouragement to persons engaged 
in armed hostility tliereto; that I liave neither souglit nor 
accepted, nor attempted to exercise, the functions of any 
office whatever under any autliority or pretended authority 
in hostility to the United States; that I havo not yielded a 
voluntary support to any pretended guvcrnnient, authority, 
power, or constitution within the United States, hostile or 
inimical thereto, and did nut wilfully desert from tho mili- 
tary or naval set vice of the United States, or leave this State 
to avoid the draft during the late rebellion." 

The convention is to meet in Albany on the 
first Tuesday in June. The new constitution is 
to be submitted in November next — as a whole 
or otherwise, as the convention may determine 
— to a vote of those qualified to vote for dele- 
gates. The convention stands, politically. Re- 
publicans 100, Democrats 60. 

A convention was chosen in Maryland, " by 
the registered voters thereof," on the second 
Wednesday of April, in which St. Mary's countj' 
has three delegates; Kent, 4; Calvert, 3; Cbarles, 
3; Baltimore county, 7; Talbot, 4; Somerset, 
5; Dorchester, 4 ; Cecil, 5; Prince George's, 4; 
Queen Anne's, 4 ; Worcester, 5 ; Frederick, 7 ; 
Harford, 5; Caroline, 4; Baltimore city, 21; 
Montgomery, 4 ; Allegany, 6 ; Carroll, 6 ; How- 
ard, 4; Anne Arundel, 4; and Washington, 6. 
Said constitution it is provided, shall contain a 
" clause prohibiting the legislature from making 
any law providing for payment by this State for 
persons heretofore held as slaves." The conven- 
tion is to meet in Annapolis, on the second 
Wednesday of May, 1807, the compensation of 
members to be five dollars per day and mileage, 
and the president of the convention is author- 
ized to order the payment of the compensation 
above provided, and the treasurer required to 
pay the same, in conformity with said order. The 
constitution is to be submitted to the legal and 
qualified voters for their ratification or rejection, 
at such time, in such manner, and subject to 
such rules and regulations as the convention may 
prescribe. Judges of election, clerks of court, 
or sheritfs failing or neglecting to perform any 
duties required of them respecting these elec- 
tions, are made liable to indictment, and fine of 
$1,000 and imprisonment of six months. The 
convention is unanimously Democratic and "Con- 
servative," the Republicans declining to run 
candidates. 

In Michigan, a Convention has been chosen, 
with a large Republican supremacy. 



Statement of the Public Debt of the United States on the 1st of April, 1867. 

Debt bearing coin interest fl,499,3Sl,59I 80 

Debt beai-ing currency interest 734,280,7)50 00 

Matured debt not presented for payment 12,bi:5,6a» Sa 

Debt bearing Qo interest.— U. S. Not'^s $375,417,249 00 

fractional currency 29,-17,494 96 

Gold certificates of deposit 12,590,600 00 

417,225,343 96 

Total debt » ^ 2,663,713,374 18 

Amount in IVeasury, Coin 105,950,477 22 

•' " Currency 34,328,826 52 

140,23.5,303 74 

Amount of Debt, 1«S8 Cash in th« Treasury...., $2,523,428,070 4^ 



260 



POLITICAL MANUAL. 



PRESIDENT JOHNSON ON HABEAS CORPUS. 

1865, July 7 — Fending the execution of the 
order of President Johnson, given on page 7, re- 
specting the convicted assassins of President Lin- 
coln, an effort was made to stay the execution 
by the counsel of Mrs. Surratt, who obtained a 
writ of habeas corpus on that day from Judge 
Wylie, one of the justices of the supreme court 
of the District of Columbia. 

This writ was served upon General Hancock 
by the marshal of the District, Mr. Gooding, and 
at 11 o'clock General Hancock, accompanied by 
Attorney General Speed, made his appearance in 
the criminal court room, and made the following 
return, to wit: 

" HEADQCAP.TEr.S MiDDLE MILITARY DIVISION, 

"Washington, D. C, Juli/ 7, 1865. 
"To Hon. Andrew Wylie, Judice of the Su- 
preme Court of the District of Columbia. 
"I hereby acknowledge the service of the writ 
hereto attached, and return the same, and re- 
spectfully say that the body of Mary E. Surratt 
is in my possession under and by virtue of an 
order of Andrew Johnson, President of the Uni- 
ted States, and Commander-in-Chief of the army 
and navy, for the purposes of said order ex- 
pressed, a copy of which is hereto attached and 
made part of this return ; and that I do not pro- 
duce said body by reason of the order of the Pres- 
ident of the United States indorsed upon said 
writ, to which reference is hereby respectfully 
made, dated July 7, 1865. 

" Winfield S. Hancock, 
"Major General U.S. Vols., commanding." 

The indorsement upon the writ is as follows: 
" Executive Office, 
" July 7, 1865—10 A. M. 
"To Major General W. S. Hancock, 

" Commanding, &c. 

"I, Andrew Johnson, President of the United 
States, do hereby declare that the writ of habeas 
corpus has been heretofore suspended in such 
cases as this ; and I do especially suspend this 
writ, and direct that you proceed to execute the 
order heretofore given you upon the judgment of 
the military commission ; and you will give this 
order in return to this writ. 

"Andrew Johnson, President." 

When Attorney General Speed appeared he 



addressed the court briefly upon the action of 
the Government in the premises, and argued to 
show that the suspension of the writ of habeas 
corpus was absolutely necessary in a time of war. 
He declared that the Government had given the 
case anxious consideration, and had directed that 
the writ should not be complied with after ma- 
ture deliberation. 

The court responded by saying that no further 
action should betaken in the premises. 

W. E. Doster, Esq., counsel for Payne and At- 
zerodt, also applied for a writ of habeas corpus 
in their behalf, but as the writ in the case of Mrs. 
Surratt had been of no avail, Judge Wylie de- 
clined to issue the writ. 

ADDITIONAL PROCLAMATIONS OF PRESI- 
DENT JOHNSON. 

1868, July 18 — President Johnson issued a 
proclamation reciting the ratification of the 
XlVth amendment by South Carolina, in sub- 
stantially the same terms as are used in the proc- 
lamation announcing the action in Florida and 
North Carolina, on page 379. 

1868, July 18 — President Johnson issued a 
like proclamation of the action in Louisiana. 

18G8, July 20 — President Johnson issued a 
like proclamation of the action in Alabama. 

1868, July 27 — President Johnson issued a 
like proclamation of the action in Georgia. 

SECOND ELECTION IN MISSISSIPPI. 

At the election held in Mississippi, November 
30 and December 1, 1869, under the proclamation 
of President Grant, (see page 505,) the vote was 
as follows: 

For the constitution, 113,735; againstit, 955. 

All of the separately-submitted portions (see 
page 505) were rejected, except section 5, article 
XII, which was ratified — yeas 70,427, nays 20,- 
834. Part of section 3, article VII, was reject- 
ed — yeas 2,206, nays 87,874. Section 5, article 
VII, was rejected — yeas 2,390, nays 87,253. Part 
of section 26, article XII, was rejected — yeas 
2,171, nays 88,444. [For text of these sections 
see page 505.] The total registration was 176,- 
792, of whom 76,110 were white, and 100,682 col- 
ored. The total vote polled on constitution was 
114,690. For Governor, James L. Alcorn, re- 
ceived 76,143 votes; Louis Dent 38,133. At the 
first election the constitution was defeated— Juao 
22, 1868. 



"jpjLiEtrn III, 

POLmOAL MANUAL FOR 1868. 



ORDERS, LETTERS, MESSAGE AND VOTES IN THE SENATE 

RESPECTING SECRETARY STANTON. 



Request for Mr. Stanton's Besignatien and 
Reply. 

1. — peesident johnson to secretaey stanton. 
Executive Mansion, 
Washington, August 5, 1867. 
Sir : Public considerations of a iiigh character 
constrain me to say that your resignation as 
Secretary of War will be accepted. 
Very respectfully, 

Andrew Johnson. 
To Hon. Edwin M. Stanton, 

Secretary of War. 

2. — secretary STANTON TO PRESIDENT JOHNSON. 

War Department, 
Washington, August 5, 1867. 
Sir: Your note of this day has been received, 
stating that public considerationsof a high char- 
acter constrain you to say that my resignation 
as Secretary of War will be accepted. 

In reply, I have the honor to say that public 
considerations of a high character, which alone 
have induced me to continue at the head of this 
Department, constrain me not to resign the office 
of Secretary of War before the next meeting of 
Congress. Very respectfully, yours, 

Edwin M. Stanton. 
To the President. 

Secretary Stanton's Suspension. 

3. — president JOHNSON TO SECEETAEY STANTON. 

ExEcaTivE Mansion, 
Washington, August 12, 1867 
Sir: By virtue of the power and authority 
vested in rae as President by the Constitution 
and laws of the United States, you are hereby 
suspended from ofiice as Secretary of War, and 
will cease to exercise any and all functions per- 
taining to the same. You will at once trans- 
fer to General Ulysses S. Grant, who has this 
day been authorized and empowered to act as 
Secretary of War ad interim, all records, books, 
papers, and other public property now in your 
custody and eharge. 

Very respectfully, yours, 

Andrew Johnson. 
To Hon. Edwin M Stanton, 

Secretary of War, 



t. — president JOHNSON TO GENERAL GRANT. 

Executive Mansion, 
Washington, August 12, 1867. 
i biR: Thehonorable Edwin M. Stanton having 
I boen vhis day suspended as Secretary of War, you 
are hereby authorized and empowered to act as 
Secretai-y of War ad interim, and will at once 
I enter upoh the discharge of the duties of that 
office. 

The Secretary of War has been instructed to 
transfer to you all records, books, papers, and 
other public property now in his custody and 
charge. Very respectfully, yours, 

Andrew Johnson. 
To General Ulysses S. Grant, 

Washington, D. C. 

5. general grant to secretary STANTON. 

Headq'es Armies of the United States, 
Washington, D. C, August 12, 1367. 
Sir: Enclosed herewith I have the honor to 
transmit to you a copy of a letter just received 
from the President of the United States, notifying 
me of my assignment as Acting Secretar}'' of VVar, 
and directing me to assume those duties at once. 
In notifying you of my acceptance, I cannot 
let the opportunity pass without expressing to 
you my appreciation of the zeal, patriotism, 
firmness, and ability with which you have ever 
discharged the duties of Secretary of War. 
With great respect, your obedient servant, 

U. S. Grant, Gtneral. 
To Hon. Edwin M. Stanton, 
Secretary of War. 

6. — secretary STANTON TO PRESIDI»rT JOHNSOH. 

War Department, 
Washington City, August 12, 1867. 
Sir: Your note of this date has been received, 
informing me that, by virtue of the power and 
authority vested in you as President by the Con- 
stitution and laws of the United States, I am 
suspended from office as Secretary of War, and 
will cease to exercise any and all functions per- 
taining to the same, and also directing me at 
once to transfer to General U. S. Grant, who has 
this day been authorized and empowered to act 
as Secretary of War ad interim, all records 

261 



2Gi] 



POLITICAL MANUAL. 



tiooks, papers, vtnd other public property now 
in my custody and charge. 

Under a sense of public duty I am compelled 
to deny your right, under the Constitution and 
laws of the United States, without the advice 
and consent of the Senate, and without legal 
cause, to suspend me from office as Secretary of 
War, or the exercise of any or all functions 
pertaining to the same, or without such advice 
and consent to compel me to transfer to any 
person the records, books, papers, and public 
property in my custody as Secretary. But inas- 
much as the General commanding the armies of 
the United States has been appointed ad interim, 
and has notified me that lie has accepted the 
appointment, I have no alternative but to sub- 
mit, under protest, to superior force. 
Very respectfully, yours, 

Edwin M. Stanton, 
Secretary of War. 

To the PRESIDENT. 

v.'— seceetap.r stanton to geneeal grant. 
War Department, 
Washington City, August 12, 1867. 

General: Your note of this date, accom- 
panied by a copy of a letter addressed to you, 
August i3, by the President, appointing you 
Secretary of War ad interim, and informing me 
of your acceptance of the appointment, has been 
received. 

Under a sense of -public duty I am compelled 
to deny the President's right, under tiie Consti- 
tution and laws of the United States, to suspend 
■ Jie from office as Secretary of War, or to author- 
ize any other person to enter upon the discharge 
of the duties of that office, or to require me to 
transfer to you or any other person the records, 
books, papers, and other property in my official 
custody and charge as Secretary of War. 

But, inasmuch as the President has assumed 
to suspend me from office as Secretary of War, 
and you have notified me of your acceptance of 
the appointment of Secretary of War ad interim, 
I have no alternative but to submit, under pro- 
test, to the superior force of the President. 

You will please accept my acknowledgment 
of the kind terms in which you have notified 
me of your acceptance of the President's ap- 
pointment, and my cordial reciprocation of the 
sentiments expressed. 

I am, with sincere regard, truly yours, 

Edwin M. Stanton, 
Secretary of War. 

General Ulysses S. Grant. 

Action of the Senate, January 13, 1868. 

January 1.3 — The Senate resumed considera- 
tion of the I'ollowing resolution, reported by the 
Committee on Military Affairs and the Militia, 
the 10th instant: 

Resolved, That having considered the evidence 
and reasons given by the President in his report 
of the 12th December, 1S67, for the suspension 
from the office of Secretary of War of Edwin M. 
Stanton, the Senate do not concur in such sus- 
pension. 

Which was determined in the afBrmative — 
7eas 35, nays G, as follow : 



Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, Cole 
Coiiklin^', Coiiiie.ss, Corbett, Cniftin, Drake, EJninnJs, Ferry, 
Fessenden. Fowler, Frelin<;liu.v.sen, Harlan, Howard, Howe, 
Morgan, .Morrill of Maine, Morrill of Vermont, Morton, Nye, 
Patterson of New Hanip^liiro, Ponieroy, Ramsey, Stewart, 
Siimtier, Thayer, Tipten, Triinibull, Wade, Willei, Williams, 
Wilson— o,-;. 

Nats— Messrs. Bayard, Buckaleiv, Davis, Dixon, DooUttlt, 
Patterson of Tennessee — 6. 

Not V.'TISO— Messrs. Grimes, Oiithrie, Henderson, Hen- 
drich-", Johnson. Norton, Uoss, Saulsbury, Sherman, Sprague, 
Van Winkle, Vickers, Vates — 13. 

[The National Intelligencer stated, in its news 
columns, that Messrs. Henderson and Hendricks 
were paired, and that Mr. Pioss, though present, 
declined to vote.] 

Action of General Grant. 

Headquarters Armies United States, 
Washington, D. C, January 14, 1868. 
Sir: I have the honor to enclose herewith 
copy of official notice received by me last eve- 
ning of the action of the Senate of the United 
States in the case of the suspension of Hon. E. 
M. Stanton, Secretary of War. According to 
the provisions of section two of "An act regu- 
lating the tenure of certain civil offices," my 
functions as Secretary of War ad ijiterim ceased 
from the moment of the receipt of the within 
notice. 

I have the honor to be, very respectfully, 
your obedient servant, 

U. S. Grant, General. 
His Excellency A. Johnson, 

President of the United States. 

Subsequent Action of President Johnson. 

18()8, February 21 — President Johnson sent 
this message to the Senate: 

Washington, D. C, February 21, 1868. 
To the Senate of the United States: 

On the 12th day of August, 1867, by virtue 
of the power and authority vested in the Presi- 
dent by the Constitution and laws of the United 
States, I suspended Edwin M. Stanton from the 
office of Secretary of War. In further exercise 
of the power and authority so vested in the 
President, I have this day removed Mr. Stanton 
from the office, and designated the Adjutant 
General of the Army as Secretary of War ad 
interim. 

Copies of the communications upon this sub- 
ject, addressed to Mr. Stanton and the Adjutant 
General, are herewith transmitted for the in- 
formation of the Senate. Andrew Johnson. 

[For copies of these orders, see the first and 
second Articles of Impeachment.] 

Further Proceedings in the Senate. 

February 21 — Mr. Edmunds submitted the fol- 
lowing resolution for consideration : 

Rciolued, That, having received and considered 
the communication of the President stating that 
he had removed from office Edwin M. Stanton, 
Secretary of War, the Senate disapprove the 
action of the President. 

Tiie Senate, by unanimous consent, proceeded 
to consider the saiii resolution. 

Mr. Dixon moved to amend the resolution, by 
striking out all after the word " Resolvi^d," and 
inserting as follows : Tliat the President be re- 
<luesiedto inform the Senate by ivhat authority he 



ORDERS, LETTERS, MESSAGES, ETC. 



263 



has removed Edwin M. Stanton from the office of 
Sccrciari/ of War. 

Mr. Drake moved to amend the amendmentof 
Mr. Dixon, by inserting a preamble, as follows: 
The Senate having received and considered the 
communication of the President of the United 
States, stating that he had removed Edwin 31. 
Stanton from the office of Secretary of War, it is. 

Whicii was disagreed to. 

The amendment of Mr. Dixon was disagreed 
to— yeas 4, nays 33, as follow : 

Yeas — Messis. Buckalew, Dixon. Doolillle, HenrJncks — 4. 

NAYS-Mis.srs. Antlioiiv, Canieruii, Cittell, Cliuiidler, Conk- 
ling. Ciiijik'.ss, C'orbett, Cnipin, Dmke, Edniniids, Fi'ri.v,Fes- 
Bendeii, Frelinjihuyspn, H;irliin, Henderson, Howard, Howe, 
Morrill ot Maine, Monill of Vennont, Patterson of New 
rianipsliire, I'oniero.v, Ramsey, Spin^ne, Stewart, Snniner, 
Tliayer, Tipton, Truniliull, Van Winkle, Willey, Williams, 
Wilson, Yates— u3. 

Not Voting — Messrn. Bayard, Cole, Davis, Fowler, 
Grimes, Jfilmsmi, McCreeri/, M(irf;an, Morton, JVortoii, Nye, 
Patterson of Tennessee, Rose, Saulshury, Sherman, Vickers, 
Wade— 17. 

Mr Clliandler moved to amend the resolution 
of Mr. Edmunds, by adding thereto the words: 
as a violation of the rights of the Senate, and 
unauthorized by law. 

Wiiich was disagreed to. 

Mr. Wilson moved to amend the resolution, by 
inserting a preamble, as follows : Whereas the 
Senate have received and considered the communi- 
cation of the President of the United States, stat- 
ing that he had removed Edwin M Sta.nton, 
Secretary of War, and had designated the Adju- 
tant General of the Army to act as Secretary of 
War ad interim; and by striking out all alter 
the word " Resolved," and inserting, as follows: 
by the Senate of the United States that, under the 
Constitution and laws of the United States, the 
President has no power to remove the Secretary 
of War and designate any other officer to per- 
form the duties of that office ad interim. 

Mr. Yates moved to amend the amendment of 
Mr. Wdson, by striking out all after the word 
" Resolved " and inserting, as follows: That the 
removal of Edwin M. Stanton, Secretary of War, 
and the appointment of a Secretary of War ad 
interim, during the session of the Senate, is simple 
resistance to law and revolutionary in character, 
and, that the Senate disapproves of the same, and 
advises the said Edwin M. Stanton, Secretary of 
War, not to surrender the office to any person 
whomsoever. 

Wbicli was disagreed to. 

Mr. Corbett moved to amend the amendment 
of Mr. Wilson, by striking out all after tlie word 
"Whereas" in the preamble, and inserting the 
words: The President has informed the Senate 
that he has removed the Secretary of War, Iloyi. 
E. M. Stanton, and appointed Adjutant General 
Thomas to act as Secretary of War ad interim, 
therej'ore be it; and by striking out all after the 
word " Resolved," and inserting in lieu thereof 
the words : That we do not concur in the action 
of the President in removing the Secretary of 
JVar and appointing the Adjutant General to act 
as Secretary of War ad interim; that we deny 
the right of the President so to act, under the ex- 
isting laws, without the consent of the Senate. 

Which was disagreed to. 

The amendment of Mr. Wilson to the resolu- 
tion of Mr. Edmunds was then agreed to — yeas 
28, nays 6, as follow: 



Ye.^s — Messrs. Anthony, Cameron, Cattell, r, lo, Conk- 
linp, Crasin, Drake, Ferry, Harlan, Morrill of Maine, Mor- 
rill of Vermont, Jlorton, Patterson of New Uaoipshiro 
Pomeroy. Ramsey, Ross, Spragtie, Stewart. Somner, 'I liayer, 
Tipton, TrnnUii 11, Van Winkle, Wade, Willey, W illianis, 
WilBon, Yates— 28. 

Nays — Messrs. BurXahw, Davis, DooHltle, Edmunds 
Hendricks, I'atlerson of Tennessee — 6. 

Not VoTlNO-Messrs. liayard, Clmndler, Conness, Cor- 
liett, Dixon. Fessenden, Fowier, Frelingliiiysen, (irimes. 
Ilonderson, Howard, Howe, Johnson, McCieery, Morgan 
Norton, Nye, Saulslmry, Slierman, Vicke.rs~'ii). 

The resolution, as amended, was then agreed 
to without a division. 



Acceptance of General Lorenzo Thomas. 

War DErARTMEST, 
Adjutant General's Office, 
Washington, February 21, 1868. 
His Excellency Andrew Johnson, President of 

the United States. 

Sir : I have the honor to report that I have 
delivered the communication .addressed by you 
to the honorable Edwin M. Stanton, removing 
him from the office of Secretary of the War De- 
partment, and also to acknowledge the receipt 
of your letter of this date authorizing and em- 
powering me to act as Secretary of War ad in- 
terim. I acce[)t this appointment with gratitude 
for the confidence reposed in me, and will en- 
deavor to discharge the duties to the best of my 
ability. 

I have the honor to be, sir, your obedient ser- 
vant, L. Thomas, Adjutant General. 



Secretary Stanton "Relinquished Charge" of 
the War Department. 

Secretary Stanton remained in possession of 
the War OtBce till after the vote in the Senate, 
sitting as a couft of impeachment, on the 26th 
of May, on which day he addressed this com- 
munication to President Johnson : 

War Department, 
Washington City, May 26, 186S. 

Sir: The resolution of the Senate of the 
United States, of the 21sl of February last, de- 
claring that the President " has no power to re- 
move the Secretary of War and designate any 
other officer to perform the duties of that office 
ad interim," having this day failed to be sup- 
ported by two-thirds of the Senators present 
and voting on the articles of impeachment pre- 
ferred against you by the House o-f Representa- 
tives, I have relinquished charge of the War 
Department, and have left the same, and the 
books, archives, papers, and property, heretofore 
in my custody as Secretary of War, in care of 
Brevet Major General Townsend, the senior 
Assistant Adjutant General, subject to your di- 
rection. Edwin M. Stanton, 

Secretary of War. 

To the President of the United States. 

Secretary Stanton's order to Gen. Townsend 
is as follows : 

War Department, 
Washington City, May 26, 1868. 
General: You will take charge of the War 
Department, and the books and papers, archivea 
ana public property, belonging to thasame, sul»- 



264 



POLITICAL MANUAL. 



ject to the disposal and direction of the Presi- 
dent. Edwin M. Stanton, 

Secretary of War. 
Brevet Major Gen. E. D. Townsend. 

Assistant Adjutant General. 

Action of the Senate upon the Nomination of 
General Schofield. 

1868, May 29— Mr. Edmunds offered the fol- 
lowing preamble and resolution : 

Whereas, on the 23d of April, 1868, the Presi- 
dent nominated John M. Schofieki to be Secretary 
of War, in place of Edwin M. Stanton, removed ; 
und wiiereas, in the opinion of the Senate, the said 
Stanton has not been legally removed from his 
office, but inasmiich as the said Stanton has relin- 
quished his place as Secretary of W;ir, for causes 
stated in his note to the President: Theiefore 

liesolved, Tliat the Senate advise and consent 
to the appointment of John M. Schofield to be 
Secretary of War. 

Mr. WiUey moved to amend Mr. Edmunds's 
resolution, by striking out all after " Resolved," 
and inserting That the Senate advise and consent 
to the apijointment of John M. Schofield to be 
Secretary for the Deparimejit of War, in the 
place of Edwin M. Stanton, hereby removed. 
Which was debated and withdrawn by him. 
Mr. Frelinghuysen moved to amend Mr. Ed- 
muni-s's resolution, by striking out all after "'Re- 
solved," and inserting That the Senate advise 
and consent to the appointment of John M. Scho- 
field to be Secretary for the Department of War, 
in the place of Edwin M. Stanton, who has re- 
linquished that office. 

Mr. Henderson moved to amend the amend- 
ment of Mr. Frelinghuysen, by striking out the 
words " in the place of Edwin AI. Stanton, who 
lias relinquished that office." 
\Vhich was rejected. 

Mr. Stewart moved to amend Mr. Freling- 
liuysen's amendment, by striking out all after 
" Resolved," and inserting That the Senate advise 
and consent to the appointmoit of John M. 
Schofield as Secretary of War, in place of Edwin 
M. Stunton, who has been forced to retire from 
the discharge of the duties of said office by reason 



of the illegal and unconstitutional acts of th4 
President of the United States. 

Which was rejected — yeas 19, nays 21, as 
follow : 

Ve.\8— Messrs. Cameron. Cattell, Cole, ConklinK, Conness. 
Cia^iii, Drake, Morrill of Vermont, Patterson of New llarnp* 
sliire, Ponieroy, Ramsey, Stewart, Sunnier, Thayer, Tipton, 
>Vi.<ie, Williams, Wilson, Yates— 19. 

Nays— Mes.srs. Anitiony, Buclcalevj. Corbelt. Do.tlittle.'EtU 
miiuils, I'owler, Frejiiighuyseii. Henderson, Hendricka, John- 
son, McCreery. Morgan, Morton. Norton, Patterson of Ten- 
nessee, Ross, Sprague, Trumbull, Van Winkle, Vicktrt, 
Willey— -Jl. 

Not Voting — Messrs. Bayard, Chandler, Davis, Dixon, 
Feiry. Fessenden, Grimes, IHarlan, Howard, Howe, Morrill 
of Maine, Nye, Saulsbury, Sherman— 14. 

The amendment of Mr. Frelinghuysen was 
then rejected — yeas 15, nays 22, as follow: 

Yea.'!— Messrs. Buckalew. Corliett, Doolittle, Fowler, Fre- 
Iin;;luiysen, Hendricks, .Johnson, McCreiry, Norlnn, Patter- 
son of Tennessee, Ross, Sprague, Tipton, Van Winkle, Vick- 
ers — 15. 

Nats— Anthony, Cameron, Cattell, Cole. Conkling:, Con- 
ness, Craj,'in, Drake, Edmunds, Morgan, Morton, Patterson 
of New HampsJiire, Pomeroy, Ramsev, Stewart, Sumner, 
Thayer, Wade, Willey, Williams, Wilson. Yates- 22; 

Not Votixo— Messrs. Bayard, (handler, Duvis, Dixon, 
Feiry, Fessenden, Grimes, Harlan, Henderson, Howard, 
Howe, Morrill of Maine, Morrill of Vermont, Nye, Sauls- 
bury, Sherman, Trumbull — 17. 

The resolution offered by Mr. Edmunds was 
then agreed to — yeas 35, nays 2. as follow : 

Yeas — Messrs. Anthony, BttctaZew, Cameron, Cattell, Cole» 
Conness, Corbett, Doolittle, Drake, Kdmnnds, Fowler, Fre- 
linghuysen, Harlan, Henderson, Hendricks,Johnson, Morgan, 
Morrill of Vermont, Morton, Patterson of New Hampshire, 
Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sprague, 
Stewart. Thayer, Tipton, Trumbull, Van Winkle, Vickers, 
Willey, Williams, Wilson, Yates — .35. 

Nays — Mes-srs. McCreery, Norton — J. 

Not Voti.ng — Messrs. Bayard, Chandler, Conkling, Cragin, 
Davis, Dixrin, Ferry, Fessenden, Grimes, Howard. Howe, 
Morrill of Maine, Nye, Saulsbury, Sherman, Sumner, Wade 
-17. 

The preamble was then agreed to — yeas 28, 
nays 13, as follow : 

Y'eas — Me.ssrs. Anthony, Cameron, Cattell, Cole, Conkling, 
Conness, Corbett, Cragin, Drake, Kdmnnds, Frelinghuysen, 
Harbin, Morgan, .Morrill of Vermont, .Mortcjn, Patterson of 
New Hampshire, Pomeroy, Ramsey. Sprague, Stewart, Sum- 
ner, Thayer, Tiptou, Wade, Willey, Williams, Wilson, Yates — 
2S. 

Nays — Buckalew, Doolittle, Fowler, Henderson, Hendricks, 
Johnson, McCreery, Norton, Patterson of Tennessee, Koss, 
Trumbull. Van Winkle, Vickers — 13. 

Not Voting — Me.ssrs. Bayard, Chandler, Davis. Dixon, 
Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maiae, 
Nye, Saulsbury, Shermau— 13. 



XXIV. 



THE ARTICLES OF IMPEACHMENT AND REPLY, 

VOTES IN THE HOUSE, AND JUDGMENT OF THE SENATE. 



Proposed Impeachment of President Johnson.* 

18ij7, Novembt-r 25 — Mr. Boutwell, from the 
Committee on the Judiciary, submitted a report, 
representing the views of the majority, (Messrs. 
Boutwell, Thomas, Williams, Lawrence, and 
CliurcbiH,) and closing with this resolution: 



* Contlnned from pace 64 of the Manual of 1867, or page 
\W of the coiulMOed MauiuaU. [No report was made ut the 

July HUIMOU.] 



Resolved, That Andrew Johnson, President of 
the United States, be impeached for high crimes 
and misdemeanors. 

Mr. Wilson, for himself and Mr. Woodbri'Jee, 
and Mr. Marshall, for himself and Mr. El- 
dridgo, submitted minority reports. 

December 7 — The resolution above recited was 
disagreed to — yeas 57, nays 108, as follow : 

Yeas — Messrs. Anderson, -Arnell, J. M. Ashley, Koutwell, 
Bromwell, llroomall, Benjamiu F. liutlcr, Churchill. Rcadet 



THE ARTICLES OF IMPEACHMENT, ETC. 



265 



W. Clarke, Sidney Clarke, Cobb, Cobiirn, Covode, Cullom, 
i)onneIly, Eckley,*Elii,Farnswortb,GraTely, Harding, Ili^by, 
Hopkius, Hunter, Jndd, Julian, Kelley, Kelsey, William 
Lawrence, Loan, LoRan, Loughriilge, Lynrh, Mayiiard, 
AcClurg, Mercur, Mullins, Myero, Newcomb, Nunn, O'Neill, 
Ovth. Paine. Pile, Price, Scbenck, Shanks, Aiiron F. Stevens, 
Tbaddeus Stevens, Sluices, Tlionias, John Trimble, Trow- 
bridge, Robert T. Van Horn, Ward, Thomas Williams, Wil- 
liam Williams, Stephen F. Wilson— 57. 

Nats— Messrs. Adams, Allison, Ames, Archer, Delos R. 
Ashley, Arlell, Bailey, Baker, Baldwin, Banks, Barmim, 
Beanian, Beck, Benjamin, lienton, Bingliam, Blaine, B'lyer, 
Brooks, Bucklaud, Burr, Cart/, Olianhr, Cook, Dawes, Dixon, 
Dod^c, Drissrs, E^gle^lou, Eldiidge, Eliot, Ferri>s, Ferry, 
Fields, Garfield, Get:, Glnsshrenncr, Golladay, Griswold, Gro- 
ver, Haifiht, Ualsey, Hamilton, Hawkins, Hill, Ilolman, 
Hooper, Hotclildss, Asahel W. Hubbard, Chester D. Hubbard, 
Richard D. Hubbard, Hulburd, Humphrey, Insersoll, John- 
son, Jones, Ken-, Ketcham. Knott, Koontx, Laflin, George V. 
Lawrence, Lincoln, Marshall, Marvin, McCarthy, ilcCul- 
lough. Miller, Moorliead, Morgan, Mungen, Niblack, Nichol- 
son, Perhani, Peters, Phelps, Pike, Plants, Polnnd, Polsley, 
Pruyn, Randall. Robertson, Jiobinsrm, Boss, Sawyer, Sit- 
greaves, Smilh, Spalding, Starkweather, Stewart, Stone, Ta- 
Oer, Taylor, Upson, Van Aeiuam, Van Auken, Vun Trump, 
Van Wyck. Cadwalader C.Wiisbbnrn, Ellihu B. Washburne, 
Henry I). Washburn, William B. Washburn, Welker, James 
F. Wilson, John T. Wilson, Woodbridge, Woodv}<ird- 108. 

EESOLUTION OF INQUIRY. 

1868, January 27 — Mr. Spalding moved a 
Buspension of the rules, to allow him to offer this 
resolution : 

licsolved. That the Committee on Reconstruc- 
tion be authorized to inquire what combinations 
have been made or attempted to be made to ob- 
struct the due execution of the laws, and to that 
end the committee have power to send for per- 
sons and papers, and to examine witnesses on 
oath, and report to this House what action, if 
any, they may deem necessary, and that said 
committee have leave to report at any time. 

Which was agreed to — yeas 103, nays 37, and 
the resolution was adopted — yeas 99, nays 31. 

OTHER MATTERS REFERRED. 

February 10 — The evidence taken on Impeach- 
laent by the Committee on the Judiciary was, on 
Motion of Mr. Thaddeus Stevens, referred to 
the Committee on Reconstruction, and the com- 
mittee was given leave to report at any time. 

February 11 — The correspondence between 
General Grant and President Johnson, relating 
to the retirement of the former from the War 
Office, was also referred to the Committee on 
Reconstruction. 

February 13-The Committee on Reconstruction 
are reported to have voted down resolutions of 
impeachment offered by Mr. Thaddeus Stevens. 

The vote on a motion to lay them on the 
table was, yeas 6, nays 3, as follow: 

Yeas — Messrs. Beaman, Beck, Bingham, Brooks, Hul- 
burd, Paine — 6. 

Nays — Messrs. Boutwell, Farnsworth, T. Stevens — 3. 

The Final Effort at Impeachment. 

In House. 
1868, February 21 — The Speaker, by unani- 
mous consent, laid before the House the follow- 
ing communication from the Secretary of War: 
War Department, 
Washington Citt, February 21, 1868. 
yiR : General Thomas has just delivered to me 
a copy of the enclosed order, which you will 
please communicate to the House of Represent- 
atives. E. M. Stantok, 

Sccntary of War. 
Hon. Schuyler Colfax, 

Speaker House oj Hepreientatives 



Executive Mansion, 
Washington, D. C, February 21, 1868. 

Sir: By virtue of the power and autiiority 
vested in me as President by the Constitution 
and laws of the United States you aie liereby 
removed from ollice as Secretary for the Depart- 
ment of War, and your functions as such will 
teiminate upon the receipt of this communica- 
tion. 

You will transfer to Brevet ]\Iaior General 
Lorenzo Thomas, Adjutant General of the Army, 
who has this day been authorized and empow- 
ered to act as Secretary of War ad interim, all 
records, books, papers, and other public property 
now in your custody and charge. 

Respectfully, yours, 

Andrew Johnson. 

To the Hon. Edwin M. Stanton, 

Washington, D. C. 

Which was referred to the Committee on Re- 
construction, with authority to report at any 
time, together with a resolution offered by Mr. 
Covode, as follows : 

Fesolvcd, That Andrew Johnson, President of 
the United States, be impeached of high crimes 
and misdemeanors. 

report of committee. 

1868, February 22-Mr. Thaddeus Stevens, 
from the Committee on Reconstruction, made the 
following report: 

The Committee on Reconstruction, to whom 
was referred, on the 27th day of January last, 
the following resolution : 

Resolved, That the Committee on Reconstruction be an- 
thorized to inquire what combinations have been made or 
attempted to bo made to obstruct the due execution of the 
laws; and to that end the committee have power to send 
for persons and papers and to examine witnesses on oath, 
and report to this House what action, if any, they may deem 
necessary, and that said committee have leave to report at 
any time ; 

And to whom was also referred, on the 21st 
day of February, instant, a communication from 
Hon. Edwin M. Stanton, Secretary of War, dated 
on said 2Ist day of February, together with a 
copy of a letter from Andrew Johnson, President 
of the United States, to the said Edwin M.Stan- 
ton, as follows: 

Executive Mansion, 
Washington, D. C, February 21, 1868. 

Sir: By virtue of the power and authority 
vested in me as President by the Constitutioa 
and- laws of the United States you are hereby 
removed from office as Secretary for the Depart- 
ment of War, and your functions as such will 
terminate upon the receipt of this communica- 
tion. 

You will transfer to Brevet Major General 
Lorenzo Thomas, Adjutant General of the Army, 
who has this day been authorized and empow- 
ered to act as Secretary of War ad interim, all 
records, books, papers, and other public property 
now in your custody and charge. 

Respectfully, yours, Andrew Johnson. 

To the Hon. Edwin M. Stanton, 

Washington. D. C 

And to whom was also referred by the House 
of Representatives the following resolution, 
namely : 

Resolved, That Andrew Johnson, President of tho 
United States, be imneacbed of high crimes and misde.- 
meanora; 



266 



POLITICAL MANUAL. 



Have considered ilie peveral subjects referred 1 
to them, and suhinit tlie t'ollowing report: 

That, in addition to the juipers referred to the 
eomtnittee, the committee tiiui tliat the President, 
on the 21st day of February, 1S68, signed and 
issued a commission or letter of authority to one 
Lorenzo Tliomas, <lirecting and authorizing said 
Thomas to act as Secretary of War ad interim, 
and to take possession of the books, records, and 

Eapers, and other public yiroperty in the War 
•epartment, of which the following is a copy: 
EsECUTiVK Maxsiox, 
Washington, February 21, 1868. 
Sir: Hon. Edwin M. Stanton having been 
this day removed from ofTice as Secretary for the 
Department of War, you are hereby authorized 
and empowered to act as Secretary of War ad 
interim, and will immediately enter upon the 
discharge of the duties pertaining to that office. 
Mr. Stanton has been instructed to transfer to 
you all the records, books, papers, and other 
public property now in his custody and charge. 

Respectfully, yours, Andrew JonNSON. 

To Brev. Mai. Gen. Lorenzo Thomas, 

Adjutant General U.S. A., Wasidngton, D . 0. 
Official copy respectfully furnished to Hon. 
Edwin M. Stanton. L. Thomas, 

Secretary of War ad interim. 
Upon the evidence collected by the committee, 
which is herewith presented, and in virtue of 
the powers with which they have been invested 
by the House, they are of "the opinion that An- 
drew Johnson, President of the United States, 
be impeached of higli crinaes and misdemeanors. 
They therefore recommend to the House the 
adoption of the accompanying resolution. 
Thaddeits Stevens, 
George S. Boutwell, 
John A. Bingham, 
c. t. hulburd, 
John F. Farnswobth, 
F. C. Beaman, 
H. E. Paine. 
Eesolution providing for the impeachment of 
Andrew Johnson, President of the United 
States. 

Resolved, That Andrew Johnson, President of 
the United States, be impeached of high crimes 
and misdemeanors in office. 

February 24 — This resolution was adopted — 
yeas 128, nays 47, as follow : 

Yeas— Messrs. Allison, Amc3. Anderson, Arnell, Delos R. 
Ashley, JiUiics M. Asliley, Bailey, JJaker, Baldwin, Biinks 
Beamnu, Beatty, Benton, Biii;;bam, Blaine, blair, Itoiitwell, 
Broniwell, Brooma!!, Biickland, Butler, Cake, Chiirchlll, 
Render W. Clarke, Sidney Clarke, Colib, Cobiirn, Cook, Cor- 
nell, Covode, Cull(jm, Dawes, Uodgo, Drig^s, Kekley,Egele8- 
ton, Eliot, farnswortl), Feriiss, Ferry, lields, Cravely, Gris- 
Trold. Ilalsev, Harding, Iligby. Hill, Hooper, Hopkins, Asahel 
W. Iluljliard, Chester D. llni)ljard, Ilnlburd, Hunter, Inger- 
Boll, Jenckes, Jndd, JnVian, Kellcy, Kelsey, Ketcham, 
Kitchen, Koontz, I,aflin, Oeoigo V. I,:iwrence, William J/iW- 
renco, Lincoln, Loan, Logan, Longliridge, Lynch, Mallory, 
Marvin. McCarthy, McClurp, Mercnr, Miller, Moure, Moor- 
liead, Moircll, Mulline, Myers, Newconib Nnnn, O'Neill, 
Orth, I'aiiie, Perliam, Pe<ers, I'iko, Pile, Plants, Poland, 
Polsloy, Price, Rainn, Robertson, i^Hwyer.Srhenck, Scofield, 
Eelye, Shanks, Smith, Spalding, Starkweather, Aaron F. 
Btevens, Thaddeiis Stevens, Stokes, 'i'affe, Taylor, Thomas, 
Trowbridge, Twichell, Upson, Van Avrnam, Bnrt Van Horn, 
Van Wyik.Wanl.CadwaHderC. Washburn, Kllihn B.Wash- 
liurne,"VVilli:ini B. WaHlibnrn, Welker, Thomas Williams, 
James V. W ilson, Jcjhn T. Wilson, Stephen F. Wilson, Win- 
doni, Woo.lbridge, Mr. Speaker Colfax— 128. 
Nat*— Messrs. Adamt, Ardier, AxUll, Barnes, ISamum, 



Beck, Boyer, Brook.i, Burr, dry, Chonlrr, Elifridge. fhx, 
Getz, Glossbrenner, GiUuclay. Gi over, li i\<ilit. Ilnhnan. IJ'Icli- 
kiss, liichard D. tlulbai-tl, Huti>p!irey.Ji>:i)ison..l'inis. Kerr, 
Knott, Marshall, McCormic!:, McCnlhiwih, Mnrrjun. Mniris^ey, 
Mungen, jyiblacl;, Kieliolum, I'liclpf, J'ruyii, Jiatidall. Jfos.i, 
Sitgieaves, S/ewart, Slmie, Tahir, I.imrence S. Triiuhle, Van 
Atiken, Van Trump, Wood, Wondivard — 47. 

Not Voting — Mi-ssrs. Benjaniin, Dixon, Donnelly, EIn, 
Finney, Garfield, Hawkin.s, Minnard, I'omerov, Rohinsom, 
.-hellabarger, .John Trimble, Pvobert T. Van Hoin, Henry D. 
Washburn, William W^illiams — \b. 

Same day — On motion of Mr. Thaddeua 
Stevens, the appointment of a comiiiittee of two 
to notify the Senate, and of a committee of 
seven to prepare and report Articles of Impeach- 
ment against Andrew Johnson, President of the 
United States, was ordered, with power to send 
for person?, yiapers, and records, and to take 
testimony under oath. 

Wiiich was agreed to — y^as 124, nays 42 

The Speaker appointed Messrs. Thaddeus 
Stevens and John A. Bingham on the former, 
and Messrs. Boutwell, Thaddeus Stevens, Bing- 
ham, James F.Wilson, Logan, Julian, and Ward, 
on the latter. 

Februar}' 25 — Mr^ Thaddeus Stevens and Mr. 
John A. Bingiiam appeared at the bar of the 
Senate and delivered the following message : 

Mr. President: By order of tiie House of 
Pi,epresentatives, we appear at the bar of the 
Senate, and in the name of the tlonse of Pvep- 
resentatives, and of all the people of the United 
States, we do impeach Andrew Johnson, Presi- 
dent of the United States, of high crimes and 
misdemeanors in office ; and we do further in- 
form the Senate that the House of Representa- 
tives will in due time exhibit particular articles 
of impeachment against him, and make good 
the same; and in their name we DO demand 
that the Senate take order for the appearance 
of the said Andrew Johnson to answer to said 
impeachment. 

The President of the Senate pro tempore re- 
plied that the Senate would take order in the 
premises, and the committee withdrew. 

Same day — The committee reported to the 
House the response received at the bar of the 
Senate. 

Articles of Impeachment and Votes thereon, 
the Answer of President Johnson, the Repli- 
cation of the House, the Progress of the 
Trial, and the Judgment of the Senate. 

Fortieth Congress. Second Session, 
In the House of Representatives U. S., 
March 2, ISGS. 
Articles exhibited by the House of Representatives 
of the United States, iii the name of themselves 
and all the people of the United States, arjainst 
Andrew Jolinson, President of the United 
States, in maintenance and supjjort of their im- 
peachment against him for high crimes and 
misdemeanors in office. 

Article I. — That the said Andrew Johnson, 
President of the United States, on the 21st day of 
February, in the year of our Lord 18G8, at Wash- 
ington, in the District of Columbia, unmindful 
of the iiigh duties of bis office, of his oath of 
office, and of the requirements cf the Constitu- 
tion that he should take rare that tl;e laws be 
faithfully executed, did nnlawf-.illv, and in vio- 
lation of the Constitution and »aws of the United 



THE ARTICLES OF IMPEACHMENT, ETC. 



267 



States, issne an order in writing for the removal 
of Edwin M. Stanton from tlie office of Secretary 
for tlie Department of War, said Edwin M. 
Stanton having been theretofore duly appointed 
and commissioned, by and with the advice and 
consent of the Senate of tlie United States, as 
such Secretary, and said Andrew Johnson, 
President of the United States, on the 12th day of 
August, in the year of our Lord 1867, and during 
the recess of said Senate, having suspended by 
his order Edwin M. Stanton from said office, and 
•within twenty days after the firfet day of the 
next meeting of said Senate, that is to say, on 
the 12th day of December, in the year last afore- 
said, liaving reported to said Senate such sus- 
pension with the evidence and reasons for his 
action in the case and the name of the person 
designated to perform the duties of such office 
temporarily until tlie next meeting of the Senate, 
and said Senate thereafterwards on the 13th day 
of January, in the year of our Lord 1868, having 
duly considered the evidence and reasons re- 
ported by said Andrew Johnson for said suspen- 
sion, and having refused to concur in said suspen- 
sion, whereby and by force of the provisions of 
an act entitled " An act regulating the tenure of 
certain civil offices," passed March 2, 1867, said 
Edwin M. Stanton did forthwith resume the func- 
tions of his office, whereof the said Andrew 
Johnson had then and there due notnce, and said 
Edwin M. Stanton, by reason of the premises, on 
said 21st day of February, being lawfully entitled 
to hold said" office of Secretary for the Depart- 
ment of War, which said order for the removal 
of said Edwin M. Stanton is in substance as 
follows, that is to say : 

ExECUTivR Mansion, 
WASniNGTON, D. C, Fehruary 21, 1868. 

Sir : By virtue of tlio'puwer and authority vested in rae 
as President by the Constitution and laws of tlie United 
States you are hereby removed from office as Secretary for 
the Department of War, and your functions as such will 
terminate upon receipt of this con)munication. 

You will transfer to Brevet Majnr General Lorenzo 
Thomas, Adjutant General of the Army, who has this day 
been authorized and empowered to act as Secretary of War 
ad interim, all records, hooks, papers, and other public 
property now in yciur custody and charge. 

Respectfully, yours, Andrew Johnsos. 

To the Hon. Edwin M. Stanton, Wushington, D. C. 

Which order was unlawfully issued with intent 
then and there to violate the act entitled "An 
act regulating the tenure of certain civil offices," 
passed March 2, 1867, and with the further intent, 
contrarjr to the provisionsof said act, in violation 
thereof, and contrary to the provisions of the Con- 
stitution of the United States, and without the 
advice and consent of the Senate of the United 
States, the said Senate then and there being in 
session, to remove said Edwin M. Stanton from 
the office of Secretary for the Department of 
War, the said Edwin M. Stanton being then and 
there Secretary for the Department of War, and 
being then and there in the due and lawful exe- 
cution and discharge of the duties of said office, 
whereby said Andrew Johnson, President of the 
United States, did then and there commit, and 
was guilty of a high misdemeanor in office. 

Article IL — That on the said 21st day of 
February, in the year of our Lord one thousand 
eight hundred and sixty-eight, at Washington, 
in the District of Columbia, said Andrew John- 
son, President of the United States, unmindful 
01 the high duties of his office, of his oath of 



office, and in violation of the Constitution of the 
United States, and contrary to tlie [trovisions of 
an act entitled "An act regulating the tenure 
of certain civil offices," passed March 2, eighteeu 
hundred and sixty-seven, without the advicfl 
and consent of the Senate of the United States, 
said Senate then and there being in session, and 
without authority of law, did, with intent to 
violate the Constitution of the United States, 
and the act aforesaid, issue and deliver to one 
Lorenzo Thomas a letter of authority in sub 
stance as follows, that is to say : 

Executive Mansion, 
Washington, D. C, Fehrua y 21, 1868. 

Sir: The Hon. Edwin M. Stanton liaving been this daj 
removed from office as Secretary for thoDepartment of War, 
you are hereby authorized and empowered to act ;!S Secre- 
tary of War od jnJfr/iu, and will immediately enter upon 
the <lischarg;e of the duties pertaining to that office. 

Mr. Stanton has been instructed to triinsfer to you all 
the records, books, papers, and other public property now 
in bis custody and charge. Respectfully, yours, 

Andrew Johnson. 

To Brevet Major General Lorenzo Thomas, 

Adjutant iientral JJ. S.Army, Washington, D. 0. 

Then and there being no vacancy in said office 
of Secretary for the Department of War, whereby 
said Andrew Johnson, Pre-ident of the United 
States, did then and there commit and was 
guilty of a high misdemeanor in office. 

Article III. — That said Andrew Johnson, 
President of the United States, on the 21st day 
of February, in the year of our Lord 1868, at 
Washington, in the District of Columbia, did 
commit and was guilty of a high misdemeanor 
in office, in this, that, without authority of law, 
while the Senate of the United States was then 
and therein session, he did appoint one Lorenzo 
Thomas to be Secretary for the Department of 
War a(^ interim, without the advice and consent 
of the Senate, and with intent to violate the 
Constitution of the United States, no vacancy 
having hajipened in said office of Secretary for 
the Department of War during the recess of the 
Senate, and no vacancy existing iu said office 
at the time, and which said appointment so made 
by said Andrew Johnson, of said Lorenzo Thomas, 
is in substance as follows, that is to say : 

Executive Mansion, 
Washington, I>. C, Fc'n-uary 21, 1868. 
Sir: The Hon. Edwin M. Stanton having been this day 
removed from office as Secretary for th« Department of War, 
you are hereby aiithoiized and empowered to act as .'Secre- 
tary of War ad interim, i\ud will immediately enter upon 
the discharge of the duties pertainin<; to that office. 

Mr. Stanton has been instcucted to transfer to you all 
the records, books, papers, and other public property now ia 
his custody and charge. Respectfully, yours, 

Andrew John.son. 
To Brevet Major Oen. Lorenzo Thomas, 

Adjutant General U. S. Army, Washington, D. C. 

Article IV. — That said Andrew Johnson, 
President of the United States, unmindful of 
the high duties of his office and of his oath of 
office, in violation of the Constitution and laws 
of the United States, on the 21st day of Feb- 
ruary, in the year of our Lord 1868, at Wash- 
ington, in the District of Columbia, did unlaw- 
fully conspire with one Lorenzo Thomas, and 
with other persons to the House of. Represent- 
atives unknown, with intent, by intimidation 
and threats, unlawfully to hinder and prevent 
Edwin M. Stanton, then and there the Secretary 
for the Department of War, duly appointed 
under the laws of the United "States, from 
holding said office of Secretary for the Deoart 



268 



POLITICAL MANUAL. 



ment of War, contrary to and in violation of 
the Constitution of the United States, and of 
the provisions of an act entitled " An act to 
define and punish certain conspiracies," approved 
July 31, 18()1, wliereby said Andrew Johnson, 
President of the United States, did then and 
there commit and was guilty of a high crime 
in ofBce. 

Article V. — That said Andrew Johnson, 
President of the United States, unmindful of the 
rigii duties of his office and of his oath of olBce, 
on tlie 21st day of February, in the year of our 
Lord 1868, and on divers otlier days and times 
in said year, before the 2d day of March, in the 
year of our Lord 1868, at Washington, in the 
District of Columbia, did unlawfully conspire 
with one Lorenzo Thomas, and with other per- 
sons to the House of Representatives unknown, 
to prevent and hinder the execution of an act 
entitled "An act regulating the tenure of cer- 
tain civil offices," passed March 2, 1867, and in 
pursuance of said conspiracy did unlawfully 
attempt to prevent Edwin M. Stanton, then and 
there being Secretary for the Department of 
War, duly appointed and commissioned under 
the laws of the United States, from holding said 
oflace, whereby the said Andrew Johnson, Presi- 
dent of the United States, did then and there 
commit and was guilty of a high misdemeanor 
in office. 

Article VI. — That said Andrew Johnson, 
President of the United States, unmindful of 
the high duties of his office and of his oath of 
office, on the 21st day of February, in the year 
of our Lord 1868, at Washington, in the District 
of Columbia, did unlawfully conspire with one 
Lorenzo Thomas, by force to seize, take, and 
possess the property of the United States in the 
Department of War, and then and there in the 
custody and charge of Edwin M. Stanton, Sec- 
retary for said Department, contrary to the pro- 
visions of an act entitled " An act to define and 
punish certain conspiracies," approved July 31. 
1861, and with intent to violate and disregard ' 
an act entitled "An act regulating the tenure of 
certain civil offices," passed March 2, 1867, 
whereby said Andrew Johnson, President of the 
United States, did then and there commit a high 
crime in office. 

Article VII. — That said Andrew Johnson, 
President of the United States, unmindful of 
Uie high duties of his office and of his oath of 
office, on tiie 21st day of February, in the year 
of our Lord 1868, at Washington, in the Dis- 
trict of Columbia, did unlawfully conspire with 
one Lorenzo Thomas, with intent unlawfully to 
seize, take, and possess the property of the 
United Slates in the Department of War, in tlio 
custody and charge of Edwin M. Stanton, Sec- 
retary for said De[>artment, with intent to vio- 
late and disregard tiie act entitled "An act 
regulating tiie tenure of certain civil offices," 

Jassed March 2, 1867, whereby said Andrew 
ohnson, President of the United States, did 
tlien and there commit a high misdemeanor in 
office. 

Article VIII. — That said Andrew Johnson, 
Presidont of tise United States, unmindful of the 
higli duties of his office and of hisoatii of otlice, 
with luieut unlawfully to control the disburse- 



ments of the moneys appropriated for the mili- 
tary service and for the Department of War, on 
the 21st day of February, in the year of our 
Lord 1868, at Washington, in the District of 
Columbia, did unlawfully and contrary to the 
provisions of an act entitled "An act regulating 
the tenure of certain civil offices," passed ALarch 
2, 1867, and in violation of the Constitution of 
the United States, and without the advice and 
consent of the Senate of the United States, and 
while the Senate was then and there in session, 
there being no vacancy in the office of Secretary 
for the Department of War, and with intent to 
violate and disregard tlie act aforesaid, then and 
there issue and deliver to one Lorenzo Tliomaa 
a letter of authority in writing, in substance as 
follows, that is to say : 

ExEcnTivE Mansion, 
Washington, D. C, February 21, 1S68. 
Sir: The Hon. Edwin M. Stiinton liaviiin been this day 
removed from office as Secretary for the Department of War, 
you fire heiel)y antlioiized nnd empowered to :ict as Secre- 
tary of VVar ad interim, and will immediately enter upon 
the discharjie of the duties pertaining to that office. 

Mr. Stanton has been instructed to transfer to you all 
the records, honks, papers, and otiier public property uow 
iu his custody aud charge. Respectfully, yours, 

Andrew JoHNSorr. 
To Brevet Major Gen. Lorenzo Thomas. 

Adjutant General U. S. Army, Washington, D. C 

Whereby said Andrew Johnson, President of 
the United States, did then and there commit 
and was guilty of a high misdemeanor in office. 
Article IX. — That said Andrew Johnson, 
President of the United States, on tiie 22d day of 
February, in the year of our Lord 1868, at Wash- 
ington, in tlieDistrictof Columbia, in disregard of 
the Constitution and the laws of the United States 
duly enacted, as commander-in-chief of the army 
of the United States, did bring before himself 
then and there William H. Emorj^ a major 
general by brevet in tiie army of the Uni(:ed 
States, actually in command of the department 
of Washington and the military forces thereof, 
and did then and there, as such commander-in- 
chief, declare to and instruct said Emory that 
part of a law of the United States, passed March 
2. 1867, entitled " An act making appropria- 
tions for the support of the army for the j'ear 
ending June 30, 1868, and for other pur- 
poses," especially the second section thereof, 
which provided, among other things, that, 
"all orders and instructions relating to mili- 
tary operations issued by the President or 
Secretary of War shall be issued through the 
General of the army, and in case of his inability 
through the next in rank" was unconstitutional, 
and in contravention of the commission of said 
Emory, and which said provision of law had 
been theretofore duly and legally promulgated 
by General Order for tlie government and direc- 
tion of the army of the United States, as the said 
Andrew Johnson then and there well knew, 
with intent tiiereby to induce said Emory in his 
official capacity as commander of the depart- 
ment of Washington, to violate the provisions of 
said act, and to take and receive, act upon, and 
obe}' such orders as he, the said Andrew John- 
son, miglit make and give, and which should not 
be issued through tlie General of the army of the 
United States, according to the provisions of said 
act, and witli the further intent thereby to enable 
him, the said Andrew Jolinson, to prevent tlie 



THE ARTICLES OF IMPEACHMENT, ETC. 



269 



fixecution of the act entitled "An act regulating 
the tenuie of certain civil offices," passed March 
2, 1867, and to unlawfully prevent Edwin M. 
Stanton, then being Secretary for the Depart- 
ment of War, from holding said office and dis- 
charging the duties thereof, whereby said An- 
drew Johnson, President of the United States, 
did then and there commit and was guilty of a 
high misdemeanor in office. 

And the House of Representatives, by pro- 
testation, saving to themselves the liberty of 
exhibiting at any time hereafter any further arti- 
cles or other accusation, or impeachment against 
the said Andrew Johnson, Presidentof the United 
States, and also of replying to his answers which 
he shall make unto the articles herein preferred 
against him, and of offering proof to the same, 
and every part thereof, and to all and every 
other article, accusation, or impeachment which 
shall be exhibited by them, as the case shall re- 
quire, do DEMAND that the said Andrew Johnson 
may be put to answer the high crimes and mis- 
demeanors in office herein charged against him, 
and that such proceedings, examinations, trials, 
and judgments may be thereupon had and given 
as may be agreeable to law and justice 

SCHUYLER COLFAX, 
Speaker of the House of Representatives. 
Attest : 

Edward McPheeson, 

Clerk of the House of Representatives. 

Ik the Housk of Representatives U. S. 
March 3, 1868. 

The following additional articles of impeach- 
ment were agreed to, viz: 

Article X. — That said Andrew Johnson, 
President of the United States, unmindful of 
the high duties of his office and the dignity and 
proprieties thereof, and of the harmony and 
courtesies which ought to exist and be main- 
tained between the executive and legislative 
branches of the government of the United States, 
designing and intending to set aside the rightful 
authority and powers of Congress, did atten:pt 
to bring into disgrace, ridicule, hatred, con- 
tempt and reproach the Congress of the United 
States, and the several branches thereof, to im- 
pair and destroy the regard and respect of all 
the good people of the United States for the 
Congress and legislative power thereof, (which 
all officers of the Government ought inviolably 
to preserve and maintain,) and to excite the 
odium and resentment of all the good people of 
the United States against Congress and the laws 
by it duly and constitutionally enacted; and in 
pursuance of his said design and intent, openly 
and publicly, and before divers assemblages of 
the citizens of the United States convened in 
divers parts thereof to meet and receive said 
Andrew Johnson as the Chief Magistrate of the 
United States, did, on the 18th day of August, 
in the year of our Lord 1866, and on divers 
other days and times, as well before as after- 
ward, make and deliver with a loud voice cer- 
tain intemperate, inflammator)', and scandalous 
harangues, and did therein utter loud threats 
and bitter menaces as well against Congress as 
the laws of the United States duly enacted 
thereby, amid the cries, jeers and laughter of 



the multitudes then assembled and in hearing, 
which are set forth in the several specihcationd 
hereinafter written, in substance and effect, that 
is to say : 

Specification First. — In this, that at Wash- 
ington, in the District of Columbia, in the Ex- 
ecutive Mansion, to a committee of citizens who 
called upon the President of the United States, 
speaking of and concerning the Congress of the 
United States, said Andrew Johnson, President 
of the United States, heretofore, to wit, on the 
18th day of August, in tiie year of our Lord 
1866, did, in a loud voice, declare in substance 
and effect, among other things, that is to say : 

"So fur as the executive departinent of the goveriiment 
is concerned, the effort has l)een made to restore the Uniion, 
to heal the hreach, to pour oil into the wounds wliicli were 
consequent upon tlie strufrgh', and (to speak in common 
phrase) to prepare as the learned and wise physician would, 
a plaster healing in character and coextensive with the 
wound We tliouglit, and we think, that we had partially 
succeeded; but as tlie work |)rugres3es, as reconstruction 
seemed to he taking place, and the country was ticconiing 
reunited, we found a disturbing and marring element ojipos- 
ing us. In alluding to tliat element, I shall go no further 
than your convention and tlie distinguished gentleman who 
has delivered to me the report of iis proceedings. I shall 
make no reference to it tliat I do not believe the time and 
the occasion justify. 

" We have witnessed in one department of the Goverrj- 
ment every endeavor to prevent the restoration of peace, 
harmony, and Union. We have seen hanging upon the 
verge of the Government, as it were, a body called, or which 
assumes to be, tlie Congress of the United States, while iu 
fact it is a Congress of only a part of the States. We have 
seen this Congress pretend to he for the Union, when it8 
every step and act tended to perpetuate disunion and make 
a disruption of the States inevitable. * * * W'e have 
seen Congress gradually encroach step by step upon consti- 
tutional rights, and violate, day after day and month aftel 
month, fundamental piinciples of the government. W» 
have seen a Congress that seemed to forget that there wa? 
a limit to the sphere and sci^pe of legislation. We have 
seen a Congress in a minority assume to exercise power 
which, allowed to be consummated, would result in despot 
ism or monarchy itself." 

Specification Second. — In this, that at Cleve- 
land, in the State of Ohio, heretofore, to wit, on 
the 3d day of September, in the year of our Lor4 
1866, before a public assemblage of citizens and 
others, said Andrew Johnson, President of the 
United States, speaking of and concerning the 
Congress of the United States, did, in a loud voice, 
declare. in substance and effect, among other 
things, that is to say: 

"I will tell you what I did do. I called upon your C(jn- 
gress, that is trying to break up the government. * * * 

"In conclusion, lieside that. Congress had taken mncli 
pains to poison their constituents against him. liut what 
had Congress done? Haie they done anything to restore 
the union of these .■'tates? No; on the contrary, they had 
done everything to prevent it: and because he stood now 
where he did when the rebellion commenced, he had been 
denounced as a traitor. Who had run greater risks or made 
greater sacrifices than himself? But Congress, factionsand 
domineering, had undertaken to poison the minds of the 
American people." 

Specification Third. — In this, that at St 
Louis, in the State of Missouri, heretofore, to 
wit, on the 8th day of S.'ptember, in the year of 
of our Lord 1866, before a public assemblage of 
citizens and others, said Andrew Johnson, Pres- 
ident of the United States, speaking of and 
concerning the Congress of the United States, 
did, in a loud voice, declare, in substance and 
effect, among other things, that is to say : 

"Go on. Perhaps If you had a word cr two on the sub- 
ject of New Orleans you might undenttand more about 
it than .vou do. And if you will go back— if yon will go 
back and asi'ertain the cause of the riot at New Orleans per- 
haps you will not be so promptin callingout 'New Orleans.* 
If you will take up the riot at New Orleans, and trace it back 



270 



POLITICAL MANUAL. 



to its source or its immediate cause, yon will find out who 
was respousiblo for the lilood tliiit was slieil tliere. 11 y«u 
will tako up the liot at New OiU-aiisaiKl trace it back tu the 
radical Congress, jou will find that the ricit at New Orleans 
Was snli>lantiallj"|i''""'>^'l- If you will takf np the procecd- 
tlijjs in their caucuses j'oii will understand that they tIn-re 
knew that a convention was to he called which wis extinct 
by its power havinj; expired; that it was said that the in- 
tention was that n new (rovi-riinient was to he organi/rd, and 
•in the orpinizalion of that government the intention Wiis 
to enfranchise mie porti m of the population, called the 
coli>r«d population, who had just been emancipated, and ut 
the same time ilisfranchise white men. When yon design 
to talk about New Orleans, you ought to undec-jtalid What 
you are talking about. When you read the speeches that 
•vero made, and lake up the facts on the Friday and Satur- 
day before that convention sat, you will there find that 
speeches were made incendiary in their character, exciting 
tiiat portion of the population, the black population, to arm 
themselves and prepare for the shedding of blood. You will 
also fiml that that convention did as.semble in violation of 
law, and the intenlir)ii of that (on vent ion was to supersede the 
recwgaiiized anihorities in the Slategoverninentot Louisiana, 
which had been recognized by the Ooveiiiment of the United 
Stales; and every man engaged in that rebellioti in that 
cotivention, with the inteiilion of Huperseding and upturn- 
ing the civil government which had been recognized by the 
Government of the United States. I say tlmt he was a traitor 
to the Constitu:ion of the United Stales, and hence you find 
that another rebellion was commenced, having its ongin in 
Uie radical Congress. ***** 

" So much for the New Orleans riot. And there was the 
cause and the origin of the blood that was shed ; and every 
drop of Idood that was shed is upon their skirts, and they 
are res|ionsible for it. I could tesr this thing a liitle closer, 
but will notd<i it here to-tiiglit. Hut when you talk about the 
caus°s atid consequences tiiat resulted from [iroceedings of 
that kind, perhaps, as I have been introduced here, and you 
have provoked questions of this kind, though it does not pro- 
voke me, I will tell you a few wholesome things that have 
been done by this radical Congress in contiectiou with New 
Orleans ami the extension of the elective franchise. 

" I know that I have been traduced and abu-sed. I know 
it has coDii! in advance of me here as elsewhere — that I have 
attempted to e.xen^ise an arldtrary power in resisting laws 
that were intended to be forced upon theGovei nnient; that 
I had exercised that power; that I had abandoned the party 
that elecled me, and that I was a traitor, because I exercised 
the veto power in attempting, and did arrest for a time, u 
bill that was called a ' Freedman's Bureau' bill ; yet, that I 
was a traitor. And I have been traduced, I have been slan- 
dered, I have been maligned, I have been called .luda^Is- 
cariot, and all that. Now, my countrymen, here to-night, it 
is very easy to indulge in epithets; it is easy to call a man 
Judas and cry out ti aitor, but when he is called upon to 
give arguments and facts, he is very often found wanting 
Judas Iscariot — Judas. There was a Judas, and he was one 
of the twelve apostles. Oh 1 yes, the twelve apostles had a 
Christ. The twelve apostles had a Christ, and he never 
could have had a Judas unless he had had twelve apostles. 
If I have pl.iyed the Judas, who has been my Christ that I 
Jiave played the Judas with? Was it Thad. Stevens? Was 
it Wendell Phillips? Was it Charles Sumner? These are 
the men that stop and compare themselves with the Saviour; 
and everybody that diflers with them in opinion, and to try 
to stay and arrest their diabolical and nefarious policy, is to 
be deiioum ed as a Judas. * * * » 

'■Well, let me say to you, if you will stand by me in this 
action, if you will stiind by me in trying to give the people 
a fair chance — soldiers and citizens — to participate in these 
offices, God being willing, I will kick them out. I will kick 
them out just as fast as 1 can. 

"Let me say to you, in concluding, that what I have said 
I intended to say. 1 was not provoki^d into this, and I care 
not for their menaces, the taunts, and the jeers. I care not 
for threats. 1 do not intend to bo bullied by my enemies 
nor overawed by my friends. But, God willing, with your 
lielp, I will veto their measures whenever any of them come 
to me." 

Which said utterances, declarations, threats, 
a,ad harangues, highly censurable in any, are 
peculiarly indecent and unbecoming in the Chief 
Magistrate of the United States, by means 
whereof said Andrew Johnson has brought the 
high office of the President of the United States 
into contempt, ridicule, and disgrace, to the great 
Bcandai of all good citizens, whereby said An- 
drew Jolinson, President of tlie United States, 
did commii, and was then and there guiltv cf a 
bigb misdemeaaor in office. 



Article XI. — That said Andrew Johnson, 
President of the United States, unmindful of the 
high duties of his otSce, and of his oath of office, 
and in disregard of the Constitution and laws of 
the United States, did, heretofore, to wit, on the 
18th day of August, A. D. 1866, at the city of 
Washington, and tlie District of Columbia, by 
public speech, declare and affirm, in substance, 
tliat the Thirty-Ninth Congress of the United 
States was not a Congress of the United States 
authorized by the Constitution to exercise legis- 
lative power under the same, but, on tiie contrary, 
was a Congress of only part of the States, there- 
by denying, and intending to deny, that the 
legislation of said Congress was valid or obliga- 
tory upon him, the said Andrew Johnson, 
except in so far as he saw fit to approve the same, 
and also thereby denying, and intending to deny, 
the power of the said Thirty Ninth Congress to 
propose amendments to the Constitution of the 
United States ; and, in pursuance of said declara- 
tion, the sai<i Andrew Johnson, President of the 
United States, afterwards, to wit, on the 2lst day 
of February, A. D. 1868, at the city of Washing- 
ton, in the District of Columbia, did, unlawfully, 
and in disregard of tlie requirement of the Con- 
stitution, that he should take care that the laws 
be faithfully executed, attempt to prevent the 
execution of an act entitled " An act regulating 
the tenure of certiUn civil offices," passed j\Iarch 
2, 1867, by unlawfully devising and contriving, 
and attempting to devise and contrive means 
by which he should prevent Edwin M. Stanton 
from forthwith resurningthefunctionsoi theoffice 
of Secretary for the Department of War, notwith- 
standing the refusal of the Senate to concur in 
the suspension theretofore made by said Andrew 
Johnson of said Edwin M. Stanton from said 
office of Secretary for the Department of War ; 
and, also, by further unlawfully devising and 
contriving, and attempting to devise and con- 
trive, means, then and there, to prevent the 
execution of an act entitled ''An act making 
appropriations for the support of the army for 
the fiscal year ending June 30, 1868, and for 
other purposes," approved March 2, 1867 ; and, 
also, to [irevent the execution of an act entitled 
"An act to provide for the more efficient govern- 
ment of the rebel States," passed March 2, 1867, 
whereby the said Andrew Johnson, President of 
the United States, did then, to wit, on the 21st 
day of February, A. D. 1868, at the city of 
Washington, commit, and was guilty of, a high 
misdemeanor in office. 

SCHUYLER COLFAX, 
Speaker of the House of Jieprtaentativci. 
Attest : 

Edward McPherson, 

Clerk of the House of Representatives. 

Votes on the Articles in the House. 

1868, March 2— The first article was agreed 
to — yeas 127, nays 42, as follow : 

Yeas — Messrs. Allison, Ames, Anderson, Arnell, Delog R 
Ashley, .lames M. Ashley, Bniley, Baldwin, Banks, Beaman 
Beaiiv, Benton, BinL'ham, Blaiin-, Blair, Boutwell, Hrorawell 
Brooiiiall, Buckland, Butler, Cake, Churchill, Header W 
Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell. Covode 
Ciilloni, D.iwes, Dixon, Dodge, Donnelly, Driggs, Kggleston, 
i;iiot, Farnsworth, Ferriss, Ferry, Fields, Garfield, Gravely, 
Uriswold, Ilalsey. Harding. Iligby, liill. Hooper, Hopkins, 
CD. Hubbard, "llulburd, lluuter, Ingersoll, Jesckes, Judd, 



THE ARTICLi:S OF IMPEACHMENT. ETC. 



271 



Jiilinn. Kelley, Kclspy, Ketolmni, KiicliiMi, Kooiitz, I.iiflin, 
Seu.V. 1 iiwii'iicf, Williiim I,:i\vifiR'e, Lijicijii, l.o;iii, Lu^aii, 
L-iUjiliriilgp, Lvnch. MallDiv, .Marvin, Mavrmnl. Mci ■iirtliy, 
Mc Uii-jj;, M.MVII1-. Miller, M.iort-, Morrdl, Miilliiis, Mvcrs, 
Ncnvcmiih, Nuiiii. O'Niill, Ortli, I'iiiiie, IVrliaiu, Helers, I'iko, 
I'laiits, Pdlaiid. I'lilslev, I'miifiov, Price, U:iuiii, Kobciteuri, 
Saw.vci-, Sclieiick, Scolield, Shanks, Sinitli, Spaldiiift, Stark- 
we;iihor, TliaddiMis St.evei:s, Stokes, Taffo, Ta.vlor, Thomas, 
rriinble, TMiwl)iidf!;e. Twichell, tipsoii, Van Aeinam, Bnit 
Van Horn, IJobei t T, Van Horn, Van Wyck, Ward, Cadwal- 
aderO. Washlmni, EUihii K.Wasliburne, William B. Wash- 
burn, Wei ker, Thomas Williams, James F. Wi'son, John T. 
Wilson, Stephen F.Wilson, Windom, WooUbridge— 127. 

Nats — Messrs. Adams, Archer, Axtell. Barnura, Beck, 
Boyer, Brnnks, Burr, Cary, C/iankr, Ehlridr/e, Fox, Of.tz, 
Gldssbreniier, Golladay, Grover, Haiijht, Ihihimn, ITotclikiss, 
Humphrey, Jolmsmt, Jones, Kerr, Knott, Marni.Kdl, Mci or- 
micL; Morrjan. Mungen, Niblack, Nicholson, I'ruyn, Ranlall, 
Ross, Sitgreaves, Slewiirt, Stone, Taber, Trimble, Van Aulcen, 
Van Trump, Wood, Woodward— 42. 

Not Voting —Messrs. Baker, Barnes, Benjamin, Eckley, 
Ell, Finnoy, Hawkins, Asahel W. Hniibard, Richard D. IJiib- 
bard, McCullitigh, Moorhead, Morrissey, Phelps, Pile. Rob- 
inson, Selye, Sliellabar^rer, Aaron F. Stevens, Henry U. Wash- 
burn, William Williams — 20. 

Tlie second article was agreed to — yeas 124, 
nays 41, not voting 24. 

The third article was agreed to — yeas 124, 
nayi* 41, not voting 24. 

Tlie fourth article was agreed to — yeas 117, 
nays 40, not voting 32. 

The fifth article was agreed to — yeas 127, 
nays 42, not voting 20. 

The sixth article was agreed to — yeas 127, 
nays 42, not voting 20. 

The seventh article was agreed to — yeas 127, 
nays 42, not voting 20. 

The eighth article was agreed to — yeas 127, 
nays 42, not voting 20. 

The ninth article was agreed to — yeas 108, 
nays 41, not voting 40. 

The tenth article was agreed to — yeas 88, nays 
44, not voting 57. 

The eleventh article was agreed to — yeas 109, 
nays 32, not voting 48. 

Messrs. John A. Bingham, George S. Boutwell, 
James F. Wilson, Benjamin F. Butler, Thomas 
Williams, John A. Logan, and Thaddeus Stevens 
were elected managers to cnduct the impeach- 
ment. 

March 4 — The articles were read to the Senate 
by the Managers. 

March 5 — Chief Justice Chase took the chair. 
Associate Justice Nelson having administered 
the following oath : 

"I do solemnly swear that in all things appertaining to 
the trial of Ihe inipeachnient of Andrew Johnson, Pi esident 
of the United States, 1 will do impartial justii;o accoifliiig to 
tlie Constitutioti and laws: So help me God." 

March 5 and 6 — The Chief Justice adminis- 
tered the same oath to the various Senators. On 
the 6th, an order was adopted, directing a sum- 
mons on Andrew Johnson to file answer to the 
articles, returnable on tlie 13th instant. 

March 13 — The President's counsel entered 
this appearance: 

In the matter of the impeachment of Andrew 
Johnson, President of the United States. 

Mr. Chief Justice: I, Andrew Johnson, Presi- 
dent of the United States, having been served 
with a summon to appear before this honorable 
court, sitting as a court of impeachment, to 
answer certain articles of impeachment i'oand 
and presented against me by the honorable the 
House of Representatives of the United States, 
do hereby enter my appearance by my counsel, 
Heury tjtanbery, Benjamm K. Curtis, Jeremiah 



S. Black.* William M. Evarts, and Thomas A. K. 
Nelson, who liave my warrant and authority 
tlierefor, and who are iii'itructeil by me to ask ol 
thi.s honorable court for a reasonable time foi 
the preparation of my answer to said articles. 

After a careful examination of the articles of 
impeachment, and consultation with my connsel, 
I am satisfied that at least forty days will be 
necessary for the preparation of my answer, and 
I respectfully ask that it be allowed. 

Andrew JonssoN. 

The counsel also read a " professional state- 
ment" in support of the request. The Senate 
retired for consultation, and, after some time, 
adopted, without a division, an order that the 
respondent file answer on or before the 23d inst. 
An order was also adopted — yeas 40, nays 10 — 
that unless otherwise ordered by the Senate for 
cause shown, the trial shall proceed immediately 
after replication shall be filed. 

AN "ILLEGAL AND UNCONSTITUTIONAL COURT." 

March 23 — Mr. Davis, a member of the Senate 
and of the Court of Impeachment, from the State 
of Kentucky, moved the court to make this 
order : 

The Constitution having vested the Senate 
with the sole power to try the articles of impeach- 
ment of the President of the United States pre- 
ferred by the House of Representatives, and 
having also declared that " the Senate of the 
United States shall be composed of two Senatora 
from each State, chosen by the legislatures there- 
of," and the States of Virginia, North Carolina, 
South Carolina, Georgia, Alabama, Mississi[)pi, 
Arkansas, Louisiana, and Texas haviusj, each 
by its legislature, chosen two S-nators, who iiavo 
been and continue to be excluded by the Senate 
from their seats respectively, without any judg- 
ment by the Senate against them personally and 
individually on the points of their elections, re- 
turns, and qualifications, it is 

Ordered, That a Court of Impeachment for the 
trial of the President cannot be legally and con- 
stitutionally formed while the Senators from the 
States aforesaid are thus excluded from the 
Senate ; and this case is continued until the 
Senators from these States are permitted to take 
their seats in the Senate, subject to all constitu- 
tional exceptions to their elections, returns, and 
qualifications severally. 

Which was rejected — yeas 2, nays 49, as fol- 
low : 

Yeas — Messrs. Davis, McCrej'ry — 2. 

Nats — Messrs. Anthony, Buclcalew, Campron, Cattell, 
Chandler, Cole, Conkling, Conness, < orbett, Cra>;in, Dixon, 
DooUttle. Drake, Edmunds, Ferry, Fessenden, Fowler, Fro- 
linghiiysen, Grimes, liarlan, Henderson, Hendricks. How- 
ard, Howe, ,7b/inso«, Morgan, Morrill of Maine. Jlonill of 
Vermont, Morton, Norton, Nyo, Patterson •■( New Hamp- 
shire, Patterson of Tennessee, I'omeroy, llanisey, Koss, 
Sherman, Sjiragne, Stewart. Sumner, Thayer, Tiptou, 
Triimbnll.Van Winkle, Ftc/rers, Willey, Williams, Wilson, 
Yates— 49 

i<(yt VoTlNa — Messrs. Bayard, SauUbury,y\'aAi.^ — 3. 

Answer of President Johnson. 

Mr. Curtis then proceeded to read the answer 
to the close of that portion relative to tl;e first 
article of impeachment. 



* Mr. Plark did not appear in tli« trial. Mareli 23, UoD. 
William S. Groesbeck of Ohio ai)peareJ in his stvad. 



272 



POLITICAL MANUAL. 



Mr. Stanbery read that portion of the answer 
beginning wiih the reply to the second article 
to the close of the response to the ninth article. 

Mr. Evarts read the residue of the answer. 

Senate of the United States, sitting as a Court of 

ImpeacJiment for the trial of Andrew Johnson, 

President of the United Stales. 

The answer of the said Andrew Johnson, 

President of the United States, to the articles 

of impeacliraent exhibited against liirn by the 

House of Representatives of the United States. 

ANSWER TO ARTICLE I. 

For answer to the first article be says: That 
Edwin M. Stanton was appointed Secretary for 
the Department of War on the 15th day of Jan- 
uary, A. D. 1S62, by Abraham Lincoln, then 
President of the United States, during the first 
term of his presidency, and was commissioned, 
according to the Constitution and laws of the 
United States, to bold the said ofSje during the 
pleasure of the President ; that the office of Sec- 
retary for the Department of War was created 
by an act of the first Congress in its first session, 
passed on the 7th day of August, A. D. 1789, and 
:n and by that act it was provided and enacted, 
that the said Secretary for the Department of 
War shall perform and execute such duties as 
shall from time to time be enjoined on and in- 
trusted to him by the President of the United 
States, agreeably to the Constitution, relative to 
the subjects within the scope of said department; 
and, furthermore, that the said Secretary shall 
conduct the business of the said Department in 
such a manner as the President of the United 
States shall from time to time order and in- 
struct. 

And this respondent, further answering, says 
that by force of the act aforesaid and by reason 
of bis appointment aforesaid the said Stanton 
became tlie principal officer in one of the execu- 
tive departments of the Government within the 
true intent and meaning of the second section of 
the second article of the Constitution of the 
United States, and according to the true intent 
and meaning of that provision of the Constitu- 
tion of the United States ; and, in accordance 
with the settled and uniform practice of each 
and every President of the United States, the 
said Stanton then became, and so long as he 
shoulil continue to hold the said office of Secre- 
tary for the Department of War must continue 
to be, one of the advisers of the President of the 
United States, as well as the person intrusted to 
act for and represent the President in matters 
enjoined uyion him or intrusted to him by the 
President touching the dejiartment aforesaid, and 
for whose conduct in such capacity, subordinate 
to the President, the President is by the Consti- 
tution and laws of the United States, made re- 
sponsible. 

And this respondent, further answering, says 
he succeeded to the office of President of tiie 
United States upon, and by reason of, tiie death 
of Abraham Lincoln, then President of the 
United States, on the 15th day of April, 1865, 
and the said Stanton was then holding the said 
office of Secretary (or the Department of War 
under and by reason of the appointment and 
commission aforesaid ; and not naving been re- 



moved from the said ofBce by this respondent, 
the said Stanton continued to hold the same 
under the appointment and commission afore- 
said, at the pleasure of the President, until the 
time hereinafter particularly mentioned; and at 
no time received any appointment or commission 
save as above detailed. 

And this respondent, further answering, saya 
that on and prior to the 5th day of August, 
A. D. 1867, this respondent, the President of the 
United States, responsible for the conduct of the 
Secretary for the Department of War, and having 
the constitutional right to resort to and rely 
upon the person holding that office for advice 
concerning the great and difficult public duties 
enjoined on the President by the Constitution 
and laws of the United States, became satisfied 
that he could not allow the said Stanton to con- 
tinue to hold the office of Secretary for the De- 
partment of War without hazard of the public 
interest; that the relations between the said 
Stanton and the President no longer permitted 
the President to resort to him for advice, or to 
be, in the judgment of the President, safely re- 
sponsible for his conduct of the affairs of the 
Department of War, as by law required, in ac- 
cordance with the orders and instructions of the 
President; and thereupon, by force of the Con- 
stitution and laws of the United States, which 
devolve on the President the power and the duty 
to control the conduct of the business of that 
executive department of the government, and 
by reason of the constitutional duty of the Presi- 
dent to take care that the laws be faithfully ex- 
ecuted, this respondent did necessarily consider 
and did determine that the said Stanton ought 
no longer to hold the said office of Secretary for 
the Department of War. And this respondent, 
by virtue of the power and authority vested in 
him as President of the United States, by the 
Constitution and laws of the United States, to 
give effect to such his decision and determina- 
tion, did, on the 5th day of August, A. D. 1867, 
address to the said Stanton a note, of which the 
following is a true copy: 

Sir: Pii1)lic considerations of a liigh character constraia 
me to say that your resignation as Secretary of War will b» 
accepted. 

To which note the said Stanton made the fol- 
lowing re})Iy : 

War Dep.\rtment, Washington, Aufjust 5, 1867. 
Sir: Your note of this iliiy lias been received, stating 
tli:it '■ pntilic consider.itions of a liigli character constrain 
yiiu " to say " tliat my resignation as Secretary of War will 
lie accepted." 

In reply, I have the honor to say that public considera- 
tions of a high character, which alone have induced me to 
continue at the head of this Department, constrain nib not 
to resign the office of Secretary of War before the next 
meeting of Congress. 

Very respectfully, yours, 

Edwin M. St.^ntox. 

This respondent, as President of the United 
States, was thereon of opinion tiiat, having 
regard to the necessary ofBcial relations and 
duties of the Secretary for the Department of 
War to the President of the United States, ac- 
cording to the Constitution and laws of the 
United States, and having regard to the respon- 
sibility of the President for the conduct of the 
said Secretary, and having regard to the jierma- 
nent executive authority of the office whicli the 
respondent holds under the Constitution aad 



THE ARTICLES OF IMPEACHMENT, ETC. 



273 



laws of the United Stales, it was impossible, 
coHsistently with the public intere;?ts, to allow 
the said Stanton to continue to hold the said 
office of Secretary for the Department of War ; 
and it then became the official duty of the re- 
epondent, as President of the United States, 
to consider and decide what act or acts should 
and might lawfully be done by him, as Presi- 
dent of the United States, to cause the said 
Stanton to surrender the said office. 

This respondent was informed and verily be- 
lieved that it was practically settled by the first 
Congress of the United States, and had been so 
considered, dtd, uniformly and in great numbers 
of instances, a^ted on by each Congress and 
President of the United States, in succession, 
from President Washington to, and including. 
President Lincoln, and from the First Congress 
to the Thirty-Ninth Congress, that the Constitu- 
tion of the United States conferred on the Pres- 
ident, as part of tlie executive power and as one 
of the necessary means and instruments of per- 
forming the executive duty expressl}' imposed 
on him by the Constitution of taking care that 
the laws be faithfully executed, the power at any 
and all times of removing from office all execu- 
tive officers for cause to be judged of by the 
President alone. This respondent had, in pur- 
suance of the Constitution, required the opinion 
of each principal officer of the executive depart- 
ments ufion this question of constitutional 
executive power and duty, and had been advised 
by each of !hem, including the said Stanton, 
Secretary for the Department of War, that 
tinder the Constitution of the United States this 
power was lodged by the Constitution in the 
President of the United States, and that, conse- 
quently, it could be lawfully exercised by him, 
and tiie Congress could not deprive him thereof; 
and this respondent, in his capacity of President 
of the United States, and because in that 
capacity he was both enabled and bound to use 
his best judgment upon this question, did, in 
good faith and with an earnest desire to arrive 
at the truth, come to the conclusion and opinion, 
and did make the same known to the honorable 
the Senate of the United States by a message 
dated on the 2d day of March, 1867, (a true 
:opy whereof is hereunto annexed and marked 
A.,) that the power last mentioned was conferred 
And the duty of exercising it, in fit cases, was 
imposed on the President by the Constitution of 
the United States, and that the rresident could 
not be deprived of this power or relieved of this 
duty, nor could the same be vested by law in 
the President and the Senate jointly, either in 
part or whole ; and this has ever since remained 
and was the opinion of this respondent at the 
time when he was forced as aforesaid to consider 
and decide what act or acts should and might 
lawfully be done by this respondent, as President 
of the United Stales, to cause the said Stanton 
to surrender the said office. 

This respondent was also then aware that by 
the first section of "An act regulating the tenure 
of certain civil offices," passed March 2, 1867, by 
a constitutional majority of both houses of Con- 
gress, it was enacted as follows: 

That every person hrldinji any civil office to which he 
has been appointed by and with the advice and consent of 
the Senate, and every person who shall hereafter be an- 
18 



pointed to any such oflBce. and shall become duly qualified 
to act therein, is and slialt be entitled to hold such ofllce 
until a successor shall have been in like manner appointed 
and duly qualified, except as herein otherwise provided : 
Provided, That the Secretaries of State, of the Treasury, of 
War, of the Navy, and of the Interior, the Postmaster Gen- 
eral and the Attorney General, shall hold their offices re- 
spectively for and during the term of the President by whom 
they may have been appointed, and one month thereafter, 
suhject to remoTal by and with the advice and consent of 
the Senate, 

This respondent was also aware that this act 
was understood and intended to be an expression 
of the opinion of the Congress by which that 
act was passed, that the power to remove execu- 
tive officers for cause might, by law, be taken 
from the President and vested in him and ihe 
Senate jointly ; and although this respondent 
had arrived at and still retained the opinion 
above expressed, and verily believed, as he still 
believes, that the said first section of the last- 
mentioned act was and is wholly inoperative 
and void by reason of its conflict with the Con- 
stitution of the United States, yet, inasmuch as 
the same had been enacted by the constitutional 
majority in each of the two houses of that Con- 
gress, this respondent considered it to be proper 
to examine and decide whether the particular 
case of the said Stanton, on which it was this 
respondent's duty to act, was witiiin or without 
the terms of that first section of the act ; or, if 
within it, whether the President had not the 
power, according to the terms of the act, to re- 
move the said Stanton from the office of Secre- 
tary for the Department of War, and having, in 
his capacity of President of the Unfted States, 
so examined and considered, did form the opinion 
that the case of the said Stanton and his tenure 
of office were not affected by the first section of 
the last-named act 

And this respomlent, further answering, saya, 
that although a case thus existed which, in his 
judgment as President of the United States, 
called for the exercise of the executive power to 
remove the said Stan Ion from the office of Secre- 
tary for the Department of War, and although 
this respondent was of opinion, as is above 
shown, that under the Constitution of the United 
States the power to remove the said Stanton from 
the said office was vested in the President of the 
United States ; and although this respondent 
was also of the opinion, as is above shown, that 
the case of the said Stanton was not affected by 
the first section of the last named act ; and al- 
though each of the said opinions had been 
formed by this respondent upon an actual case, 
requiring him, in his capacity of President of 
the United States, to come to some judgment and 
determination thereon, yet this respondent, as 
President of the United States, desired and de- 
termined to avoid, if possible, any question of 
the construction and effect of the said first section 
of the last-named act, and also the broader 
question of the executive power conferred on 
the President of the United States, by the Con 
stitution of the United States, to remove one of 
the principal officers of one of the executive 
departments for cause seeming to him sufficient; 
and this respondent also desired and determined 
that, if from causes over which he could exert 
no control, it should become absolutely necessary 
to raise and have, in some way, determined 
either or both of the said last-named questions, 



274 



POLITICAL MANUAL. 



it was in accordau ;e with the Constitution of the 
United States and was required of the President 
thereby, that questions of so inucli gravity ami 
importance, upon wliich the legislative and ex- 
ecutive departments of the Government had dis- 
agreed, wliich involved powers considered by all 
branches of the Government, daring its entire 
history down to the year 18G7, to have been 
confided by the Constitution of the United 
States to the President, and to be necessary for 
the complete and proper execution of his consti- 
tutional duties, should be in some proper way 
submitted to that judicial department of the 
government intrusted by the Constitution with 
the power, and subjected by it lo the duty, not 
only of determining finally the construction of 
and effect of all acts of Congress, but of com- 
paring them with the Constitution of the United 
States and pronouncing tliem inoperative when 
found in eonflict with that fundamental law 
■which the people have enacted for the govern- 
ment of all their servants. And to these ends, 
first, that through the action of the Senate of 
the United States, the absolute duty of the Pres- 
ident to substitute some fit person in place of Mr. 
Stanton as one of his advisers, and as a principal 
subordinate officer whose official conduct he was 
responsible for and had lawful right to control, 
might, if possible, be accomplished without the 
necessity of raising any one of the questions 
aforesaid ; and, second, if this duty could not be 
so performed, then that these questions, or such 
of them as might necessarily arise, should be 
judicially determined in manner aforesaid, and 
for no other end or purpose this respondent, as 
President of the United States, on the 12th day 
of August, 1867, seven days after the reception 
of the letter of the said Stanton of the 5th of 
August, hereinbefore stated, did issue to the said 
ftantOQ the order following, namely: 

ExECOTivE Mansion, 
Washington, August 12, 1867. 

Sir: By virtue of tlie power and aiithoiity vested in me 
as President by tlie Cunstituiioii and laws of the United 
States, you are liereby guspoiided from office as Secretary of 
War, uud will cease to exercise any and all functions per- 
tainiii<; to the same. 

You will at once transfer to General Ulysses S. Grant, 
who lias this day been authorized and empowered to act as 
Secretary of War ad interim, all records, books, papers, and 
pther pulilic ))roperty now in your custody and charge. 

The Hun. Edwin M. Stanto.v, Secretary of War. 

To which said order the said Stanton made 

the following reply : ,„ ^ 

° ^ •' War Department, 

Washington City, August 12, 1S67. 

Sir: Your note of this date has been received, inform- 
jng nie tliat, by virtue of the powers vested in you as Presi- 
dent by the Constitution and laws of the United Stales, I 
r.m suspended from ollico as Secretarj of War, and will 
cease to exercise any and all functions pertaining to the 
same, and alsu directing me at once to transfer to General 
Ul.vases S. Grant, who has this day been authorized and 
empowered to act as Secretary of War ad interim, all 
records, buoks, papers, and other public property now in 
my custody and charge. Under a sense of public duty I 
am compelled to deny your right, under the Constitution 
and laws of the United States, without the advice and con- 
gent uf the Senate, and witlmut legal cau.se, to suspend me 
from oflice as Secretary of War, or the exercise of anj or 
all functions pertaining to the same, or without such ad- 
vice and consent, to compel mo to transfer to any person 
the recordH, liooks, papers, and public property in my cus- 
tody as Secretary. Jiut inasmuch as the Gotieral command- 
ing the armies of the United States has been appointed ad 
interim, and has notified ine that he has accepted the ap- 
pointment, I have no alternative but to submit, under pro- 
test, to superior force. 

lo iJie Pll£8U)EMT. 



And this respondent, further answering, says, 
that it is provided in and by the second section 
of "An act to regulate the tenure of certain 
civil otfices," that the President may suspend 
an officer from the performance of the duties of 
the office held by him, for certain causes therein 
(jesignated, until the next meeting of the Sen- 
ate, and until the case shall be acted on by the 
Senate; that this respondent, as President of 
the United States, was advised, and he verily 
believed and still believes, that the executive 
power of removal from office confided to him by 
the Constitution as aforesaid includes tho powei 
of suspension from office at the pleasure of the 
President, and this respondent, by the order 
aforesaid, did suspend the said Stanton from 
office, not until the next meeting of the Senate, 
or until the Senate should have acted upon tho 
case, but by force of the power and authority 
vested in him by the Constitution and laws of 
the United States, indefinitely and at the plea- 
sure of the President, and the order, in form 
aforesaid, was made known to the Senate of the 
United States on the 12th day of December, A. D. 
1867, as will be more fully hereinafter stated. 

And this respondent, further answering, says, 
that in and by the act of Februar}' 13, 1795, it 
was, among other things, provided and enacted 
that, in case of vacancy in the office of Secre- 
tary for the Department of War, it shall be law- 
ful for the President, in case he shall think it 
necessary, to authorize any person to perform 
the duties of that office until a successor be ap- 
pointed or such vacancy filled, but not exceeding 
the term of six months; and this respondent, 
being advised and believing that such law was 
in full force and not repealed, by an order dated 
August 12, 1867, did authorize a^d empower 
Ulysses S. Grant, General of the armies of the 
United States, to act as Secretary for the Depart- 
ment of War ad interim, in the form in which 
similar authority had theretofore been given, 
not until the next meeting of the Senate and 
until the Senate should act on the case, but at 
the pleasure of the President, subject only to 
the limitation of six months in the said last- 
mentioned act contained; and a copy of the 
last-named order was made known to the Senate 
of the United States on the 12th day of Decem- 
ber, A. D. 1867, as will be hereinafter more fully 
stated ; and in pursuance of the design and in- 
tention aforesaid, if it should become necessary 
to submit the said questions to a judicial de- 
termination, this respondent, at or near the date 
of the last-mentioned order, did make known 
such his purpose to obtain a judicial decision oi 
the said questions, or such of them as might ba 
necessary. 

And this respondent, further answering, says, 
that in further pursuance of his intention and 
design, if possible, to perform what he judged 
to be his imperative duty, to prevent the said 
Stanton from longer holding the office of Secre- 
tary for the Department of War, and at the 
same time avoiding, if possible, any question 
respecting the extent of the power of removal 
from executive office confided to the President 
by the Constitution of the United States, and 
any question respecting the construction and 
effect of the first section of the said " act regu- 



THE ARTICLES OF IMPEACHMENT, ETC. 



2'ir> 



lating the tenure ot certain civil offices," while 
he ahould not, by any act of liis, abandon and 
relinquisli, either a power wliich he believed 
the Constitution had conferred on the President 
of the United States, to enable him to perform 
the duties of his office, or a power designedly 
left to him by the first section of the act of 
Congress last aforesaid, this respondent did, on 
the 12th day of December, 1867, transmit to the 
Senate of the United States a message, a copy 
whereof is hereunto annexed and marked B, 
wherein he made known the orders aforesaid 
and the reasons whinh had induced the same, so 
far as this respondent then considered it mate- 
rial and necessary that the same should be set 
forth, and reiterated his views concerning the 
constitutional power of removal vested in the 
President, and also expressed his views concern- 
ing the construction of the said first section of 
the last-mentioned act, as respected the power 
of the President to remove the said Stanton 
from the said office of Secretary for the Depart- 
ment of War, well hoping that this respondent 
could thus perform what he then believed, and 
still believes, to be his imperative duty in refer- 
ence to the Baid Stanton, without derogating 
from the powers which this respondent believed 
were confided to the President by the Consti- 
tution and laws, and without the necessity of 
raising judicially any questions respecting the 
same. 

And this respondent, further answering, says, 
that this hope not having been realized, the 
President was compelled either to allow the said 
Stanton to resume the said office and remain 
therein, contrary to the settled convictions of 
the President, formed as aforesaid, respecting 
the powers confided to him and the duties re- 
quired of him by the Constitution of the United 
States, and contrary to the opinion formed as 
aforesaid, that the first section of the la,st-men- 
tioned act did not afifect the case of the said 
Stanton, and contrary to the fixed belief of the 
President that he could no longer advise with 
or trust or be responsible for the said Stanton, 
in the said office of Secretary for the Depart- 
ment of War, or else he was compelled to take 
euch steps as might, in the judgment of the 
President, be lawful and necessary to raise, for 
a judicial decision, the questions affecting the 
lawful right of tlie said Stanton to resume the 
Baid office, or the power of the said Stanton to 
persist in refusing to quit the said office, if he 
should persist in actually refusing to quit the 
same ; and to this end, and to this end only, this 
respondent did, on the 21st day of February, 
1868, issue the order for the removal of the said 
Stanton, in the said first article mentioned and 
eet forth, and the order authorizing the said 
Lorenzo Thomas to act as Secretary of War ad 
interim, in the said second article set forth. 

And this respondent, proceeding to answer 
spornfically each substantial allegotion in the 
eaid first article, says: He denies that the said 
Stanton, on the 21st day of February, 1868, was 
lawfully in possession of the said office of Secre- 
tary for the Department of War. He denies 
that the said Stanton, on the day last mentioned, 
was lawfully entitled to hold the said office 
against the will of the President of the TTnited 



States. He denies that the said order for the 
removal of the said Stanton was unlawfully 
issued. He denies that the said order was i.';sue(l 
with intent to violate the act entitled "An act 
to regulate the tenure of certain civil offices." 
He denies that the said order was a violation of 
the last-mentioned act. He denies that the said 
order was a violation of the Constitution of the 
United States, or of any law thereof, or of his 
oath of office. He denies that the said order was 
issued with an intent to violate the Constitution 
of *he United States, or any law thereof, or thi 
respondent's oath of office; and he tespectfully. 
but earnestly, insists that not only was it issuej 
by him in the performance of what he believed 
to be an imperative official duty, but in the per- 
formance of what this honorable court will con- 
sider was, in point of fact, an imperative official 
duty. And he denies that any and all substan- 
tive matters in the first article contained, in 
manner and form as the same are therein stated 
and set forth, do by law constitute a high mis- 
d«meanor in office, within the true intent and 
meaning of the Constitution of the United States. 

ANSWER TO ARTICLE II. 

And for answer to the second article, this res- 
pondent says, that he admits he did issue and 
deliver to said Lorenzo Thomas the said writing 
Bet forth in said second article, bearing date at 
Washington, District of Columbia, February 21, 
1868, addressed to Brevet Major General Lorenzo 
Thomas, Adjutant General United States army, 
Washington, District of Columbia, and he further 
admits that the same was so issued without the 
advice and consent of the Senate of the United 
States, then in session ; but he denies that he 
thereby violated the Constitution of the United 
States, or any law thereof, or that he did thereb}- 
intend to violate the Constitution of the United 
States or the provisions of any act of Congress ; 
and this respondent refers to his answer to said 
first article for a full statement of the purposes 
and intentions with which said order was issued. 
and adopts the same as part of his answer to this 
article ; and he further denies that there was 
then and there no vacancy in the said office of 
Secretary for the Department of War, or that he 
did then and there commit or was guilty of a 
high misdemeanor in office; and this respondent 
maintains and will insist: 

1. That at the date and delivery of said writ- 
ing there was a vacancy existing in the office of 
Secretary for the Department of War. 

2. That, notwithstanding the Senate of the 
United States was then in session, it was lawful 
and according to long and well-established 
usage to empower and authorize the said Thomas 
to act as Secretar}- of War ad interim. 

3. That if the said act regulating the tenure 
of civil offices be held to be a valid hiw, no pro 
vision of the same was violated by llie issuing 
of said order or b}"- the designation of said Tliomat 
to act as Secretary of War ad interim. 

ANSWER TO ARTICLE III. 

And for answer to said third article, this res- 
pondent says, that he abides by his answer to 
said first and second articles, in so far as the 
same are responsive to the allegations contained 
in the said third article and, without here again 



276 



POLITICAL MANUAL. 



repeating the same *nsw<ir, prays the same be 
taken as an answer lo this third article as fully 
as if here again set out at length ; and as to 
the new allegation contained in said third article, 
that tliis respondent did appoint the said Thomas 
to be Secretary for the Department of War ad 
ijiterim, this respondent denies that he gave any 
other autliority to said Thomas tlian such as 
appears in said written authority set out in said 
article, by which he authorized and empowered 
said Thomas to act as Secretary for the Depart- 
ment of War ad interim; and he denies that the 
same amounts to an appointment, and insists 
that it is only a designation of an officer of that 
Department to act temporarily as Secretary for 
the Department of War ad interim, until an 
appointment should be made. But, whether the 
said written authority amounts to an appoint- 
ment or to a temporary authority or designation, 
this respondent denies that in any sense he did 
thereby intend to violate the Constitution of the 
United States, or that he thereby intended to 
give the said order the character or effect of an 
appointment in the constitutional or legal sense 
of that term. He further denies that there was 
no vacancy in said office of Secretary for the De- 
partment of War existing at the date of said 
written autliority. 

ANSWER TO ARTICLE IV. 

And for answer to said fourth article, this res- 
pondent denies that on the said 21st day of Feb- 
ruary, 1868, at Washington aforesaid, or at any 
other time or place, he did unlawfully conspire 
with the said Lorenzo Thomas, or with the said 
Thomas and any other person or persons, with 
intent, by intimidations and threats, unlawfully 
to hinder and prevent the said Stanton from 
holding said office of Secretary for the Depart- 
ment of War, in violation of the Constitution 
of the United States, or of the provisions of the 
Baid act of Congress in said article mentioned, 
or that he did then and there commit or was 
guilty of a high crime in office. On the con- 
trary thereof, protesting that the said Stanton 
■was not then and there lawi'ully the Secretary 
for the Department of War, this respondent 
stales that liis sole purpose in authorizing the 
said Thomas to act as Secretary for tlie Depart- 
ment of War ad interim was, as is fully stated 
in his answer to the said first article, to bring 
the question of the right of the said Stanton lo 
hold said office, notwitlistanding his said sus- 
pension, and notwithstanding the said order of 
removal, and notwithstanding the said authority 
of the said Tiiomas to act as Secretary of War 
ad interim, to the test of a final decision by the 
Supreme Court of tiie United States, in the 
earliest practicable mode by which the question 
could be brougiit before that tribunal. 

This respondent did not conspire or agree with 
the said Thomas, or any other person or persons, 
to use intimidation or threats to hinder or pre- 
vent the said Stanton from liolding the said office 
of Secretary for tlie Department of War, nor 
did this respondent at any time command or 
advise tiie said Thomas or any other person or 
persons to resort to or use either threats or in- 
timidations for that purpose. The only means 
;n the contemplation or purpose of respondent 
to be used are set fortli fully in the said orders 



of February 21, the first addressed to Mr. Stan- 
ton and the second to the said Thomas. 

By the first order, the respondent notified Mr. 
Stanton that he was removed from the said office, 
and that his functions as Secretary for the De- 
partment of War were to terminate upon the 
receipt of that order; and he also thereby noti- 
fied the said Stanton that the said Thomas tiad 
been authorized to act as Secretary for the I>e- 
partment of War ad interim, and ordered the said 
Stanton to transfer to him all the records, books, 
papers, and otlier public property in his custody 
and charge; and, by the second order, tins res- 
pondent notified the said Tliomas of the removal 
from office of the said Stanton, and authorized 
him to act as Secretary for the Department oJ 
War ad interim, and directed him to immediately 
enter upon the discharge of the duties pertain- 
ing to that office, and to receive the transfer of 
all the records, books, papers, and other public 
property from Mr. Stanton then in his custody 
and charge. 

Respondent gave no instructions to the said 
Thomas to use intimidation or threats to enforce 
obedience to these orders. He gave him no 
authority to call in the aid of the military or 
any other force to enable him to obtain pos- 
session of the office, or of the books, papers, 
records, or property thereof. The only agency 
resorted to or intended to be resorted to was by 
means of the said executive orders requiring 
obedience. But the Secretary of the Depart- 
ment of War refused to obey these orders, and 
still holds undisturbed possession and custody 
of that Department, and of the records, books, 
papers, and other public property therein. Ee- 
spondent further states that, in execution of the 
orders so by this respondent given to the said 
Thomas, he, the said Thomas, proceeded in a 
peaceful manner to demand of the said Stanton 
a surrender to him of tlie public property in the 
said Department, and to vacate the possession of 
the same, and to allow him, the said Thomas, 
peaceably to exercise the duties devolved upon 
him by authority of the President. That, as 
this respondent has been informed and believes, 
the said Stanton peremptorily refused obedience 
to the orders so issued. Upon such refusal, no 
force or tlireat of force was used by the said 
Thomas, by autliority of the President or other- 
wise, to enforce obedience, either then or at any 
sulisequent time. 

This respondent dotli here except to the suffi- 
ciency of the allegations contained in said fourth 
article, and states for ground of exception, that 
it is not stated that there was any agreement 
between this respondent and the said Thomas, 
or any other person or persons, to use intimida- 
tion and threats, nor is there any allegation as 
to the nature of said intimidation and llireats, 
or that there was any agreement to carry tliem 
into execution, or that any step was taken or 
(i.greed to he taken to carry them into extcu 
tion, and that tiie allegation in said article that 
the intent of said consfiiracy was to use intim- 
idation and threats is wholly insufficient, inas- 
much as it is not alleged that the said intent 
formed the basis or become a part of any agree- 
ment between the said alleged conspirators, and, 
furthermore, that there is no allegation of any 



THE ARTICLES OP IMPEACHMENT, ETC. 



277 



conspiracy or agieemenl to use tDtimidatioa *i 
threats. 

ANSWER TO ARTICLE V. 

Aad for answer to the said fifth article, this 
respoadent denies that on the said 21st day of 
February, 1868, or at any other time or times in 
the same year before the said 2d day of March, 
1868, or at any prior or subsequent time, at 
Washington aloresaid, or at any other place, this 
respondent did unlawfully conspire with the 
eaid Thomas, or with any other person or per- 
sons, to prevent or hinder the execution of the 
eaid act entitled " An act regulating the tenure 
of certain civil offices," or that, in pursuance of 
Baid alleged conspiracy, he did unlawfully at- 
tempt to prevent the said Edwin M. Stanton 
from holding said office of Secretary for the De- 
partment of W^ir, or that he-did thereby commit, 
or that he was thereby guilty of, a higli misde- 
meanor in office. Res[iondent, protesting that 
said Stanton was not then and there Secretary 
for he Department of War, begs leave to refer 
to his answer given to the fourth article and to 
his answer given to the first article, as to his in- 
tent and purpose in issuing the orders for the 
removal of Mr, Stanton and the auiliority given 
to the said Thomas, and prays equal benefit 
therefrom as if the same were here again re- 
pealed and fully set forth. 

And this respondent excepts to the sufficiency 
of the said filth article, and states his ground 
for such exception, that it is not alleged by what 
means or by what agreement the said alleged 
conspiracy was formed or agreed to be carried 
out, or in what way the same was attempted to 
be earned out, or what were the acts done in 
pursuance thereof. 

ANSWER TO ARTICLE VI. 

And for answer to the said sixth article, this 
respondent denies that on the said 21st day of 
February 1868, at Washington aforesaid, or at 
any other time or place, he did unlawfully con- 
spire with the said Thomas by force to seize. 
take, or possess, the property of the United 
States in the Department of War, contrary to 
the provisions of the said acts referred to in the 
said article, or either of them, or with intent to 
violate either of them. Respondent, protesting 
that said Stanton was not then and there Secre- 
tary for the Department of War, not only denies 
the said conspiracy as charged, but also denies 
any unlawful intent in reference to the custody 
and charge of the property of the United States 
in the said Department of War, and again refers 
to his former answers for a full statement of his 
intent and purpose in the premises. 

ANSWER TO ARTICLE VII. 

And for answer to the said seventh article, 
respondent denies that on the said 21st day of 
February, 1868, at Washington aforesaid, or at 
an;y other time and place, he did unlawfully con- 
spire with the said Thomas with intent unlaw- 
fully to seize, take, or possess the property of the 
United States in the Department of War with 
intent to violate or disregard the said act in the 
Baid seventh article referred to, or that he did 
then and there commit a high misdemeanor in 
office. Kespondent, protesting that the said 
Stanton was not then and there Secretary for the 
B 



Uepariiiienr ui Wat Again refers to his formef 
answers, in so far as tney are applicable, to show 
the intent with which he proceeded in the prem- 
ises, and prays equal benefit therefrom as if tho 
same were here again fully repeated. Respond- 
ent further takes exception to the sufficiency of 
the allegations of this article as to the conspiracy 
alleged, upon the same grounds as stated in the 
exception set forth in his answer to said article 
fourth. 

ANSWER TO ARTICLE VIII. 
And for answer to the said eighth article, this 
respondent denies that on the 21st day of Feb- 
ruary, 1868, at Washington aforesaid, or at any 
other time and place, he did issue and deliver to 
the said Thomas the said letter of authority set 
forth in the said eighth article, with the intent 
unlawfully to control the disbursements of the 
money appropriated for the military service and 
for the Department of War. This respondent, 
protesting that there was a vacancy in the office 
of Secretary for the Department of War, admits 
that he did issue the said letter of authority, and 
he denies that the same was with any unlawful 
intent whatever, either to violate the Constitu- 
tion of the United States or any act of Congress. 
On the contrary, this respondent again affirms 
that his sole intent was to vindicate his authority 
as President of the United States, and by peace- 
ful means to bring the question of the right of 
the said Stanton to continue to hold the said office 
of Secretary of War to a final decision before the 
Supreme Court of the United States, as has been 
hereinbefore set forth ; and he prays the same 
benefit from his answer in the premises as if the 
same vi^ere here again repeated at length. 

ANSWER TO ARTICLE IX. 

And for answer to the said ninth article the res- 
pondent states that on the said 22d day of Feb- 
ruary, 1868, the following note was addressed 
to the said Emory by the private secretary of 
respondent : 

ExECUTFVE Mansion, 
Washinotov, D. C , Februaiy 22, 1868. 
General: The Piosident directs me to say that he will 
be pleased to have yoii cal I upon him as early as practicable. 
Eespectfully and truly, yours, 

William G. Moore, 

United Stat>:s Army. 

General Emory called at the Executive Man- 
sion according to this request. The object of 
respondent was to be advised by General Emory, 
as commander of the department of Washington, 
what changes had been made in the military 
affairs of the department. Respondent had been 
informed that various changes had been made, 
which in nowise had been brought to his 
notice or reported to him from the Department 
of War, or from any other quarter, and desired 
to ascertain the facts. After the s.iid Emory 
had explained in detail the changes which had 
taken place, said Emory called the attention of 
respondent to a general order which he referred 
to and which this respondent then sent for.when 
it was produced. It is as follows : 

[General Orders No. 17.] 
Wae Department. Adjutant General's Ofpicb, 
Washington, March 14, 1867. 
The following acts of Congress are published tor tho in- 
formation and government of all concerned: 

II— PunLic— .No. 8j. 
An Act making appropriation* for the support of the 



278 



POLITICAL MANUAL. 



army foi the year ending June 30, 186S, and for other 

purposes. 

Sec. "2. And he. it further enacftul. That tho headquarters 
cf the Geniral of the iirmy of the United States Bball beat 
the city of Washington, and all orders and instructions re- 
latini; to i.iilitary operalioos issued hy the President or 
Secretary of War shall be i.-sued tliiough the General of the 
army, and in case of his inability, through the next inrank 
The General of the army shall not be removed, suspended, 
or relieved from command or assigned to duty elsewhere 
than at said lieadiju irters, except at his own reiinest, ■with- 
out the previous approval of the Senate; and any orders or 
instructions relating to military operations issued contrary 
to the reiinircmenis of I his section shall be null and void; 
and any officer who shall issue orders or instructions con- 
trary to the provisions of this section shall be deemed guilty 
of a'misdemeauor in office: and any otficerof the army who 
afaall transmit, convey, or obey any ordersor instructions so 
issued contrary to the provisions of this section, knowing 
that such orders were so i.ssued, shall be liable to impi ison- 
ni-'ut f r not less tliiin two nor more than twenty years, 
upon conviction thereof in any court of competent juris- 
dicliou. 

Approved March 2, 1867. 

By order of the Secretary of War: 

E. D. TOW.VSEND, 

Assistant Adjutant General. 
General Emory not only called the attention 
of respondent to this order, but to the fact that 
it was in conformity with a section contained in 
an appropriation act pas.«ed by (!ongress. Res- 
pondent, after reading the order, observed: 
"This is not in accordance with the Constitution 
of the United States, which makes me com- 
mander-in chief of the array and navy, or of 
the langaage of the commission which you 
hold." General Emory then stated that this 
order had met respondent's approval. Respond- 
ent then said in reply, in substance, " Am I to 
understand that the President of the United 
States cannot give an order hut through the 
General-ni chief, or General Grant?" General 
Emory again reiterated the statement that it 
had met respondent's approval, and that it was 
the opinion of some of the leading lawyers of 
the country that this order was constitutional. 
With some further consideration, respondent 
then inquired the names of the lawyers who had 
given the opinion, and he mentioned the names 
of two. Respondent then said that the object 
of the law was very evident, referring to the 
clause in the appropriation act upon wnich the 
order purported to be based. This, according to 
respondent's recollection, was the substance of 
the conversation had with General Emory. 

Res[)ondent denies that any allegations in the 
said article of any instructions or declarations 
given to the said Emory, then or at any other 
time, contrary to or in addition to what is here- 
inbefore set forth, are true. Respondent denies 
that, in said conversation with said Emory, he 
had any other intent than to express the opinions 
then given to the said Emory ; nor did he then, 
or at any time, request or order the said 
Emory to disob^^y any law or any order issued 
in conformity with any law, or intend to offer 
any inducement to the said Emory to violate 
any law. What this respondent then said to 
General Emory was simply tlic expression of an 
opinion which ho then fully believed to be 
bound, and which he yet believes to be so— and 
that is, that by the expre.ss provisions of tlie 
Constitution, this respondent, as President, is 
made the commander in-chi<d' of the armies of 
the United State.*, and as such ho is to be re- 
p pec led ; and that his orders, whether issued 
through the War Department or through the 



General-in-chief, or bj' any other channel of com- 
munication, are entitled to respect and obedi- 
ence; and thatsucli constitutional power cannot 
be taken from him by virtue of any act of 
Congress. Respondent doth therefore deny that 
by the expression of such opiu/on he did commit 
or was guilty of a high misdemeanor in ofBce. 
And this respondent doth further say that the 
said article nine lays no foundation wiiatever for 
the conclusion stated in the said article, that th© 
respondent, by reason of the allegations therein 
contained, was guilty of a high misdemeanor ia 
office. 

In reference to the statement made by General 
Emory, that this respondent had approved of 
said act of Congress containing the section re- 
ferred to, the respondent admits that his formal 
approval was given to said act, but accompanied 
the same by the following message, addressed 
and sent with the act to the House of Represen- 
tatives, in which House the said act originated, 
and from which it came to respondent : 

To tlie House of Representatives : 

The act entitled " An act making appropriations for the 
support of the ai my fo' the year ending June ; 0, 1868, and 
for other purposes," coiitainsproTisions to which I must call 
attention. Tliese provisions are contained in the 2d section, 
which, in certain cases, virtually deprives the President of 
his constitutional functions as commander-in-chief of the 
army, and in t!ie sixth section, which denies to ten States 
of the Union their constitutional right to protect tlieni- 
selves, in any emergency, by means of their own militia. 
These provisions are out of place in an appropriation act, 
hut I am compelled to defeat tliese necessary appropriations 
if I witldiol<l my signature from the act. Pressed by these 
considerations, I feel constrained to return the bill with my 
signature, hut to accompany it with my earnest protest 
against the sections which I have indicated. 

Washington, D. C, March 2, 1867. 

Respondent, therefore, did no more than to 
express to said Emory the same opinion which 
he had expressed to the House of Representa- 
tives. 

ANSWER TO ARTICLE X. 
And in answer to the tenth article and speci- 
fications thereof, the respondent says that on the 
14th and 15th days of Aogu-^t, in the year 1866, 
a political convention of delegates from all or 
most of the States and Territories of the Union 
was held in the city of Philadelphia, under the 
name and style of the National Union Conven- 
tion, for thepurposeof maintaining and advano- 
ing certain political views and opinions before 
the people of the United States, and for their 
support and adoption in the exercise of the 
constitutional suiTrage, in the election of rep- 
resentatives and delegates in Congress, which 
were soon to occur in many of the States and 
Territories of the Union ; which said conven- 
tion, in the course of its proceedings, and in 
furtherance of the objects of the same, adopted 
a " declaration of principles " and " an address 
to the people of tne United States," and ap- 
pointed a committee of two of its members from 
each State and of one from each Territory and 
one from the District of Columbia to wait upon 
the President of the United States and present 
to him a copy of the proceedings of the conven- 
tion ; that on the 18th day of said month of 
August, this committee waited upon the Presi- 
dent of the United States at the Executive Man- 
sion, and was received by him in one o< tiio 
rooms thereof, and by their chairman, Hon. 
Reverdy Johnson, then and now a Senator oi 



THE ARTICLES OF IMPEACHMENT, ETC. 



279 



the United States, acting and speaking in their 
b half, presented a copy of the proceedings of 
the convention, and addressed the President of 
the United States in a speech, of whicli a copy 
(according to a published report of the same, 
and, as ilie respondent believes, substantially a 
correct report) is hereto annexed as a part of this 
answer, and marked Exhibit C. 

That thereupon, and in reply to the address of 
said committee by their chairman, tliis respond- 
ent addressed the said committee so waiting upon 
him in one of the rooms of tlie Executive Man- 
sion ; and this respondent believes that this his 
address to said committee is the occasion re- 
ferred Lo in the first specification of the tentii 
article; but this respondent does not admit that 
the passages therein set forth, as if extracts from 
a speech or address of this respondent upon said 
occasion, correctl}' or justly present his speech or 
address upon said occasion, but, on the contrary, 
this respondent demands and insists that if this 
honorable court shall deem the said article and 
the said specification thereof to contain allega- 
tion of matter cognizable by this honorable 
court as a high misdemeanor in office, within the 
intent and meaning of the Constitution of the 
United States, and shall receive or allow proof 
in support of the same, that proof shall be re- 
quired to be made of the actual speech and ad- 
dress of tiiis respondent on said occasion, which 
this respondent denies that said article and speci- 
fication contain or correctly or justly represent. 

And this respondent, further answering the 
tenth article and the specifications thereof, says 
tiiat at Cleveland, in the State of Ohio, and on 
the 3d day of September, in the year 1866, he 
was attended by a large assemblage of his fel- 
low-citizens, and in deference and obedience to 
their call and demand he addressed them upon 
matters of public and political consideration ; 
and this respondent believes that said occasion 
and address are referred to in the second speci- 
fication of the tenth article; but this respond- 
ent does not admit that the passages therein set 
forth, as if extracts from aspeech of this respond- 
ent on said occasion, correctly or justly present 
his speech or address upon said occasion ; but, 
on the contrar3\ this respondent demands and 
insists that if ttiis honorable court shall deem 
the said article and the second specification 
thereof to contain allegation of matter cogniz- 
able by this honorable court as a high misde- 
meanor in office, within the intent and meaning 
of the Constitution of theUnited States, and shall 
receive or allow proof in support of the same, 
that proof shall be required to be made of the 
actual speech and address of this respondent on 
said occasion, which this respondent denies that 
said article and specification contain or correctly 
or justly represent. 

And this respondent, further answering the 
tenth article and the specifications thereof, says 
that at St. Louis, in the State of Missouri, and 
on the 8tli day of September, in the year 1866, 
he was attended by a numerous assemblage of 
his fellow-citizens, and in deference and obe- 
dience to their call and demand he addressed 
them upon matters of public and political con- 
sideration ; and this respondent believes that 
eaid occasion and address are referred to in the 



third specification of the tenth article; hut this 
respondent does not admit that the passages 
therein set forth, as if extracts from a speech of 
this respondent on said occasion, correctly oi 
justly present his speecli or address upon said 
occasion ; but, on the contrary, this respondent 
demands and insists that if this honorable court 
shall deem the said article and the said third 
specification thereof to contain allegation of 
matter cognizable by this lionorable court as a 
high misdemeanor in office, within the intent 
and meaning of the Constitution of the United 
States, and shall receive or allow proof in sup- 
port of the same, that proof shall be required to 
be made of the actual speech and address of this 
respondent on said occasion, which this respond- 
ent denies that the said article and specification 
contain or correctly or justly represent. 

And this respondent, further answering the 
tenth article, protesting that he has not been 
uumindfal of the liigh du.ties of his office, or of 
the harmony or courtesies which ought to exist 
and be maintained between the executive and 
legislative branches of the Government o^ the 
United Stales, denies that he has ever intended 
or designed to set aside the rightful authority or 
powers of Congress, or attempted to bring into 
disgrace, ridicule, hatred, conteiopt, or reproacii 
the Congress of the United States or either 
branch thereof, or to impair or destroy the re- 
gard or respect of all or any of the good people 
of the United States for the Congress or tlie right- 
ful legislative power thereof, or to excite the 
odium or resentment of all or any of the good 
people of the United States against Congress and 
the laws by it duly and constitutionally enacted. 
This respondent farther says, tiiat at all times 
he has, in his official acts as President, recog- 
nized the authority of the several' Congre.-ses of 
the United States as constituted and organized 
during his administration of the office of Presi- 
dent of the United States 

And this respondent, further answering, says 
that he has, from time to time, under his consti- 
tutional right and duty as President of the 
United States, communicated to Congress his 
views and opinions in regard to such acts or res- 
olutions thereof as, being submitted to him as 
President of the United States in pursuance of 
the Constitution, seemed to this respond=^nt to 
require such communications ; and he has, from 
time to time, in the exercise of that freedom of 
speech which belongs to him as a citizen of th© 
United States, and, in his political relations as 
President of the United States to the people of 
the United States, is upon fit occasions a duty of 
the highest obligation, expressed to his fellow- 
citizens his views and opinions respecting th» 
measures and proceedings of Congress ; and' that 
in such addresses to his fellow-citizens and ia 
such his communications to Congress he has ex- 
pressed his views, opinions, and judgme-nt of 
and concerning the actual constitution of the 
two houses of Congress without repres&ntatioa 
therein of certain States of tlie Union, and ©■f 
the eS"ect that in wisdom and justice,, io th» 
opinion and judgment of this respondent. Con- 
gress, in its legislation and proceedings, should 
give to this political circumstance; and whatso- 
ever ho has thus communicated to- Coagress <«■ 



280 



POLITICAL MANUAL. 



addressed to his fellow-citizens or any assemblage 
thereof, this respondent says was and is within 
and according to his right and privilege as an 
American citizen and his right and duty as Presi- 
dent of tlie United States. 

And this respondent, not waiving or at all 
dis[iaraging his right of freedom of opinion and 
of freedom of speech, as iiereinbefore or herein- 
after more particularly set fortli, but claiming 
and ill-listing upon tlie same, further answering 
the said tentli article, says that the views and 
opinions expressed by this respondent in his said 
addresses to the assemblages of his fellow-citi- 
zens, as in said article or in this answer thereto 
mentioned, are not and were not intended to be 
other ordiflferenl from those ex[iressed by him in 
his communications to Congress — that the eleven 
Stales lately in insurrection never had ceased to 
be States of the Union, and tliat they were then 
entitled to representation in Congress by loyal 
Representatives and Senators as fully as the 
other States of the Union, and that, conse- 
quent!}-, tlio Congress, as then constituted, was 
not, in fact, a Congress of all the Stales, but a 
Congress of only a part of the States. This re- 
spondent, always protesting against the unau- 
tliorized exclusion tlierefrom of the said eleven 
States, nevertheless gave his assent to all laws 
passed by said Congress wliich did not, in his 
opinion and judgment, violate the Constitution, 
exercising his constitutional authority of return- 
ing bills to said Ccn^ress with his objections 
when they appeared to him to be unconstitu- 
tional or inexpedient. 

And. further, this respondent has also ex- 
pressed the opinion, both in his communications 
to Congress and in his addresses to the people, 
that the policy adopted by Congress in reference 
to the States lately in insurrection did not tend 
to peace, iiarmonj', ami union, but, on the con- 
trary-, did tend to disunion and the permanent 
disruption of the States; and that in following 
its said policy, laws had been passed by Con- 
gress in violation of the fundamental principles 
of the government, and wiiich tended to con- 
solidation and desfiotism ; and, such being liis 
deliberate opinions, he would have felt lumself 
uninindful of the high duties of liis office if he 
had failed to express them in his communica- 
tions to Congress, or in his addresses to the peo 
pie wlien called upon by them to .express his 
opinions on matters of public and political con- 
eideration. 

And this respondent, further answering the 
♦enth articU;, says that he has always claimed 
and insisted, and now claims; and insists, that 
both in hi? personal and |)rivale capacity of a 
■citizen of the United States, and in the political 
relations of the President of tlie United States 
to liie people of the United' States, whose ser- 
vant, under the duties and responsibilities of the 
Constitution of the United States, the President 
otf the United States is, and should always re 
main, this respondent iiad and has the full right, 
and in his otTice of President cf tiie United States 
is held to the high duty of forming, and, on fit 
occasions, expressing, opinions of and concern- 
»ng the legislation of Congress, proposed or com- 
pleted, in resjject of its wisdom, expediency, 
I aatiioe, worthiness, objects, purposes, and public 



and political motives and tendencies; and with- 
in and as a part of such right and duty to form, 
and on fit occasions to express, opinions of and 
concerning the public character and conduct, 
views, purposes, objects, motives, and tendencies 
of all men engaged in the public service, as well 
in Congress as otherwise, and under no otlier 
rules or limits upon this right of freedom of 
opinion and of freedom of speech, or of responsi- 
bility and amenability for the actual exercise of 
such freedom of opinion and freedom of speech, 
than attend upon such rights and tlieir exercise 
on the part of all other citizens of tlie United 
States, and on the part of all their public ser- 
vants. 

And this respondent, further answering said 
tenth article, says that the several occasions on 
which, as is alleged in tlie several specifications 
of said article, this respondent addressed his 
fellow-citizens on subjects of public and politi- 
cal consideration, were not, nor was any one of 
them, sought or planned by tliis respondent; 
but, on the contrary, each of said occasions 
arose upon the exercise of a lawful and accus- 
tomed right of the people of llie United States 
to call upon their public servants and express 
to thern their opinions, wishes, and feelings 
upon matters of public and political considera- 
tion, and to invite from such, their public ser- 
vants, an expression of their opinions, views, 
and feelings on matters of public and y)olitical 
consideration ; and this respondent claims and 
insists before this honorable conrt, and before 
all the people of the United States, that of or 
concerning this his right of freedom of opinion 
and of freedom of speech, arxl this his exercise of 
such rights on all matters of public and political 
consideration, and in respect of all public ser- 
vants or persons whatsoever engaged in or con- 
nected tlierewith, this respondent, as a citizen or 
as President of the United States, is not subject 
to question, inquisition, impeachment, or incul- 
pation in any form or manner whatsoever. 

And this respondent says that neither the said 
tenth article nor any s[iecification thereof, nor 
any allegation tlierein contained, touches or re- 
lates to any official act or doing of this respond- 
ent in the office of President of the United 
States or in the discharge of any of its constitu- 
tional or legal duties or responsibilities ; but 
said article and the specifications and allegations 
thereof, wholly and in every part thereof, ques- 
tion only the discretion or propriety of freedom 
of opinion or freedom of speech as exercised by 
this respondent as a citizen of tlie United States 
in his personal right and capacity, and without 
allegation or imputation against "this respondent 
of the violation of any law of the United States 
touching or relating to freedom of speech or it« 
exercise by the citizens of tlie United States or 
by this respondent as one of the said citizens or 
otherwise; and he denies that, by reason of any 
matter in said article or its specifications allegea, 
ho has said oi done anything indecent or unbe- 
coming in the Chief Magistrate of the United 
States, or that he lias brought the high office of 
the President of the United States into con- 
tempt, ridicule, or disgrace, or that he has com- 
mitted or has been guilty of a high misdemeauor 
ia office. 



ORDERS, LETTERS, MESSAGES, ETC. 



281 



ANSWER TO ARTICLE XI. 

And in answer to the eleventh iirticle, this re- 
spondent denies that on the 18th day of August, 
in the year 1866, at the city of Washington, in 
the District of Columbia, he did, by public 
speech or otherwise, declare or affirm, in sub- 
stance or at all, that the Thirty-Ninth Congress 
of the United States was not a Congress of the 
United States authorized by the Constitution to 
exercise legislative power under the same, or 
that he did then and there declare or affirm that 
the said Thirty- Ninth Congress was a Congress 
of only part of the States in any sense or mean- 
ing other than that ten States of the Union were 
denied representation therein ; or that he made 
any or either of the declarations or affirmations 
in this behalf, in the said article alleged, as deny- 
ing or intending to deny that the legislation of 
said Thirty-Ninth Congress was valid or 
obligatory upon this respondent, except so far 
as this respondent saw fit to approve the same ; 
and as to the allegation in said article, that he 
did thereby intend or mean to be understood 
that the said Congress had not power to propose 
amendments to the Constitution, this respondent 
says that in said address he said nothing in refer- 
ence to the subject of amendments of the Con- 
stitution, nor was the question of the compe- 
tency of the said Congress to propose such 
amendments, without the participation of said 
excluded States, at the time of said address, in 
any way mentioned or considered or referred to 
by this respondent, nor in what be did say had 
lie any intent regarding the same, and he denies 
the allegation so made to the contrary thereof. 
But tliis respondent, in further answer to, and 
in respect of, the said allegations of the said 
eleventh article hereinbefore traversed and de- 
nied, cla'ms and insists upon his personal and 
official right of freedom of opinion and freedom 
of speech, and his duty in his political relations 
as President of the United States to the people 
of the United States in the exercise of such 
freedom of Ofiinion and freedom of speech, in 
the same manner, form, and effect as he has in 
this behalf stated the same in his answer to the 
said tenth article, and with the same effect as if 
he here repeated the same; and he further claims 
and insists, as in said answer to said tenth article 
he has claimed and insisted, that he is not sub- 
ject to question, inquisition, impeachment, or in- 
culpation, in any form or manner, of or concern- 
ing such rights of freedom of opinion of freedom 
of speech or his said alleged exercise thereof. 

And this respondent further denies that on the 
21st of February, in the year 1868, or at any 
other time, at the city of Washington, in the 
District of Columbia, in pursuance of any such 
declaration as is in tiiat behalf in said eleventh 
article alleged, or otherwise, he did unlawfully, 
and in disregard of tiie requirement of the Con- 
stitution that he should take care tliat the laws 
should be faithfully executed, attempt to pre- 
vcLt the execution of an act entitled "An act 
reg ilatiiig the tenure of certain civil offices," 
passed March 2, 1867, by unlawfully devising or 
coniriving, or attempting to devise or contrive, 
meaas by which he should prevent Edwin M. 
iJtanton from forthwith resuming the functions 



of Secretary for the Department of War ; or 
by unlawfully devising or contriving, or at- 
tempting to devise or contrive, mtans to prevent 
the execution of an act entitled "An act mak- 
ing appropriations for the support of the army 
for the fiscal year ending June 30, 1868, and for 
other purposes," approved March 2, 1867, or to 
prevent the execution of an act entitled "An 
act to provide for the more efficient government 
of the rebel States," passed March 2, 18G7. 

And this respondent, further answering the 
said eleventh article, says that he has, in his an- 
swer to the first article, set forth in detail the 
acts, ste[)S, and proceedings done and taken by 
this respondent to and toward or in the matter 
of the suspension or removal of the said Edwin 
M. Stanton in or from the office of Secretary for 
the Department of War, with the times, modes, 
circumstances, intents, views, purposes, and 
opinions of official obligation and duty under 
and with which such acts, steps, and proceedings 
were done and taken ; and he makes answer to 
this eleventh article of the matters in his answer 
to the first article, pertaining to tiie suspension 
or removal of said Edwin M. Stanton, to the 
same intent and effect as if they were here re- 
peated and set forth. 

And this respondent, further answering the 
said eleventh article, denies Vhat by means or 
reason of anything in said article alleged, this 
respondent, as President of the United States, 
did, on the 21st day of February, 1868, or at 
any other day or time, commit, or that he was 
guilty of, a high misdemeanor in office. 

And this respondent, further answering the 
said eleventh article, says that the same and the 
matters therein contained do not charge or 
allege the commission of any act whatever by 
tliis respondent, in his office of President of the 
United States, nor the omission by this respond- 
ent of any act of official obligation or duty in 
his office of President of the United States ; nor 
does the said article nor the matters therein con- 
tained name, designate, describe, or define any 
act or mode or form of attempt, device, con- 
trivance, or means, or of attempt at device, con- 
trivance or means, whereby this respondent can 
know or understand what act or mode or form 
of attempt, device, contrivance or means, or of 
attempt at device, contrivance, or means, are 
imputed to or charged against this resfionclent, 
in his office of President of the United States, 
or intended so to be, or whereby this respondent 
can more fully or definitely make answer unto 
the said article than he hereby does. 

And this respondent, in submitting to this 
honorable court this his answer to the Articles 
of Impeachment exhibited against iiim, respect- 
fully reserves leave to amend and add to the 
same from time to time, as may become neces- 
sary or proper, and when and as such necessity 
and propriety shall appear. 

Andeew Johnsos 

Henry Stanbeey, 

B. R. Curtis, 

Thomas A. R. Nelson, 

William M Evarts, 

W. S. Groesbeck, 

OJ Counsel. 



282 



POLITICAL MANUAL. 



Same day — The rresident's counsel asked for 
thirty days for preparation before the trial shall 
proceed , which was debated aud disagreed to — 
yeas 12, nays 41. 

March 24— The Managers presented the rep- 
lication adopted — yeas 116 nays 3(J — by the 
House of Re[iresenlatives, as follows : 

In the House of IIepresentativks, United States, 
March 24, lS(iS. 
Replication by the House of liepresentalives of the Vnited 
States to tite answer of Andrew Joltnsnn, Presidnt of tlie 
United Statrs. to the Articles of Impeachment exhiUted 
against him by the House of Representatives. 
The House of R«iireseiitiitiTe3 of the Uiiit^d States Iiave 
coiisideieil tlie several iiiiswers of Aiiilrew Johnson, Pres- 
ident of the Uniteii Stittes, to the sevenil articles of im- 
peachment agaitvst him by them exhibiteil in the name of 
themselves and of all the people of the United States, and 
reserving to themselves alt advantage of exception to the 
iDSufficiency of his answer to each and all of the several 
articles of impeachment exhibited against said Andrew 
Johnson, President of the United States, do deny each and 
every averment in said several answers, or either of them, 
which denies or traverses the acts, intents, crimes, or njis- 
demeanors charged against said Andrew Johnson in the said 
articles of impeachment, or either of them ; and for replica- 
tion to said answer do say that said Andrew Johnson, Presi- 
dent of the United States, is guilty of the high crimes and 
misdemeanors nienti(jned in said articles, and that the 
Ilouse of Representatives are ready to prove the same. 
ScHuyLER Colfax, 
Speaker of the House of Representatives. 
Edward McPhekson, 

Clerk of the House of Representatives. 

Same day — An order was adopted, finally 
without a division, that the Senate will com- 
mence the trial on the 30th inst., and proceed 
with all convenient despatch. 

March 30 — Opening argument by Mr. Butler, 
one of the Managers, and some testimony intro- 
dua^d. 

March 31, April 1, 2, 3, and 4, the testimony 
for the prosecution continued, and the case on 
the part of the House substantially closed. 
Adjourned till April 9, at the request of the 
President's counsel. 

April 9 and 10 — Occupied by Judge Curtis's 
opening argument for the defence, and in pre- 
Benting testimony. 

April 11, 13, 14, 15, 16, 17, 18, 20, testimony 
' presented. 



April 22— Argument begun, and continued on 
April 23, 21, 25, 27, 26, 29. 30, May 1, 2, 4, 5, 
and G. 

May 1 aud ]J spent in determining rules, 
form of question, &c. May 12, adjourfled in 
consequence of the sicknes* of Senator Howard, 
till May 10. 

The Judgment of the Senate. 

May 1(' — By a vote of 34 to 19, it was ordered 
that the question on tlie eleventh article betaken 
first, [i'or Article XI, see page 10.] 

The vote was 35 " guilty," 19 " not guilty,'' 
as follow : 

Gnii.TY — Messrs. Anthony, Cameron, Cattell, Chandler, 
Cole. Conkling, Conness, Corbett, Cragin, OraUe, Edmunds, 
Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, 
Morrill of Maine, Morrill of Vermont. Morton, Nye, Patter- 
.son of New Hampshire, Pomeroy. Ilamsey, Sherman, 
Sprague, Stewart, " umner. Thayer, Tipton, Wade, Willey, 
Williams, Wilson, Yates — 35. 

Not Guilty— Messrs. Bayard, Buclcaleiv, Dairi.t, Dixon, 
DooUttle, Fessemlen, Fowler, Grimes, Henderson, Hendricks, 
Johnson, McCre.ery. Norton. Pattersnyi. of Tennessee, Ross, 
■Saji/sfiMr^/, Trumbull, Van Winkle, Vickers — 19. 

May 26 — The second and third articles were 
voted upon, with the same result as on the 
eleventh : Guilty 35 ; Not Guilty, 19. 

A motion that the court do now adjourn sine 
die was then carried — yeas 34, nays 16, as fol- 
low : 

Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, Cole, 
Conkling, Corbett. Cragin, Drake, Edmunds, Ferry, Freling- 
huysen, Harlan, Howard, Morgan, Morrill of Maine, Mor- 
rill of Vermont, Morton, Nye, Patterson of New Hampshire, 
Pomeroy. Ramsev, Shernnin, Sprague, Stewart. Sumner, 
Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wil- 
son. Yates— 3i. 

Nays — Messrs. Biyard, Bnckalew, Davis, Dixon, Doo- 
little. Fowler, Hendeisrui. Hndricks, Johnson. McCreoy, 
Norton. Patterson of Tennessee, Ross, Saulsbury, Trum- 
bull, Vickers — 16. 

Not Voting — Conness, Fessenden, Grimes, Ilowe — I. 

Judgment of acquittal was then entered by 
the Chief Justice on the three articles voted 
upon, and the Senate sitting as a court for the 
trial of Andrew Johnson, President of tlie United 
States, upon Articles of Impeachment exhibited 
by the House of Representatives, was declared 
adjourned without day. 



XXV, 



CORRESPONDENCE BETWEEN GEN. GRANT AND PRESIDENT JOHNSON, 

GROWING OUT OF SECRETARY SLINTON'S SUSPENSION. 



War Department, 
WAsniNGTOU City, February 4, 1868. 

Sir: In answer to the resolution of tlie House 
of Representatives of the 3d instant, I transmit 
herewith copies furnished me by General Grant 
of correspondence between him and the Presi- 
dent, relating to the Secretary "f War, and which 
he reports to be all the corres])c>ndence he has 
bad with the President on the suliject. 

I have had no corresjiondence witli the Presi- 
dent since the 12th of Autiust last. After the 



action of the Senate on his alleged reason for my 
suspension from the office of Secretary of War, I 
resumed the duties of that office as required by 
the act of Congress, and have continued to dis- 
charge them without any personal or written 
communication with the President. No orders 
hav(! be.cn is--ued I'roin this department in the 
name of the I'lesident, with my krowledge, and 
1 have received no orders from him. 

Thecorrespondencesent herewith embraces all 
the correspondence known to me on the suhiect 



CORRESPONDENCE BETWEEN GRANT AND JOHNSON* 



283 



referred to in the resolution of the House of 
Representatives. 

I have the honor to be, sir, with great respect, 
your obedient servant, Edwin M. Stak-^on, 
Secretary of Wai . 
Hon. ScHUYLSB Colfax, 

Speaker of the House of Representatives. 

1. geneei.l grant to the president. 

Headquarters Army of the United States, 

Washington, January 24, 1868. 

Sir: I have the honor, very respectfully, to 

request to have, in writing, the order whicii the 

President gave tne verbally on Sunday, the 19th 

instant, to disregard the orders of the Hon. E. M. 

Stanton, as Secretary of War, until I knew, from 

the President himself, that tliey were his orders. 

I have the honor to be, very respectfully, your 

obedient servant, U. S. Grant, 

General. 
His Excellency A. Johnson, 
President of the United States. 

2. — general grant to the president. 
Headquarters Army of the United States, 
Washington, D. C, January 28, 1868. 
Sir: On the 24th instant, I requested you to 
give me in writing the instructions which you 
had previously given me verbally, not to obey 
any order from Hon. E. M. Stanton, Secretary 
of War, unless I knew that it came from yourself. 
To this written request I received a message 
that has left doubt in my mind of your inten- 
tions. To prevent any possible misunderstand- 
ing, therefore, I renew the request that you will 
give me written instructions, and, till they are re- 
ceived, will suspend action on your verbal ones. 
I am compelled to ask these instructions in 
writing, in consequence of the many and gross 
misre[)resentations affecting my personal honor, 
circulated through the press for the last fort- 
night, purporting to come from the President, of 
conversations which occurred either with the 
President privately in his office, or in cabinet 
meeting. What is written admits of no misun- 
derstanding. 

In view of the misrepresentations referred to, 
it will be well to state the facts in the case. 

Some time after I assumed the duties of Secre- 
tary of War ad interim, the President asked me 
ray views as to the course Mr. Stanton would 
have to pursue, in case the Senate should not 
concur in his suspension, to obt-ain possession of 
his office. My reply was, in substance, that Mr. 
Stanton would have to appeal to the courts to 
reinstate him, illustrating my position by citing 
the ground I had taken in the case of the Balti- 
more police commissioners. 

In that case I did not doubt the technical 
right of Governor Swann to remove the old com- 
missioners and to appoint their successors. As 
the old commissioners refused to give up, how- 
ever, I contended that no resource was left but 
to appeal to the courts. 

Finding that the President was de.sirous of 
keeping Mr. Stanton out of office, whether sus- 
tained in the suspension or not, I stated that I 
had not looked particularly into the tenure of 
office bill, but that what I had stated was a 



general principle, and if I should change my 
mind in this particular case J would inform him 
of the fact. 

Subsequently, on reading the tenure of office 
b.'U closely, I found that I could not, without 
violation of the law, refuse to vacate the office 
of Secretary of War the moment Mr. Stanton 
was reinstated by the Senate, even though the 
President should order me to retain it, which he 
never did. 

Taking this view of tlie subject, and learning 
on Saturday, the 11th instant, that the Senate 
had taken up the subject of Mr. Stanton's sus- 
pension, after some conversation with Lieutenant 
General Sherman and some members of my staff, 
in which I stated that the law left me no dis- 
cretion as to my action, should Mr. Stanton be 
reinstated, and that I intended to inform the 
President, I went to the President for the sole 
purpose of making this decision known, and did 
so make it known. 

In doing this I fulfilled the promise made ia 
our last preceding conversation on the subject. 

The President, however, instead of accepting 
mv view of the requirements of the tenure of 
office bill, contended that he had suspended Mr. 
Stanton under the authority given by the Con- 
stitution, and that the same autliorit}'' did not 
preclude liim from reporting, as an act of court- 
esy, his reasons for the suspension to the Senate. 
That, having appointed me under the authority 
given by the Constitution, and not under any 
act of Congress, I could not be governed by the 
act. I stated that the law was binding on me, 
constitutional or not. until set aside by the 
proper tribunal. An hour or more was con- 
sumed, each reiterating his views on tliis subject, 
until, getting late, the President said he would 
see me again. 

I did not agree to call again on Monday, nor 
at any other definite time, nor was I sent for by 
the President until the following Tuesday. 
I From the Ilth to the cabinet meeting on the 
14th instant, a doubt never entered my mind 
about the President's fully understanding my 
position, namely, that if the Senate refused to 
concur in the suspension of Mr. Stanton, my 
powers as Secretary of War ad intervn would 
cease, and Mr. Stanton's right to resume at once 
the functions of his office would under the law 
be indisputable, and I acted accordingly. With 
Mr. Stanton I iuid no communication, direct nor 
indirect, on the subject of his reinstatement, dur- 
ing his suspension. 

I knew it had been recommended to the Pres- 
ident to send in the name of Governor Cox, of 
Ohio, for Secretary of War, and thus save all 
embarrassment — a proposition that I sincerely 
hoped he would entertain favorably ; General 
Sherman seeing the President at my [larticular 
request to urge this, on the 13th instant. 

On Tuesday, (the day Mr. Stanton re-entered 
the office of the Secretary of War,) General Corn- 
stock, who had carried my official l-tter an- 
nouncing that, with Mr. Stanton's reinstatement 
by the Senate, I had ceased to be Secretary of 
War ad interim, and who saw the President 
open and read the communication, brought back 
to me from the President a message that he 
wanted to see me that day at the cabinet meet- 



284 



POLITICAL MANUAL. 



ing, after I had made known the fact that I was 
no longer Secretary of War ad interim. 

At this meeting, after opening it as though I 
were a member of the cabinet, wlien reminded 
of the notification already ^iven him that I was 
no lunger Secretary of War ad interim, the 
President gave a version of the conversations 
alluded to already. In this statement it was 
asserted that in both conversations I liad agreed 
to hold on to tlie office of Secretary of War 
until displaced by the courts, or resign, so as to 
place the President where he would have been 
had I never accepted the office. After liearing 
the President througli, I stated our conversa- 
tions substantially as given in this letter. I 
will add that my conversation before the cabi- 
net unbraced other matter not pertinent here, 
and is therefore left out. 

I in nowise admitted the correctness of the 
President's statement of our conversations, 
though, to soften the evident contradiction my 
statement gave, I said (alluding to our first con- 
versation on the subject) the President miglit 
have understood me the way he said, namely, 
that I had [iromised to resign if I did not resist 
the reinstatement. I made no such promise. 

I have the honor to be, very respectfully, 
your obedient servant, 

U. S. Grant, Oeneral. 

His Excellency A. JoHSSOX, 

President of the United States. 

No. 3. ENDORSEMENT OF THE PRESIDENT ON 

OENERAL grant's NOTE OF JANUARY 24, 1868. 

January 29, 1868. 
As requested in this communication. General 
Grant is instructed, in writing, not to obey any 
order from the War Department, assumed to be 
issued by the direction of the President, unless 
such order is known by tlie General commanding 
the armies of the United States to have been 
authorized by the Executive. 

Andrew Johnson. 

No. 4. general GRANT TO THE PRESIDENT. 

Head(JU.\rters Army of the United States, 
Washington, January 30. 1868. 

$IR: I have tiie honor to acknowledge the 
return of my note of the 24th instant, with your 
endorsement tiiereon, tliat I am not to obey any 
order from the War Department assumed to be 
issued by the direction of the President, unless 
euch order is known by me to have been author- 
ized by the Executive; and in reply thereto to 
say, that I am informed by the Secretary of War 
that he has not received from the Executive any 
order or instructions limiting or impairing his 
authority to issue orders to the army as has 
heretofore been iiis practice under the law and 
the customs of th-^ di^pariment. While this au- 
thority to the War Department is not counter- 
manded, it will be satisfactory evidence to me 
that any or<lers issued from the War Depart- 
ment, by direction of the President, are author- 
iced by the Executive. 

I have the honor to be, very respectfully, your 

obedient servant, U.S.Grant, 

TT- T-. 11 . T „„^ General. 

His Excellency A Johnson, 

Frcsilent of the United States. 



no. 5. — the president to general grant. 
Executive Mansion, 

January 31, 1868. 

General: I have received your communica- 
tion of tlie 2Sth instant, renewing your request 
of the 2Uli, that I sliould repeat in a written 
form my verbal instructions ot the 19th instant, 
viz: That you obey no order from the honora- 
ble Edwin M. Stanton, as Secretary of War, 
unless you have information that it was issued 
by the President's directions. 

In submitting this request, (with which I com- 
plied on the 29tli instant,) you take occasion to 
allude to recent publications in reference to the 
circumstances connected with the vacation, by 
yourself, of the oiBce of Secretary of War oci 
interim, and, with the view of correcting state- 
ments, which you term " gross misrepresenta- 
tions," give at length your own recollection of 
the facts under which, without the sanction of 
the President, from whom you had received and 
accepted the appointment, you yielded the De- 
partment of War to the present incumbent. 

As stated in your communication, some time 
after you had assumed the duties of Secretary 
of War ad interim, we interchanged views re- 
specting the course that should be pursued in 
the event of non-concurrence by the Senate in 
the suspension from ofBce of Mr. Stanton I 
sought that interview, calling myself at the War 
Department. My sole object in then bringing 
the subject to your attention was to ascertain 
definitely what would be your own action should 
such an attempt be made for his restoration to 
the War Department. That object was accom- 
plished, for the interview terminated with the 
distinct understanding that if, upon reflection, 
you should prefer not to become a party to the 
controversy, or should conclude that it would 
be your duty to surrender tlie department to 
Mr. Stanton, upon action in his favor by the 
Senate, you were to return the office to me prior 
to a decision by the Senate, in order that, if I 
desired to do so, I might designate some one 
to succeed you. It must have been apparent 
to you that, had not this understanding been 
reached, it was my purpose to relieve you from 
the further discharge of the duties of Secretary 
of War ad interim, and to appoint some other 
person in that capacity. 

Otier conversations upon this subject ensued, 
all of them having, on my part, the same ob- 
ject, and leading to the same conclusion, as the 
first. It is not necessary, however, to refer to 
any of them, excepting that of Saturday, the 11th 
instant, mentioned in your communication. As 
it was then known that the Senate had pro- 
ceeded to consider the case of Mr. Stanton, I 
was anxious to learn your determination. After 
a protracted interview, during which the pro- 
visions of the tenure of office bill were freely 
discussed, you said that, as had been agreed 
upon in our first conference, you would either 
return the office to ray possession in time to 
enable me to appoint a successor before final 
action by the Senate upon Mr. Stanton's sus- 
pension, or would remain as its head, awaiting 
a decision of the question by judicial proceed- 
ings. It was then understood that thern would 
be a further conference on Monday, by which 



CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 



283 



time I supposed you would be prepared to in- 
form me of your final decision. You failed, 
however, to fulfill the engagement, and on Tues- 
day notified me, in writing, of the receipt by 
3'ou of oflicial notification of the action of the 
Swnate in the case of Mr. Stanton, and at the 
Bame time informed me that according to the 
act regulating the tenure of certain civil offices 
your functions as Secretary of War ad interim 
ceased from the moment of the receipt of the 
notice. You thus, in disregard of the under- 
standing between us, vacated the oSice witliout 
having given me notice of your intention to do 
60. It is but just, however, to say that in your 
communication you claim that you did inform 
me of your purpose, and thus " fulfilled the 
promise made in our last preceding conversa- 
tion on this subject." The fact that such a 
promise existed is evidence of an arrangement 
of the kind I have mentioned. You iiad found 
in our first conference " that the President was 
desirous of keeping Mr. Stanton out of office, 
whether sustained in the suspension or not." 
You knew what reasons had induced the Presi- 
dent to ask from you a promise; you also knew 
that in case your views of duty did not accord 
with his own convictions, it was his purpose to 
fill your {ilace by another a'ppointment. Even 
ignoring the existence of a positive understand- 
ing bptvveen us, these conclusions were plainly 
deducible from our various conversations. It is 
certain, however, that even under these circum- 
stances, you did not offer to return the place to 
my possession, but, according to your own state- 
ment, placet! yourself in a position where, could 
I have anticifiated your action, I would have 
been compelled to ask of you, as I was com- 
pelled to ask of your predecessor in the War 
Department, a letter of resignation, or else to 
resort to the more disagreeable expedient of su- 
perseding you by a successor. 

As stated in your letter, the nomination of 
Governor Cox, of Ohio, for the office of Secre- 
tary of War was suggested to me. His appoint- 
ment, as Mr. Stanton's successor, was urged in 
your name, and it was said that his selection 
would save further embarrassment. I did not 
think that in the selection of a cabinet officer I 
should be trammelled by such considerations. I 
was prepared to take the responsibility of de- 
ciding the question in accordance with ray ideas 
of constitutional duty, and, having determined 
upon a course which 1 deemed right and proper, 
was anxious to learn the steps you would take 
should the possession of the War Department 
be demanded by Mr. Stanton. Had your action 
been in conformity to the understanding be- 
tween us, I do not believe that the embarrass- 
ment would have attained its present propor- 
tions, or that the probability of its repetition 
would have been so great. 

I know that, with a view to an early termina- 
tion of a state of afi'airs so detrimental to the 
public interests, you voluntarily oftered, both on 
Wednesday, the 15th instant, and on the suc- 
ceeding Sunday, to call upon Mr. Stanton, and 
urge upon him that the good of the service 
required his resignation. I confess that I con- 
sidered your proposal as a sort of reparation for 
the failure, on your part, to act in accordance 



with an understanding more than once repeated, 
which I tiiouglit had received your full assent, 
and under winch you could have returned to me 
the office which I had conferred upon you, thu8 
saving yourself from embarrassment, antl leav- 
ing the responsibility where it properly be- 
longed — with the President, who is accountable 
for the faithful execution of the laws. 

I have not yet been informed by you whether, 
as twice proposed by yourself, you have called 
upon Mr. Stanton, and made an effort to induce 
him voluntarily to retire from the War Depart- 
ment. 

You conclude your communication with a 
reference to our conversation at the meeting of 
the cabinet held on Tuesday, the 14th instant. 
In your account of what then occurred, you say 
that after the President had given his version of 
our previous conversations, you stated them 
substantially as given in your letter ; that you 
in nowise admitted the correctness of his state- 
ment of them, "though, to soften the evident 
contradiction my statement gave, I said (allud- 
ing to our first conversation on the subject) the 
President might have understood me in the way 
he said, namely: that I had promised to resign 
if I did not resist the reinstatement. I made uo 
such promise." 

My recollection of what then transpired is 
diametrically the reverse of your narration. la 
the presence of the cabinet I asked you; 

First. If, in a conversation which took place 
shortly after your appointment as Secretary of 
War ad interim, }'ou did not agree either to re- 
main at the head of the War Department and 
abide any judicial proceedings that might follow 
non-concurrence by the Senate in Mr Stanton's 
suspension ; or, should you wish not to become 
involved in such a controversy, to put me in the 
same position with respect to the office as I 
occupied previous to your appointment, by re- 
turning it to me in time to anticipate such action 
by the Senate. This you admitted. 

Second. I then asked you if, at our conference 
on the preceding Saturday, I had not, to avoid 
misunderstanding, requested you to state what 
yon intended to do, and further, if, in reply to 
that inquiry, you had not referred to our former 
conversations, saying that from them I under- 
stood your position, and that your action woul'l 
be consistent with the understanding which h?,d 
been reached. To these questions you also j-s- 
plied in the affirmative. 

Third. I next asked if. at the conclusion si 
our interview on Saturday it was not understood 
that we were to have another conference on 
Monday, before final action by the Senate in 
the case of Mr. Stanton. You replied that 
that such was the understanding, but that you 
did not suppose the Senate would act so soon; 
that on Monday you had been engaged in a 
conference wiih General Sherman, and were 
occupied with "many little matters," and asked 
if General Sherman had not called on that day. 
What relevancy General Sherman s visit to me 
on Monday had with the purpose for which you 
were then to have called, I am at a loss to per- 
ceive, as he certainly did not inform me whether 
you had determined to retain possession oi the 
office, or to afford me an opportunity to appoint 



286 



POLITICAL MANUAL. 



a successor in advance of any attempted rc-in- 
Btatement of Mr. Stanton. 

This account of what passed between us at 
the cabinet meeting on the 14th instant widely 
differs from that contained in your communica- 
tion, for it shows that instead of having "stated 
our conversations as given in the letter," whicli 
has made this reply necessar)', you admitted 
that my recital of them was entirely accurate. 
Sincerely anxious, however, to be correct in my 
Btateinents, 1 iiave to-day read this narration of 
what occurred on the Ikh instant to the mem- 
bers of the cabinet who were then present. 
They, without exception, agree in its accuracy. 

It is only necessary to add that on Wednesday 
morning, the 15th instant, you called on me, in 
company with Lieutenant General Sherman. 
After some preliminary conversation, you re- 
marked that an articlo in the National Intelli- 
gencer of that date did you much injustice. I 
replied that I had not read the Intelligencer of 
that morning. You then first told me that it 
V7as your intention to urge Mr. Stanton to resign 
his office. 

After you had withdrawn, I carefully read the 
article of which you had spoken, and found that 
its statements of the understanding between us 
were substantially correct. On the 17th, I 
caused it to be read to four of the five members 
of the cabinet who were present at our confer- 
ence on the 14th, and they concurred in the 
general accuracy of its statements respecting 
our conversation upon that occasion. 

In reply to your communication, I have 

deemed it proper, in order to prevent further 

misunderstanding, to make this simple recital of 

facts. Very respectfully, yours, 

/>, .. ^ Andiiew Johnson. 

General U. S. Grant, 

Commanding U. S Armies. 

no. 6. — general grant to the president. 
Headq'rs Army of the United States, 
Washington, February 3, 1868. 

SiE: I have the honor to acknowledge the 
receipt of your communication of the 31st ultimo, 
in answer to mine of the 28lh ultimo. After a 
careful reading and comparison of it with the 
article in the National Intelligencer of the 15th 
ultimo, and the article over the initials J. B. S., 
in the New York World of the 27th ultimo, 
purporting to be based upon your statement and 
that of tlie members of your cabinet therein 
named, I find it to be but a reiteration, only 
somewhat more in detail, of the "many and 
gross misrepresentations" contained in these 
articles, and winch my statement of the facts set 
forth in my letter of 28th ultimo wa,s intended 
to correct; and I here reassert the correctness of 
my statements in that letter, anything in yours 
in reply to it to the contrary notwithstanding. 

I confess my surprise that the cabinet officers 
referred to should so greatly misapprehend the 
facts in tlie matter of admissions alleged to have 
been made b)' me at the cabinet meeting of the 
14th ultimo as to suffer their names to be made 
the basis of the charges in the newspaper article 
referred to, or agree in tiie accuracy, as j'ou 
affirm they do, of your account of what occurred 
at that meeting. 



You know that we parted on Saturday, the 
11th ultimo, without any promise on my part, 
either express or implied, to the effect that 1 
would hold on to the office of Secretary of Wai 
ad interim against the action of the Senate, or, 
declining to do so myself, would surrender it to 
you before such action was had, or that I would 
see you again at any fixed time on the subject. 

The performance of the prouises alleged by 
you to nave been made by me would have in- 
volved a resistance to law, and an inconsistency 
with the wliole history of my connection witn 
the suspension of Mr. Stanton. 

From our conversations, and my written pro- 
test of August 1, 1867, against the removal of Mr. 
Stanton, you must have known that m}^ greatest 
objection to his removal or suspension was the 
fear that some one would be appointed in his 
stead who would, by opposition to the laws re- 
lating to the restoration of the southern States 
to their proper relations to the government, em- 
barrass the army in the performance of duties 
especially imposed upon it by these laws ; and 
it was to prevent such an appointment that 1 
accepted the office of Secretary of War ad r?i- 
terim, and not for the jturpose of enabling you 
to get rid of Mr. Stanton by my withholding it 
from him in opposition to law, or not doing so 
myself, surrendering it to one who would, a? 
the statement and assumptions in your commu- 
nication plainly indicate was sought. And it 
was to avoid the same danger, as well as to re 
lieve you from this personal embarrassment in 
which Mr. Stanton's reinstatement would place 
you, that I urged the appointment of Governor 
Cox, believing that it would be agreealjle to 
you and also to Mr. Stanton — satisfied as I was 
that it was the good of the country, and not the 
office, the latter desired. 

On the 15th ultimo, in presence of General Sher- 
man, I stated to you that I thought Mr. Stanton 
would resign, but did not say that I would ad- 
vise him to do so. On the 18th I did agree with 
General Sherman to go and advise him to that 
course, t..id on the 19th I had an interview alone 
with Mr. Stanton, which led me to the conclusion 
that any advice to him of the kind would be use- 
less, and I so informed General Sherman. 

Before I consented to advise Mr. Stanton to 
resign, I understood from him, in a conversation 
on the subject immediately after his reinstate- 
ment, that it was his opinion that the act of 
Congress, entitled " An act temporarily to sup- 
ply vacancies in the executive departments in 
certain cases," approved February 20, 1863, was 
repealed by subsequent legislation, wliich ma- 
terially influenced my action. Previous to this 
time I had had no doubt that the law of 1863 
was still in force, and notwithstanding my 
action, a fuller examination of the law leaves a 
question in ray mind whether it is or is not re- 
pealed. This being the case, I could not now 
advise his resignation, lest the same danger I 
api^rehended on his first removal might fol'ow. 

The course 5"ou would have it understood I 
agreed to pursue was in violation of law, and 
without orders from you ; while the course I did 
pursue, and which I never doubted you fully 
understood, was in accordance with In'w, and 
not in disobedience of any orders of my s iperior. 



CORRESPONDENCE BETWEEN GKANT AND JOHNSON 



287 



And now, Mr. President, when ray honor as 
a soldier and integrity as a man have been so 
violently aspailed, pardon me for saying tliat 
I can but regard this whole matter, from the be- 
ginning to tlie end, as an attempt to involve me 
in the resistance of law, for which you hesitated 
to assume the responsibility in orders, and thus 
to destroy my character before the country. I 
am in a measure conBrmed in this conclusion by 
your recent orders directing me to disobey orders 
from the Secretary of War — my superior and 
your subordinate — without having counter- 
manded his authority to iseue the orders I am 
to disobey. 

With the assurance, Mr. President, that no- 
thing less than a vindication of my personal 
honor and character could have induced this 
correspondence on my part, 

I have the honor to be, very respectfully, 
your obedient servant, U. S. Grant, 

Gejieral. 
His Excellency A. Johnson, 

Fresiderit of the United States. 

no. 7. — the president to general grant. 
Executive Mansion, 

February 10, 1868. 

General : The extraordinary character of 
your letter of the 3d instant would seem to pre- 
clude any reply on my part ; but the manner 
in which publicity has been given to the corres- 
pondence of which that letter forms a part, and 
the grave questions which are involved, induce 
rne to take this mode of giving, as a proper se- 
quel to the communications which have passed 
between us, the statements of the five members 
of the cabinet who were present on the occasion 
of our conversation on the I4th ultimo. Copies 
of the letters, which they have addressed to me 
upon the subject, are accordingly trerewith en- 
closed. 

You speak of my letter of the 31st ultimo as 
a reiteration of the "many and gross misrepre- 
sentations " contained in certain newspaper 
articles, and reassert the correctness of the state- 
ments contained in your communication of the 
28th ultimo, adding — and here I give your own 
■words — "anything in yours in reply to it to the 
contrary notwithstanding." 

When a controversy upon matters of fact 
reaches the point to which this has been brought, 
further assertion or denial between the immedi- 
ate parties should cease, especially where, upon 
either side, it loses the character of tlie respectful 
discussion wliich is required by the relations in 
which the parties stand to eacli other, and de- 
generates in tone and temper. In suoli a case, 
if there is nothing to rely upon but tlie opposing 
statements, conclusions must be drawn from 
those statements alone, and from whatever in- 
trinsic probabilities they afford in favor of or 
against either of the parties. I should not 
shrink from this test in this controversy, but, 
•fortunately, it is not left to this test alone. There 
wert' five cabinet officers present at the conver- 
Bation, the detail of which, in my letter of the 
28th ultimo, you allow yourself to say, contains 
"many and gross misrepresentations." These 
gentlerasn heard that conversation and have 
read m^ statement. They speak for themselves, 



and I leave the proof without u word of com- 
ment. 

I deem it proper, before concluding this com- 
munication, to notice some of the statementa 
contained in your letter. 

You say that a performance of the promises 
alleged to have been made by you to the Presi- 
dent " would have involved a resistance to law, 
and an inconsistency with the whole history of 
my connection with the suspension of Mr. Stan- 
ton." You then state that you had fears the 
President would, on the removal of Mr. Stanton, 
appoint some one in his place who would em- 
barrass the army in carrying out the reconstruc- 
tion acts, and add : 

" It was to prevent such an appointment that I accepted 
the office of Secretary of War ad interim, and not for tlie 
purpose of enabling you to get rid of Mr. Stanton, by my 
witliholding it from Iilm in opposition to law, or not doing 
so myself, surrendering it to one wlio would, as the state- 
ments and assumptions in your communicalion plainly in- 
dicate was sought." 

First of all, you here admit that from the very 
beginningof what you term "the whole history" 
of your connection with Mr. Stanton's suspen- 
sion, you intended to circumvent the President. 
It was to carry out that intent that j^ou accepted 
the appointment. This was in your mind at the 
time of your acceptance. It was not, then, in 
obedience to the order of your superior, as has 
heretofore been supposed, that you assumed the 
duties of the office. You knew it was tlie Pre- 
sident's purpose to prevent Mr. Stanton from re- 
suming the office of Secretary of War, and you 
intended to defeat that purpose. You accepted 
the office, not in the interest of the President, 
but of Mr. Stanton. If this purpose, so enter- 
tained by you, had been confined to yourself — 
if, when accepting the office, you had done so 
with a mental reservation to frustrate the Presi- 
dent — it would have been a tacit deception. In 
the ethics of some persons such a course is allow- 
able. But you cannot stand even upon that 
questionable ground. The " history" of your 
connection witli this transaction, as written by 
yourself, places you in a different predicament, 
and shows that you not only concealed your de- 
sign from the President, but induced him to 
suppose that you would carry out his purpose to 
keep Mr. Stanton out of office, by retaining it 
yourself after an attempted restoration by the 
Senate, so as to require Mr. Stanton to establish 
his right by judicial decision. 

I now give that part of this " history," as 
written by yourself in your letter of the 28th ult.: 

"Sometime after I assumed the duties of Secretary o/ 
War ad interim, tlio President asked me my views as to the 
course Mr. Stanton would have to pursue, in case the Senalo 
should not concur in his suspension, to obtain possession of 
liis oflice. My reply was, in substance, that Mr. Stanton 
would have to appeal to the courts to reinstate him, illus- 
trating my position by citing the ground I bad taken in the 
case of the Baltimore police commissioners." 

Now, at that time, as you admit in j^our letter 
of the 3d instant, you held the office for the 
very object of defeasing an appeal to the courts. 
In that letter you say that in accepting the 
office one motive was to prevent the President 
from appointing some other person who would 
retain possession, and thus make judicial pro- 
ceedings necessary. You knew the President 
was unwilling to trust the ofiice with any on* 
who would not, by holding it, compel Mr. Stau- 



288 



POLITICAL MANUAL. 



ton to resort to the courts. You perfectly un- 
derstood tliat in this interview "sornftime" ai'ter 
you accepted the office, the President, not content 
with your silence, desired an expression of j'our 
views, and you answered him, that Mr. Stanton 
"would have to appeal to the courts " If tlie 
President had reposed confiilence 6c/oreheknew 
your views, and that confidence iiad been vio- 
lated, it niiglit have been said he made a nvis- 
take ; but a violation of contidence reposed after 
that conversation was no mistake of his, nor of 
yours. It is the fact only tiiat needs be stated, 
that at the date of this conversation you did not 
intend to hold the office with the purpose of 
forcing Mr. Stanton into court, but did hold it 
then, and had accepted it, to prevent that course 
from being carried out. In other words, you 
(«aid to the President, " that is the proper course ;" 
and you said to yourself, " I have accepted this 
office, and now hold it, to defeat that course." 
The excuse }'ou make in a subsequent paragraph 
of that letter of the 2(3th ultimo, that afterwards 
you changed your views as to what would be a 
proper course, has nothing to do witli the point 
now under consideration. The point is, that 
before you changed your views you had secretly 
determined to do the very thing which at last 
you did — surrender the office to Mr. Stanton. 
You may have changed your views as to the 
law, but you certainly did not change your views 
as to the course you had marked out for your- 
self from the beg nning. 

I will onh' notice one more statement in your 
letter of the 3d instant — that the performance 
of the promises which it is alleged were made by 
you would have involved you in the resistance 
of law. I know of no statute that would have 
been violated had you — carrying out your prom- 
ises in good faith — tendered your resignation 
when you concluded uot to be made a party in 
any legal proceedings. You add : 

" I am ill u nieiisure confirmed in tliis conclusion by your 
recent orders directing nie to di8ol)ey orders from the Secre- 
tary of War, my superi"r and your suliordinate, witliout 
having countermanded his authority to issue the orders I 
am to disoliey." 

On the 24:th ultimo you addressed a note to 
the President, requesting, in writing, an order, 
given to you verbally five days before, to disre- 
gard orders from Mr. Stanton as Secretary of 
War, until you "knew from the President him- 
self that they were his orders." 

On the 29lh, in compliance with your request, 
I did give you instructions in writing " not to 
obey any order from the War Department as- 
sumed to be issued by the direction of the Presi- 
dent, unless such order is known by the General 
commanding the armies of the United States to 
have been authorized by the Executive." 

Tliere are some orders which a Secretary of 
War may issue without the authority of the 
President ; there are others which he issues sim- 
ply as the agent of the President, and which 
purport to be "by direction" of the President. 
For such orders the President is responsible, and 
he siiould, therefore, know and understand what 
they are before giving such "direction." Mr. 
Stanton states in his letter of the 4th instant, 
which accompanies the published correspond- 
ence, that he "has had no correspondence with 
the President since the 12lh of August last;" 



and lie further sa3-s, that since he resumed the 
duties of the office he lias continued to difcharge 
them "without any personal or written commu- 
nication with the President;" and he adds: 
" No orders have been issued from this Dojiart- 
ment in the name of the President with my 
knowledge, and I have received no orders from 
him." 

It thus seems that Mr. Stanton now discharges 
the duties of the War Department witnout any 
reference to the President, and without using his 
name. My order to you had only reference to 
orders "assumed to be issued by the direction of 
the President." It would appear from Mr. 
Stanton's letter that you have received no such 
orders from him. However, in your note to the 
President of the 30th ultimo, in which you ac- 
knowledge the receipt of the written order of 
the 29th, you say that you have been informed 
by Mr. Stanton that he has not received any 
order limiting his authority to issue orders to the 
army, according to the practice of the Depart- 
ment, and state that " while this authority to the 
War Department is not countermanded, it will 
be satisfactory evidence to me that any orders 
issued from the War Department by direction of 
the President are authorized by the E.xecutive." 

The President issues an order to you to obey 
no order from the War Department, purporting 
to be made "by the direction of the President,' 
until you have referred it to him for his ap- 
proval. You reply that you have received the 
President's order, and will not obey it, but will 
obey an order purporting to be given by his di- 
rection, if it comes from the War Department. 
You will not obey the direct order of the Presi- 
dent, but will obey his indirect order. If, as 
you say, there has been a practice in the War 
Department to issue orders in the name of tho 
President witliout his direction, does not the pre- 
cise order you have requested, and have re- 
ceived, change the practice as to the General of 
the army? Could not the President counter- 
mand any such order issued to you from the War 
Department? If 3fou should receive an order 
from that Department, issued in the name of the 
President, to do a special act, and an order di- 
rectly from the President himself not to do the 
act, is there a doubt which you are to obey? 
You answer the question when you say to the 
President, in your letter of the '3d instant, the 
Secretary of War is " my superior and your 
subordinate;" and yet you refuse obedience to 
the superior out of deference to the subordinate. 

Without further comment upon tlie insubor 
dinate attitude v/hich you have assumed, I am 
at a loss to know how you can relieve yourself 
from obedience to the orders of the President, 
who is made by the Constitution the Corarnander- 
in-Chief of the army and navy, and is, there- 
fore, the official superior, as well of the Gen- 
eral of the army as of the Secretary of War. 

Respectfully, yours, Andrew JonssoN. 

General U. S. Grant, Commanding Armies of the 

United States, Washington, D. C. 

Copy of a letter addressed to each of the mem- 
bers of the cabinet present at the conversation 
between tho President and General Grant on the 
".4th of January, 18G8: 



CORRESPONDENCE BETWEEN GRANT AND JOHNSON. 



289 



Executive Mansion, 
Washington, D. C, February 5, 1868. 
Sir; The Chronicle of tliis morning contains 
a correspondence between the President and Gen- 
eral Grant, reported from the War Department, 
in answer to a resolution of the House of Rep- 
resentatives. I beg to call your attention to 
that correspondence, and especially to that part 
of it which refers to the conversation between 
the President and General Grant at the cabinet 
meeting on the I4th of January, and to request 
you to state what was said in that conversation. 
Very respectfully, yours, 

Andrew Johnson. 

letter of the secretary of the navy. 
Washington, D. C., February 5, 1868. 
Sir : Your note of this date was handed to me 
this evening. My recollection of the conversa- 
tion at the cabinet meeting on Tuesday, the 14th 
of January, corresponds with your statement of 
it in the letter of the 31st ultimo, in the pub- 
lished correspondence. The three points speci- 
fied in that letter, giving your recollection of the 
conversation, are correctly stated. 
Very respectfully, 

Gideon Welles. 
To the President. 

letter of the secretary of the treasury. 
Treasury Department, 

February 6, 1868. 

SiB: I have received your note of the 5th 
inst., calling my attention to the correspondence 
between yourself and General Grant, as pub- 
lished in the Chronicle of yesterday, especially 
to that part of it which relates to what occurred 
at the cabinet meeting on Tuesday, the 14th 
ultimo, and requesting me to state what was said 
in the conversation referred to. 

I cannot undertake to state the precise lan- 
guage used; but I have no liesitatioa in saying 
that, your account of that conversation, as given 
in your letter to General Grant under date of 
the 31st ultimo, substantially and in all imiiort- 
ant particulars, accorded with my recollection 
of it. 

With great respect, your obedient servant, 
Hugh MoCulloch. 

The President. 

letter of the postmaster general. 
Post Office Department, 
Washington, February 6, 1868. 
Sir: I am in receipt of your letter of the 5th 
February, calling my attention to the correspond- 
ence published in the Chronicle, between the 
President and General Grant, and especially to 
that part of it which refers to the conversation 
betv/een the President and General Grant at the 
cabinet meeting on Tuesday, the I4th of Janu- 
ary, with a request that I "state what was said 
in that conversation." 

In reoly, I have the honor to state that I have 
lead carefully the correspondence in question, 
and particularly the letter of the President to 
General Grant, dated January 31, 1868. The 
following extract from your letter of the 31st of 
January to General Grant, is, according to my 
19 



recollection, a correct statement of the conver- 
sation that took place between the President and 
General Grant at the cabinet meeting on the 
14th of January last. In the presence of the 
cabinet, the President asked General Grant 
whether, "in a conversation which took place 
after his appointment as Secretar}' of War ad 
interim, he did not agree either to remain at the 
head of the War Department and abide any ju- 
dicial proceedings that might follow the non- 
concurrence by the Senate in Mr. Stanton's sus- 
pension ; or, should he wish not to become in- 
volved in such a controversy, to put the Presi- 
dent in the same position with respect to the 
office as he occupied previous to General Grant's 
appointment, by returning it to the President 
in time to anticipate such action by the Senate. 

This General Grant admitted. 

The President then asked General Grant if, 
at the conference on the preceding Saturday, he 
had not, to avoid misunderstanding, requested 
General Grant to state what he intended to do; 
and, further, if in reyily to that inquiry he. Gen- 
eral Grant, had not referred to their former 
conversations, saying that from them the Presi- 
dent understood his position, and that his (Gen- 
eral Grant's) action would be consistent with 
the understanding which had been reached. 

To these questions General Grant replied in 
the affirmative. 

The President asked General Grant, if, at the 
conclusion of their interview on Saturday, it 
was not understood that they were to have 
another conference on Monday, before final 
action by the Senate in the caso of Mr. Stanton. 

General Grant replied that such was the un- 
derstanding, but that he did not suppose the 
Senate would act so soon ; that on Monday, he 
had been engaged in a conference with General 
Sherman, and was occupied with " many little 
matter^," and asked if " General Sherman had 
not called on that day." 

I take this mode of complying with the re- 
quest contained in the President's letter to me, 
because my attention had been called to the 
subject before, when the conversation between 
the President and General Grant was under con- 
sideration. 

Very respectfully, your obedient servant, 
Alex. W. Randall, 

Postmaster General. 

To the President. 

letter of the secretary of the interior. 
Department of the Interior, 
Washington, D. C, February 0, 1868. 

Sib : I am in receipt of yours of yesterday, 
calling my attention to a correspondence be- 
tween 5'ourself and General Grant, published in 
the Chronicle newspaper, and especially to that 
part of said correspondence "which refers to the 
conversation between the President and General 
Grant at the cabinet meetin.g on Tuesday, the 
I4th of January," and requesting me " to state 
what was said in that conversation." 

In reply, I submit the following statement: 
At the cabinet meeting on Tuesday, the I4th of 
January, 1868, General Grant appeared and took 
his accustomed seat at the Board. When he 
had been reached in the order of business, the 



290 



POLITICAL MANUAL. 



President asked him, as usual, if he had any- 
tiling to pre'^ent. 

In reply, the General, after referring to a note 
.which he had that morninij addressed to the 
President, enclosing a copy of llie resolution of 
the Senate refusing to concur in the rea-^ons for 
tiie suspension of Mr. Stanton, proceeded to 
saj' that he regarded his duties as ^secretary of 
\\'ar ad interim terminated by that resolution, 
and that he could not lawfully exercise such 
duties for a moment after the ado[ition of the 
resolution by the Senate; that the resolution 
reached him last night, and that this morning 
he had gone to the War Department, entered 
the Secretary's room, bolted one door on the 
iii«ide, locked the other on the outside, de- 
livered the key to the Adjutant General, and 
proceeded to the headquarters of the army, and 
addressed the no'.e above mentioned to the Pres- 
ident, informing him that he (General Grant) 
was no longer Secretary of War ad interim. 

The President expressed great surprise at the 
course which General Grant had thought proper 
to pursue, and, addressing himself to the General, 
proceeded to say, in substance, that he had an- 
ticipated such action on the part of the Senate, 
and being very desirous to have the constitu- 
tionality of the tenure-of-ofEce bill tested, and 
his right to suspend or remove a member of the 
cabinet decided by the judicial tribunals of the 
country, he had some time ago, and shortly after 
General Grant's appointment as Secretary of 
War ad interim, asked the General what his 
action would be in the event that the Senate 
phould refu'^e to concur in the suspension of Mr. 
Stanton, and that the General had then agreed 
either to remain at the head of the War Depart- 
ment till a decision could be obtained from the 
court, or resign the office into the hands of the 
President before the case was acted upon by the 
Senate, so as to place the President in the same 
situation he occupied at the time of his (Grant's) 
appointment. 

"The President further said that the conversa- 
tion was renewed on the preceding Saturday, at 
which time he asked the General what he in- 
tended to do if the Senate should undertake to 
reinstate Mr. Stanton; in reply to which the 
General referred to their former conversation 
upon the same subject, and said you understand 
my position, and my conduct will be conformable 
to that understanding; that ho (the General) 
then expressed a repugnance to being made a 
partv to a judicial proceeding, sajnng, that he 
would expose himself to fine and imprisonment 
by doing so, as his continuing to discharge the 
duties of Secretary of War ad interim, after the 
Senate should have refused to concur in the sus- 
pension of Mr. Stanton, would be a violation of 
the tenure-of office bill ; that in rejdy to this he 
(the President) informed General Grant he had 
not suspended Mr. Stanton under the tenureof- 
office bill, but by virtue of the powers conferred 
on him by the Constitution; and that as to tiie 
fine and imprisonment, he (the President) would 
]>ay whatever fine was imposed, and submit to 
whatever imprisonment might be adjudged 
against him, (the General ;) tiiat they continufd 
the conversation for some time, discussing the 
law at length ; and that they finally separated, 



without having reached a definite conclusion, 
an<l with the understanding that the Gt-neral 
would see the President, again on Monday. 

Ill reply. General Grant admitted that the 
conversations had occurred, and said that at the 
first conversation he iiad s^iven it as his opinion 
to the President, that in the event of non con- 
currence by the Senate in the action of the 
President in respect to the Secretary of War, the 
question would have to be decided by the court ; 
tliat Mr. Stanton would have to appeal to the 
court to reinstate him in office; that the inn 
would remain in till the}' could be displaced, and 
the Olds put La by legal proceedings; and that 
he then thought so, and had agreed that if he 
should change his mind, he would notify the 
President in time to enable him to make another 
appointment; but tiiat at the time of the first 
conversation he had not looked verycloselj' into 
the law — that it had recently been discussed by 
the newspapers, and that this had induced him 
to examine it more carefully, and th.at lie bad 
come to the conclusion that if the Senate should 
refuse to concur in the suspension, Mr. Stanton 
would thereby be reinstated, and tiiat he (Grant) 
could not continue thereafter to act as Secretary 
of War ad interim without subjecting himself to 
fine and imprisonment, and that he carne over 
on Saturday to inform the President of this 
change in his views, and did so inform him ; that 
the President replied that he had not suspended 
Mr. Stanton under the tenure of-office bill, but 
under the Constitution, and had appointed him 
(Grant) by virtue of tlie authority derived from 
the Constitution, &c.; that they continued to 
discuss the matter some time, and, finally, he left 
without any conclusion having been reached, 
expecting to see the President again on Mondaj'. 
He then proceeded to explain why he bad not 
called on the President on Monday, saying that 
he had had a long interview with (leneral Sher- 
man, that various little matters had occupied his 
time till it was late, and that he did not think 
the Senate would act so soon, and asked : " Did 
not General Sherman call on you on Monday?" 

I do not know what passed between the Presi- 
dent and General Grant on Saturday, except as I 
learned it from the conversation between them 
at the cabinet meeting on Tuesday, and the fore- 
going is substantially what then occurred The 
[irecise words used on the occasion are not, of 
course, given exactly in the order in which they 
were spoken, but the ideas expressed and the 
facts stated are faithfully preserved and pre- 
sented. 

I have the honor to be, sir, with great respect, 
your obedient servant, 0. H. Browning. 

The President. 

letter of the secretary of state. 
Department of State, 
Washington, Fchrnary 6, 18G8. 
Sir: The meeting to which you refer in your 
letter was a regular cabinet meeting. While the 
members were assembling, and befc.re the Presi- 
dent had entered the council chamber. General 
Grant, on coming in, said to me that he was in 
attendance there not as a member of the cabinet, 
but upon invitation, and I replied hv tlie inquiry 
whether there was a change in the War Depart- 



CORUESPONDENCE BETWEEN GRANT AND JOHNSON. 



291 



ment. After the Pret^ident L.ad taken his seat 
business went on in the usual way of hearing 
matters submitted by the several secretaries. 
When the time came for llie Secretary of War, 
General Grant said that lie was now there, notas 
Secretary of War, but (ipon the President's invi- 
tation ; tliat he hiid retired from the War De- 
partment. A sligh tdili'eience then appeared about 
the supposed invitation. General Grant saying 
that the officer who bad borne his letter to the 
President that morning, announcing his retire- 
ment from the War Department, had told him 
that the President desired to see him at the cab- 
inet; to wliich the President answered, that 
when General Grant's communication was de- 
livered to him, the President simply replied that 
he supposed General Grant would be very soon 
at the cabinet meeting. I regarded the conver- 
sation thus begun as an incidental one. It went 
on quite informally, and consisted of a statement 
on your part of your views in regard to the un- 
derstanding of the tetuire upon which General 
Grant had assented to hold the War Department 
ad interim^ and of his replies by way of answer 
and explanation. It was respeci^ful and courteous 
on both sides. Being in this conversational 
form, its details could only lia.ve been preserved 
by verbatim report. So far as I know, no such 
report was made at the time. I can only give 
the general effect of the conversation. Certainly 
you stated that although you had reported the 
reasons for Mr. Stanton's suspension to the Sen- 
ate, you nevertheless held that he would not be 
entitled to resume the office of Secretarj^ of War, 
even if the Senate sliould disapprove of his sus- 
pension, and that you had proposed to have the 
question tested by judicial process, to be applied 
to the person who should be the incumbent of 
the Department, under your designation of Sec- 
rectary of War ad interim, in the place of Mr. 
Stanton. You contended that this was well un- 
derstood between yourself and General Grant ; 
that when he entered the War Department as 
Secretary ad interim, he expressed his concur- 
rence in the belief that the question of Mr. Stan- 
ton's restoration would be a question for the 
courts; that in a sulisequent conversation with 
General Grant you had adverted to the under- 
standing thus had, and that General Grant ex- 
pressed his concurrence in it ; that at some con- 
versation which ha<l been previously held General 
Grant said he still adhered to the same construc- 
tion of the law, but said if he should change his 
opinion lie would give you seasonable notice of 
!t, so that you should, in any case, be placed in 
the same position in regard to tlie War Depart- 
ment that 3'ou were while General Grant held it 
ad interim. I did not understand General Grant 
AS denying, nor as explicitly admitting these 
statensents in the form and full extent to which 
you made them. His admission of them was 
rather i»ii<lire<;t and circumstantial, though I did 
not understand it to be an evasive one. He said 
that reasoning from what occurred in the case of 
the police in Maryland, which he regarded as a 
parallel one, he was of opinion, and so assured 
3'ou, that it woulo be his right and duty, under 
your instructions, to hold the War Office after 



the Senate should disapprove of Mr. Stanton's 
suspension, until the question should be decided 
upon by the courts; tliat he remained until very 
recently of that opinion, and that on the Satur- 
day before the cabinet meeting a conversation 
was held between yourself and him, in which the 
subject was generally discussed. General Grant's 
statement v/as, that in that conversation he had 
stated to j'ou the legal difficulties which might 
arise, involving fine and imprisonment under the 
civil-tenure bill, and that he did not care to sub- 
ject himself to tliose penalties; that you replied 
to this remark that j^ou regarded the civil-tenure 
bill as unconstitutional, and did not think its 
penalties were to be feared, or that you would 
voluntarily assume them ; and you insisted that 
General Grant should either retain the office un- 
til relieved by yourself, according to what you 
claimed was the original understanding between 
yourself and him, or, by seasonable notice of 
change of purpose on his part, put you in the 
same situation in which you would be if he ad- 
hered You claimed that General Grant finally 
said in that Saturday's conversation that you 
understood his views, and his proceedings there- 
after would be consistent with what had been so 
understood. General Grant did not controvert, 
nor can I say that he admitted this last statement. 
Certainly General Grant did not at any tiroo in 
the cabinet meeting insist that he had, in the 
Saturday's conversation, either distinctly or 
finally advised you of his determination to retire 
from the charge of the War Department other- 
wise than under your own subsequent direction. 
He acquiesced in your statement that the Satur- 
day's conversation ended with an expectation 
that there would be a subsequent conference on 
the subject, which he, as well as yourself, sup- 
posed could seasonably take place on Monday. 
You then alluded to the fact that General Grant 
did not call upon you on Mondaj'^, as j'ou had 
expected from that conversation. General Grant 
admitted that it was his expectation or purpose 
to call upon you on Monday. General Grant 
assigned reasons for the omission. He said he 
was in conference with General Sherman ; that 
there were many little matters to be attended 
to; he had conversed upon the matter of the in- 
cumbency of the War Department with General 
Sherman, and he expected that General Sher- 
man would call upon you on Monday. My own 
mind suggested a further explanation ; but I do 
not remember whether it was mentioned or not, 
namely: that it was not supf)Osed by General 
Grant on Monday that the Senate would decide 
the question eo promptly as to anticipate further 
explanation between yor-jself and him, if delayed 
beyond that day. General Grant made another 
explanation, that he was engaged on Sunday 
with General Sherman, and I thinlc also on 
Monday, in regard to the War Departmet t mat- 
ter, with a hope, though he did not say in an 
effort, to procure an amicable settlement of the 
affair of Mr. Stanton, and he still hoped that it 
would be brought about. 

I have the honor to be, with great respect, your 
obedrant servant, William H. Sewabd. 

To the Peesident. 



292 



POLITICAL MANUAL. 



8. — ge.veral gra>'t to tiik prksident. ' 
Headql''r3 Army of the Uxited States, 
Washington, D.Cia'irwary 11, 1868. 
His Excellency A. Johnson, 

President of the United States. 

Sir: I have the honor to acknowledge the re- 
ceipt of your communication of the 10th instant, 
accompanied by statements of five cabinet min- 
isters, of their recollection of what occured in 
cabinet meeting on the I4th of January. With- 
out admitting any thing in these statements wliei-e 
they diffr from anything heretofore stated by 
me, I propose to notice only that portion of your 
communication wherein I am chai'ged with in- 
subordination. I think it will be [>lain to the 
reader of my letter of the 30th of January, that 
I did not propose to disobey any legal order of 
the President, distinctly given ; but only gave 
an interpretation of what would be regarded as 
eatisfactory evidence of the President's sanction 
to orders communicated by tiie Secretary of War. 
I will say liere that your letter of tiie 10th in- 
stant contains the first intimation I have had 
that you did not accept that interpretation. 

Now, for reasons for giving that interpreta- 
tion : It was clear to me, before my letter of 
January 30th was written, that I, the person 
having more public business to transact with 
the Secretary of War than any other of the 
President's subordinates, was the only one who 
had been instructed to disregard the authority 
of Mr. Stanton where his authority was derived 
as agent of the President. 

On the 27th of January I received a letter from 
the Secretary of War, (copy herewith,) directing 
me to furnish escort to public treasure from tlie 
Pvio Grande to New Orleans, &c., at the request 
of the Secretary of the Treasury to iiim. I also 
send two other enclosures, showing recognition 
of Mr. Stanton as Secretary of War by both the 
Secretary of the Treasury and the Postmaster 
General, in all of which cases the Secretary of 
War had to call upon me to make the orders re- 
quested, or give the information desired, and 
where his authority to do so is derived, in my 
view, as agent of the President. 

With an order so clearlv ambiguous as that of 
the President, here referred to, it was my iluty 
to inform the President of my interpretation of 
it, and to abide by tliat interpretation until I 
received other orders. 

Dischiiming finy intention, now or heretofore, 
of disobeying any legal order of the President, 
distinctly communicated, I remain, very respect- 
fully, your obedient servant, 

U. S. Grant, Oeneral. 

tetteb of secretary stanton. 

War Department, 
Washington Citt, January 27, 1868. 
General: The Secretary of the Treasury has 
requested this department to afford A. F. Ran- 
dall, special agent of the Treasury Department, 
Buch military aid as may be necessary to secure 
and forward for deposit from Brownsville, 
Texas, to New Orleans, public moneys in pos- 
session of custom-house officers at Brownsville, 
and which are deemed insecure at that place. 
You will please give such directions as you 



may deem proper to the officer commanding at 
Brownsville to carry into effect the request of 
the Trenswry Department, the instructions to bo 
sent by telegraph to Galveston, to the care of 
A F.Randall, special agent, who is at Galveston 
waiting telegra[iliic orders, there being no tele- 
grapliic communication with Brownsville, an(i 
the necessity for military protection to thft pub- 
lic moneys being represented as urgent. 

Please favor me with a copy of such instruc- 
tions as you may give, in order that they may 
be commimicated to the Secretary of the Trea- 
sury. Yours, truly, 

Edwin M. Stanton, 

Secretary of War. 

To General U. S. Grant, 

Commanding Army United States. 

letter or secretary m'culloch. 

Treasury Department, 

January 29, 1868. 
SiB: It is represented to this department that 
a band of robbers has obtained such a foothold 
in the section of country between Humboldt 
and Lawrence, Kansas, committing depreda- 
tions upon travellers, both by public and pri- 
vate conveyance, that the safety of the public 
money collected by the receiver of the land 
office at Humboldt requires that it should be 
guarded during its transit from Humboldt to 
Lawrence. I have, therefore, the honor to re- 
quest that the p)roper commanding officer of the 
district may be instructed by the War Depart- 
ment, if in the opinion of the Hon. Secretary 
of War it can be done without prejudice to the 
public interests, to furnish a sufficient military 
guard to protect such moneys as may be in 
transitu from the above office for the yuirpose of 
being deposited to the credit of the Treasury of 
the United States. As far as we are now ad- 
vised, such servii'e will not be necessary oftener 
than once a month. Will you please advise me 
of the action taken, that I may instruct the 
receiver and the Commissioner of the General 
Land Office in the matter. 

Very respectfully, yo.ir obedient servant, 

H. iMcCuLLOCH, 
Secretary of the Treasury. 
To the Hon. Secretary of War. 
Respectfully referred to the General of the 
army to give the necessary orders in this case, 
and to furnish this department a copy for the 
information of the Secretary of the Treasury. 
By order of the Secretary of War. 

Ed. Schriver, Inspector General. 

letter of the second assistant postmasteb 
general 
Post Office Department, 
Contract Office, 
Washington, February 3, 1866. 
SiB: It has been rej resented to this depart- 
ment that in (Jctober last a military commission 
was appoiiited to settle upon some general [ilan 
of defence for the Texas frontiers, and that the 
said commission has made a report recommend- 
ing a lino of posts from the Rio Grande to the 
Red river. 

An application is now pending in this depart- 



LETTERS, PAPERS, TESTIMONY, ETC. 



293 



xaent for a change ia the course of the San An- 
tonio and El Paso mail, so as to send it by way 
of Forts Mason, Griffin, and Stockton, instead 
of by camps Hudson and Lancaster. This 
application requires immediate decision, but be- 
fore final action can be had thereon it is desired 
to have some official information as to the report 
of the commission above referred to. 

Accordingly, I hare the honor to request that 
you will cause this department to be furnished, 



as early as possible, with the information de- 
sired in. the premises, and also with a copy of 
the report, if any has been made by the com- 
mission. Very respectful! j', &c. , &c., 
George W. McLellan, 
Second Assista7it Postmaster General. 
The Honorable tlie Secretary of War. 

Beferred to the General of the army for report. 

Edwik M. Stanton, 
Febedary 3, 1868. Secretary of War. 



XXVI. 



LETTERS, PAPERS, TESTIMONY, POLITICO-MILITARY ORDERS, 

AND REPORT OF GENERAL GRANT.* 



General Grant's Orders respecting Slaves, 
issued in the Field. 

Headquarters D;st. of West Tennessee, 
Fort Donelson, February 26, 1862. 
General Orders, No. 14. s 

I. General Order No. 3, series 1861, from 
headquarters department of the Missouri, is 
Btill in force and rausi be observed. The neces- 
sity of its strict enforcement is made apparent 
by the numerous applications from citizens for 
permissson to pass through the camps to look for 
fugitive slaves. In no case whatever will per- 
mission be granted to citizens for this purpose. 

II. All slaves at Fort Donelson at the time of 
its capture, and all slaves within tlie line of 
military occupation tliat have been used by the 
enemy in building fortifications, or in any man- 
ner hostile to the Government, will be employed 
by the quartermaster's department for the bene- 
fit of the Government, and will under no circum- 
stances be permitted to return to their masters. 

III. It is made the duty of all officers of this 
command to see that all slaves above indicated 
are promptly delivered to the chief quartermaster 
of the district. 

By order of Brig. Gen. U. S. Grant. 

Jno. a. Rawlins, A. A. O. 

Headquarters Dist. of West Tennessee, 
Corinth, Miss., August 11, 1862. 

General Orders, No 72. 

Recent acts of Congress prohibit the army 
from returning fugitives from labor to their 
claimants, and authorize the employment of 
such persons in the service of the Government. 
The following orders are therefore published for 
the guidance of the army in this military district 
in this matter. 

I. All fugitives thus employed must be regis- 
tered, the names of the fugitives and claimants 
given, and must be borne upon morning reports 
of the command in which they are kept, showing 
how they are employed. 



* For other papers of Genenil Grant, seo pages 67, fi8, 120, 
121,122, 123 of the Manual of 1866, and 73, 74, and 78 of the 
Manual of 1867 ; or 67, 68, 120, 121, 122, 123, 199, 200, and 
204 of the combiaed Manuals. 



II. Fugitive slaves may be employed as labor- 
ers in the quartermaster's, subsistence, and en- 
gineer departments, and wherever by such em- 
ployment a soldier may be saved to the ranks. 
They may be employed as teamsters, as com- 
pany cooks (not exceeding four to a company,) 
or as hospital attendants or nurses. Officers may 
employ them as private servants, in which latter 
case the fugitive will not be paid or rationed by 
theGovernment. Negroes not thus employed will 
be deemed unauthorized persons, and must be 
excluded from the camps. 

III. Officers and soldiers are prohibited from 
enticing slaves to leave their masters. When it 
becomes necessary to employ this kind of labor, 
commanding officers of posts or troops must 
send details (always under the charge of a suita- 
ble non-commissioned officer) to press into service 
the slaves of disloyal persons to the number 
required. 

IV. Citizens within the reach of any military 
station, known to be disloj'al and dangerous, 
may be ordered away or arrested, and their 
crops and stocks taken for the benefit of the 
Government or the use of the army. 

V. All property taken from rebel owners 
must be duly reported and used for the benefit 
of Government, and be issued to troops through 
the proper departments, and, when practicable, 
the act of taking should be avowed by the writ- 
ten certificate of the officer taking, to the owner 
or agent of such property. 

It is enjoined on all commanding officers to 
see that this order is strictly executed. The de- 
moralization of troops consequent on being left 
to execute laws in their own way, without a 
proper head, must be avoided. 

By order of Maj. Gen. U. S. Grant. 

Jno. a. Rawlins, A. A. Q. 

Headquarters Depart, of the Tennessee, 
Milliken's Bend, La., April 22, 1863. 

General Orders, No. 25. [Extract.] 

I. Corps, division, and post commanders will 
afford all facilities for the completion of the 
negro regiments now organizing in this depart- 
ment. Commissaries will issue supplies and 



294 



POLITICAL MANUAL. 



quartermasters will furnish stores on the same 
requisitions and returns as are required from 
other troops. 

It is expected that all cf)mnianders will espe- 
cially exeit tliemselvesin eaiiyiug out ihejiolicy 
of the administration, not only in organizing col- 
ored regiments and rendering tiieni efficient, but 
also in removing prejudice again'^t tliein. * * 

By order of iM;.j. Uen. U S. Gkaxt. 

Jno. a. Rawlins, A. A. G. 

Headquarters Depaut. of the Tennessee, 
ViCKSBUEO, Miss., August 10, 1863. 
Genenil Orders, No. 51. 

I. At all militnry posts in Slates within the 
department where slavery has been abolished 
by the proclamation of the rre.'^ident of the 
United Statt-s, camps will be established for such 
freed ]ipii])k' of color as are out of employment. 

II. Commanders of posts or districts will de- 
tail suitable ofSceis from the army as siipeiin- 
teudents of such cauiiis. It will be the duty of 
such superintendents to see that suitable rations 
are drawn from the subsistence department for 
such people as are confided to their care. 

III. All such per.-ons supported by the Gov- 
ernment will be employed in every practicable 
way, so as to avoid, as far as possible, their be- 
coming a burden upon the Government. They 
laav be hired to planters, or other citizens, on 
proper assurances that liie negroes so hired will 
not be run off beyond the military jurisdiction 
of the United Stales ; they niay be emploj'ed on 
any public works ; in gathering crops from 
abandoned ]ilantations ; and generally in any 
manner local commnnders ma}' deem for the best 
interests of the Government, in compliance with 
law and the policy of the admiuisLration. 

IV. It will be the duty of the ])rovost mar- 
shal at every military post to see that every 
negro within the jurisdiction of the military 
authority is era|doyed by some white person, or 
is sent to the camps provided for freed people. 

V. Citizens may make contracts with freed 
persons of color for their labor, giving wages 
per month in money, or employ families of them 
by the year on plantations. &c., feeding, cloth- 
ing, and supporting the infirm as well as the 
able-bodied, and giving a portion — not less than 
one-tvvfcutieth — of the commercial part of their 
crofis in payment for such service. 

VI. Where the negroes are employed under 
this auihorii}', the parties employing will register 
with the provost marshal their names, occupa- 
tion, and residence, and the number of negroes 
employed. They will enter into such bonds as 
the provost marshal, with the approval of the 
local commander, may require, for the kind 
treatment and jirofier care of those employed, 
and as security ;igainst their being carried be 
yond the employer's jurisdiction. 

VII. Nothing in this order is to be construed 
to embarrass the employment of such colored 
persons as rnay be required by the Government. 

By order of Major General U. S. Grant, 

T. S. Bowers, A.A.A.G. 

Headquarters Depart, of tue Tennessee, 
ViCKSBURG, Miss., August 23, 1863. 

General Orders, No. W. 

I. Hereafter, negroes will not be allowed in 



I or about the camps of white troops, except such 
I as are proj)erly employed and controlled. 

II. They may be employed in the quarter- 
master's department, subsistence department, 
medical department, as hospital nurses and laun- 
dresses, in the engineer department as pioneers. 
As far as practicable, sucii as have been or may 
be rejected as recruits for colored regiments by 
the examining surgeon will be employed about 
hospitals and in pioneer corps. 

III. In regiments and companies they may be 
employed as follows : One cook to each fifteen 
men. and one teamster to each wagon. Officers 
may employ them as servants, but not in greater 
number than they are entitled to commutation 
for. 

IV. Commanders of regiments and detach- 
ments svill see that all negroes in or about their 
respective camps, not employed as provided in 
this order, are collected ami turned over to the 
provost marshal of the division, post, or army 
corps to which tUeir regiment or detachment 
belong'^. 

V. Provost marshals will keep all negroes 
thus coming into tlieir iiands from straggling and 
wandering about until they can be y>ut in charge 
of the superintendent of the camp for colored 
people nearest them ; and all negroes unem- 
ployed, in accordance with this or previous 
orders, not in and about camps of regiments and 
detachments, will be required to go into the 
camy>s established for negroes, and it is enjoined 
upon provost marshals to see that they do so. 

VI. Recruiting for colored regiments in negro 
camps will be prohibited, except when special 
authority to do so is given. 

VII. All able bodied negro men who are 
found, ten days after publication of this order, 
without a certificate of the officer or person em- 
ploying them, will be regarded as unemployed, 
and may he pressed into service. Certificates 
given to negroes must siiow how, when, and by 
whom tliey are employed, and if as officers' ser- 
vants, that the officer employing them has not 
a greater number than by law he is entitled to 
commutation for. 

By order of Major General U. S. Grant. 

Jno. a. Rawlins, A. A. O. 

Letter on Slavery and Reconstruction. 

ViCKSBURG, Mississippi, 

August 30, 1863. 
Hon. E. B. Washburne. 

Dear Sir: * * * The people of 
the North need not quarrel over the institution 
of slavery. What Vice President Stejihens 
acknowledges the corner-stone of the Confed- 
eracy is already knocked out. Slavery is already 
dead, and cannot be resurrected. It would take 
a standing army to maintain slavery in the 
South, if we were to make peace to-ilay, guaran- 
teeing to the South all fiieir former constitutional 
jirivileges. I never was an abolitionist, not even 
what could be called anti-slavery; but I try to 
judge fairly and honestly, and it became patent 
to my mind early in the rebellion that the North 
and South could never live at peace with each 
otl^er except as one nation, and that without 
slavery. As anxious as I am to see peace estab- 
lished, I would not, therefore, be willing to see 



LETTERS, PAPERS, TESTIMONY, ETC. 



295 



any settlement until this question is forever 
•.»ttled. Your sincere triend, 

U. S. Grant. 

On being a Candidate for Political Office. 

Nashvillk, Tennessee, 

January 20, 1864. 
Hon. I. N. Morris. 

Dear Sir: Your letter of the 29th of Decem- 
ber I did not receive until two da3's ago. I re- 
ceive many such, but do not. answer. Yours, 
however, is written in such a kindly syjirit, and 
as you ask for an answer, confidentialh', I will 
not withhold it. Allow me to say, however, that 
I am not a politician, never was, and hope never 
to be, and could not write a political letter. My 
only desire is to serve the countrv in her present 
trials. To do tliis efficiently it is necessary to 
have the confidence of the army and the people. 
I know no way to better secuie this end than by 
a faithful performance of my duties. So long as 
I hold my present fiosition, 1 do not believe that 
I have the riglit to criticize the policy or orders 
of those above me, or to give utterance to views 
of my own e.xcept to the authorities at Washing- 
ton, through the General in-Cliief of the army. 
In this resyiect, I know I have proven myself a 
" good soldier." 

In your letter you say that I have it in my 
power to be the next President. This is the last 
thing in tlie world I desire. I would regard such 
a consummation as being highlj^ unfortunate for 
myself, if not for the country. Tlirough Provi- 
dence I iiave attained to more than I ever hoped, 
and with the position I now hold in the regular 
army, if allowed to retain it, will be more than 
satisfied. I certainly shall never shafie a senti- 
ment, or the expression of a thought, with a view 
of being candidate for office. 1 scarcely know 
the inducement that could bo held out to me to 
accept office, and unhesitatingly say that I in- 
finitely prefer my present position to that of any 
civil office within the gift of the people. 

Tliis is a private letter to you, not intended 
for others to see or read, because I want to avoid 
being heard from by the public exce{it through 
acts in the performance of my legitimate duties. 

I have the honor to be, very respectfully, your 
obedient servant, U. S. Grant. 

On Results of " Peace on any Terms." 

Headq'rs Armies of the United States, 
Ctty Point, Va., August 16, 1864. 
Hon. E. B. Washbitrne. 

Dear S:r : I state to all citizens who visit me 
that all we want now to insure an early restor- 
ation of the Union, is a determined unity of 
sentiment North. The rebels have now in their 
ranks their last man. The little boys and old 
men are guarding prisons, guarding railroad 
bridges, and forming a good part of their gar- 
risons for entrenched positions. 

A man lost by them cannot be replaced. They 
have robbed alike the cradle and the grave to 
get their present force. Besides what they lose 
in frequent skirmishes and battles, they are now 
losing, from desertions and other causes at least 
one regiment per day. With this drain upon 
them the end is not far distant if we will only 
ba true to ourselves. Their only hope now is in 



a divided Nortli. This miglit give them rein- 
forcements from T(>tin"'ssee, Kentucky, Alary- 
land, and Missouri, while it would weaken us. 
With the dr;ift quietly enforced, the enemv 
would become despondent and would make but 
little resistance. 

I have no doubt but the enemy are exceed- 
ingly anxious to hold out until after the Presi- 
dential election. They have man}' hopes from 
its effects. They hope a counter revolution; 
they hope the election of a ]ieace candidate; in 
fact, like Micawber, they hope for something to 
turn up. Our jieace friends, if they ex[)ect [leace 
from separation, are much mistaken. It would 
be but the beginning of war, with thousands of 
northern men joining the South, because of our 
disgracein allowingseparation. To have "peace 
on any terms," the South would demand the 
restoration of their slaves already freed. They 
would demand indemnity for losses sustained, 
and they would demand a treaty which would 
make the North slave-hunters for the South. 
Tliey would demand pay or the restoration of 
every slave escaping to the North. 

Yours, truly, U. S. Grant. 

On Filling the Armies. 

City Point, September 13. 1864, 

10.30, a. m. 
Hon. Edwin M. Stanton, Secretary of War. 

We ought to have the whole number of men 
called for by the President in the shortest possi- 
ble time. Prompt action in filling our armies 
will have more effect upon the enemy than a 
victory over them. They profess to believe, and 
make their men believe, there is such a party 
North in favor of recognizing southern independ- 
ence, that the draft cannot be enforced. Let 
them be undeceived. Deserters come into our 
lines daily, who tell us that the men are nearly 
uiiiversallj' tired of the war. and that ilesertions 
would be much more frequent, but that they be- 
lieve peace will be negotiated after the fall elec- 
tion. 

The enforcement of the draft and prompt filling 
up of our arrnie.*! will save the shedding of blood 
to an immense degree. 

U. S. Grant, Lieutenant General. 

On Protecting Colored Soldiers. 

Headq'rs Armies of the United States, 
October 29, 1864. 
General R. E. Lee, C. S. A., 

Commandivg Army Northern Virginia. 

General: Understanding from your letter of 
the 19th that the colored prisoners v.-l'.o are em- 
ployed at work in the trenches near Fort Gilmer 
have been withdrawn, I have directed thf^ with- 
drawal of the Con. ""ederate prisoners emploj^ed in 
the Dutch Gap canal. 

I shall always regret the necessity of retaliat- 
ing for wrongs done our soldiers; but regard it 
my duty to protect all persons received into th& 
army of the United States, regardless of color oi 
nationality. When acknowledged soldiers of 
the Government are captured they must be treat- 
ed as prisoners of war, or such treatment as they 
receive will be inflicted upon an equal nuiaber of 
prisoners held b}' us. 

I have nothing to do with the dissassioa of 



296 



POLITICAL MANUAL. 



the slavery question : therefore decline answer- 
ing the arguments adduced to show the right to 
return to former owners such negroes as are cap- 
tured from our army. 

In answer to the question at the conclusion of 
your letter, I have to state that all prisoners of 
war falling into my hamls shall receive the kind- 
est treatment possible, consistent with securing 
them, unless I have good authority for believing 
any number of our men are being treated other- 
wise. Tlicn, painful as it may he to me, I shall 
infJict like treatment on an equal number of Con- 
federate prisoners. 

Hoping that it may never become my duty to 
order retaliation upon any man held as a prisoner 
of war, I have the honor to be, very respectfully, 
j'our obedient servant, 

U. S. Grant, Lieutenant General. 

General Grant's Testimony before the Committee 
on the Conduct of the War, on Exchange of 
Prisoners, February 11, 1865. 

Q. It is stated, upon what authority I do not 
know, that you are charged entirely with the 
exchange of prisoners. A. That is correct. And 
what is more, I have effected an arrangement for 
the e.xclfSmge of prisoners, man for man and 
officer for officer, or his equivalent, according to 
the old cartel, until one or the other party has 
exhausted the number they now hold. I get a 
great many letters daily from friends of prison- 
ers in the South, every one of whicli I cause to 
be answered, telling them that this arrangement 
has been made, and that I suppose exchanges 
can be made at the rate of about 3,000 a week. 
The fact is, that I do not believe the South can 
deliver our prisoners to us as fast as that, on 
account of want of transportation on their part. 
Bat just as fast as they can deliver our prison- 
ers to us, I will receive them, and deliver their 
prisoners to them. 

Q. There is no impediment in the way? A. 
No, sir; I will take the j)risoners as fast as they 
can deliver them. And, I would add, that after 
I have caused the letters to be answered, I re- 
fer the letters to Colonel Mulford, the commis- 
sioner of exchanges, so that he mav elfect special 
exchanges in those cases wherever he can do so. 
The Salisbury prisoners will be coming right on. 
I myself saw Colonel Ilatcli, the assistant com- 
missioner of exchanges on the part of the South, 
and he told me that the Salisbury and Danville 
prisoners would be coming on at once. He said 
that he could bring them on at the rate of 5,000 
or G.OOO a week. But I do not believe he can 
do that. Their roads are now taxed to their 
utmost cayiacity for military juirposes, and are 
becoming less and less efficient every day. Many 
of the bridges are now down, I merely fixed, 
as a matter of judgment, that 3,000 a week will 
be as fast as they can deliver them. 

Q. The fact is, that there is no impediment 
now in the way except the lack of transporta- 
tion ? A. That is all. There is no impediment 
on our side. I could deliver and receive every 
one of them in a very short time, if they will 
deliver those they hold. We have lost some 
two weeks lately on account of the ice in |iiio 
river. 

Q. It Las been said that we refused to ex- 



change prisoners because we found ours starved, 
diseased, and unserviceable when we received 
them, and did not like to exchange sound men 
for such men ? A. Tliere never has been any 
such reason as that. That has been a reason 
for making exchanges. I will confess that if our 
men who are prisoners in the South were really 
well taken care of. suffering nothing except a 
little privation of liberty, then, in a military 
point of view, it would not be good policy for 
us to exchange, because every man they get 
back is forced right into the arm}^ at once, while 
that is not the case with our prisoners when we 
receive them. In fact, the half of oar returned 
prisoners will never go into the army again, and 
none of them will until after they have had a 
furlough of thirty or sixty days. Still, the fact 
of their suffering as they do is a reason for 
making tliis exchange as rapidly as possible. 

Q. And never has been a reason for not 
making the exchange ? A. It never has. Ex- 
changes having been suspended \i\ reason of 
disagreement on the part of agents of exchange 
on both sides before I came in command of the 
armies of the United States, and it then being 
near the opening of the spring campaign, I did 
not deem it advisable or just to the men who 
had to fight our battles to reinforce the enemy 
with thirty or forty thousand disciplined troops 
at that time. An immediate resumption of ex- 
changes would have had that effect without giv- 
ing us corresponding benefits. The suffering 
said to exist among our prisoners South was a 
powerful argument against the course pursued, 
and so I felt it. 

General Grant and the Proposed Mission to 
Mexico. 

genekal grant to secretart stanton. 
Headq'rs Armies of the United States, 
Washington, October 27, 1866. 

Your letter of this date, enclosing one from 
the President of the United States of the 26th 
instant, asking you to request me " to proceed 
to some point on our ^Texican frontier most 
suitable and convenient for communication with 
our minister; or (if General Grant deems it 
best) to accompany him to his destination in 
Mexico, and to give him tne aid of his advice in 
carrying out the instructions of the Secretary of 
State," is received. Also, copy of instructions 
to Hon. Lewis D. Campbell, minister to Mexico, 
accompanying your letter, is received. 

The same request was made of me one week 
ago to-day, verbally, to which I returned a 
written rejily, copy of which is herewith enclosed. 

On the 23d instant, the same request was re- 
newed in cabinet meeting, where I was invited 
to be present, when I again declined respectfully 
as I could the mission tendered me, with reasons. 

I now again beg most respectfully to decline 
the ])roposed mission for the following additional 
reasons, to wit : 

Now, whilst the army is being reorganized, 
and troops distributed as fast as organized, my 
duties require me to keep witliin telegraphic 
communication of all the department command- 
ers, and of this city, from which orders must 
emanate. Almost the entire frontier between 
the United States and Mexico is embraced in tha 



LETTERS, PAPERS, TESTIMONY, ETC. 



297 



departments commanded by Generals Sheridan 
and Hancock, the command of the latter being 
embraced in the military division under Lieu- 
tenant General Sherman, three officers in whom 
the entire country has unhounded confidence. 

Either of these general officers can be in- 
structed to accompany the American minister to 
the Mexican frontier, or the one can through 
whose command the minister may propose to 
pass in reaching his destination. 

If it is desirable that our minister should com- 
municate with me he can do so through the offi- 
cer who may accompany him, with but very 
little delay beyond what would be experienced 
if I were to accompany him myself. I might 
add that I would not dare counsel the minister 
in any matter be^'ond stationing of troops on 
the United States soil, without the concurrence 
of the administration. That concurrence could 
be more speedily had with me here than if I 
were upon the frontier, The stationing of troops 
would be as fully within the control of the 
accompanying officer as it would of mine. 

I sincerely hope I may he excused from un- 
dertaking a duty so foreign to my office and 
tastes as that contemplated. 

U. S. Grant, General. 

Hon. E. M. Stanton, 

Secretary of War. 

General Grant and the Baltimore Troubles of 
October, 1866. 

1. — qeneeal grant to president johnson. 
Headq,'rs Armies of the United States, 
Washington, October 24, 1866. 
His Excellency A. Johnson, 

President of the United States. 

I have the honor to enclose to you the within 
report from General Canby, commander of this 
military department, upon the threatened vio- 
lence in the city of Baltimore previous to the 
approaching elections. Upon receiving your 
verbal instructions of the 20th instant, to look 
into the nature of the threatened difficulties in 
Baltimore, to ascertain what course should be 
pursued to prevent it, I gave General Canby, 
whose department embraces liie State of Mary- 
land, instructions, also verbal, to proceed to 
Baltimore in person, to ascertain as nearly as 
he could the cause which threatened to lead to 
riot and bloodshed. The report submitted is 
given in pursuance of these instructions. 

Since the rendition of General Cauby's report 
I had a long conversation with him, and also 
with Governor Swann, of the State of Maryland. 
It is the opinion of General Canby and the state- 
ment of Governor Swann, that no danger of riot 
need be apprehended unless the latter should 
find it necessary to remove the present police 
commissioners of Baltimore from office and to 
appoint their successors. No action in this di- 
rection has been taken yet, nor will there be 
until Friday next, when the trial of the com- 
missioners before the governor is set to take 
place. I cannot see the possible necessity for 
calling in the aid of the military in advance of 
even tlie cause, (the removal of said commis- 
Bioners,) which is to induce riot. 

The conviction is forced on my mind that no 
reason now exists for giving or promising the 



military aid of the government to support the 
laws of Maryland. The tendency of giving such 
aid or promise would be to produce the very re- 
sult intended to be averted. So far there seema 
to be merely a very bitter contest for political 
ascendancy in the State. 

Military interference would be interpreted as 
giving aid to one of the factions, no matter how 
pure the intentions or how guarded and just the 
instructions. It is a contingency I iiope never 
to see arise in this country, while I occupy t.h« 
position of general- in-chief of the army, to have 
to send troops into a State, in full relations with 
the general government, on the eve of an elec- 
tion, to preserve the peace. If insurrection does 
come, the law provides the method of calling 
out forces to suppress it. No such condition 
seems to exist now. U. S. Grant, General. 

October 25 — The President asked for the num- 
ber of troops at convenient stations; to which 
General Grant replied, on the 27th, giving them. 
November 1, President directed Secretary Stan- 
ton : " In view of tlie prevalence in various 
portions of the country of a revolutionary and 
turbulent disposition, which might at any mo- 
ment assume insurrectionary proportions and 
lead to serious disorders, and of the duty of the 
government to be at all times prepared to act 
with decision and effect, this force is not deemed 
adequate for the protection and security of the 
seat of government. I therefore request that 
you will at once take such measures as will in- 
sure its safety, and thus discourage any attempt 
for its possession by insurgent or other illegal 
combinations." 

November 2 — The President gave Secretary 
Stanton this order: 

Executive Mansion, 
Washington, D. C. , November 2, 1866. 
Sir: There is ground to apprehend danger of 
an insurrection in Baltimore against the consti- 
tuted authorities of the State of Maryland, on 
or about the day of the election soon to be held 
in that city, and that in such contingency the 
aid of the United States might be invoked under 
the acts of Congress which pertain to that sub- 
ject. While I am averse to any military demon- 
stration that would have a tendency to interfere 
with the free exercise of the elective franchise 
in Baltimore, or be construed into any interfer- 
ence in local questions, I feel great solicitude 
that, should an insurrection take place, the 
government should be prepared to meet and 
promptly put it down. I accordingly desire 
you to call General Grant's attention to the 
subject, leaving to his own discretion and judg- 
ment the measures of preparation and precau- 
tion that should be adopted. 

Very respectfully, yours, 

Andrew Johusok. 
Hon Edwin M. Stanton, 

Secretary of War. 

Same day. General Grant sent this telegram 
to General Canby : 
General E. R. S. Canby, 

Comm'g I)e2:>art. of Washington. 

Enclosed I send you orders just received from 
the President of the United States. They fully 
explain themselves. As commander of the mili- 
tary department inclading the State of Mary- 



298 



POLITICAL MANUAL 



land, you will take immediate steps for carrying 
them into execution. Tliere are now six or eii;lit 
companies of infantry ready organized in New 
York that liave i'leen ordered to Baltimore, on 
their way to their regiments hero in Washington 
and in Virginia. Eitlier visit Baltimore or send 
a staif officer tliere to stop these troops at Fort 
McHenry until further orders. Also hold one of 
the infantry regiments on duty in this city in 
readiness to move at a moment's notice. By 
having cars ready to take a regiment all at once, 
thej'' will be practically as near Baltimore here 
as if in camp a few miles from that city. These 
are all the instructions deemed necessary in ad- 
vance of troops being legally called out to sup- 
press insurrection or invasion. Having the 
greatest confidence, however, in your judgment 
and discretion, I wish you to go to Baltimore in 
person and to remain there until the threatened 
difficulties have passed over. Proper discretion 
will no doubt go further towards preventing 
conflict than force. U. S. Geaxt, 

General. 

P. S. — The orders referred to have not as yet 
been received. When received they will be for- 
warded to your address, which you will please 
communicate. 

November 3 — A copy of the President's in- 
structions was sent to General Canby. 

November 5 — General Grant reported as fol- 
lows: 

Headq,'e3 Armies of the United States, 
Baltimoee, Md., November 5, 1866. 
Secretary Stanton, 

Washinrjton, D. C. 

This morning collision looked almost inevita- 
ble. Wiser counsels now seem to prevail, and I 
think there is strong hope that no riot will occur. 
Propositions looking -o the harmonizing of par- 
ties are now pending. U. S. Gkant, 

General. 

General Grant on Martial Law in Texas. 

Headquarters Armies United States, 
January 29, 1867. 
RespectfuU_y forwarded to the Secretary of 
War.* Attention is invited to that part of the 
within communication which refers to the con- 
dition of Union men and freedmen in Texas, and 
to the powerlessness of the militar}' in the pres- 
ent state of afifairs to afford them protection. 
Even the moral effect of the presence of troops 
is passing away, and a few days ago a squad of 
soldiers on duty was fired on by citizens in 
Brownsville, Texas ; a report of which is this 

• Tliis is the report referred to : 

IIkatiqcartf.rs Department of the Gulf, 
New Uhlbans, IiK, Januiirii 25, 1867. 
General: TVio conditiou of freodiiien uii'l Union men in 
remote parts of Texas is truly horrible. The Goveniinent 
is denounced, tlio freedmen are shot, and Union men are 
persecuted if they have the temerity to express their 
opinion. 

This condition exists in the northeastern counties of the 
8tat« to an alariiiinj; extent. 

Appl f^ations c(jnie to nie from the most respectable au- 
thorities for troops, but troops have so little power thiit 
they are Kufticieut only in the moral effect wliicli their 
presence li«8. •••*»• 

I am, General, very respectfully, y^mr obedient servant, 
P. 11. SlIF.RinAN, 
Major General United Slates Army. 
General U. S. Grant, 

Commatiding Armies of the. IT. S., WashingUm, D. C. 



day forwarded. In my opinion tlie groat num- 
ber of murders of Union men and freedmen in 
Texas, not only as a rule unpunished, but unin- 
vestigated, constitute jiradically a state of in- 
surrection, and belifiving it to be the province 
and duty of every good tjovernmont to afi'ord 
protection to the lives, liberty, and proy^erty of 
her citizens, I would recommend the declaration 
of martial law in Texas to secure these ends. 

Tlie necessity for governing any portion of 
our territory by martini law is to be deplored. 
If resorted to, it should be linv'ed in its au- 
thority, and should leave all local authorities 
and civil triluinals free and unobstructed, until 
they prove their inefficiency or unwillingness to 
perform their duties 

Martial law would give security, or compara- 
tively so, to all classes of citizens, without re- 
gard to race, color, or political opinions, and 
could be continued until society was capable of 
protecting itsolf, or until the State is returned to 
its full relation with the Union. 

The ajiplication of martial law to one of these 
States would be a warning to all, and, if neces- 
sary, could be extended to others. 

U. S. Grant, General. 

No action was had by the civil authorities 
upon the foregoing recommendation. 

General Grant's Testimony before the House 
Committee on the Judiciary, July 18, 1367. 

By Mr. Eldridge: Q At what time were you 
made general of the army by your present title? 
A. In July, 1866. 

Q. Did you after that time have interviews 
with the President in reference to the condition 
of affairs in the rebel States? A. I have seen 
the President very frequently on the subject, 
and have heard him express his views very fre- 
quently ; but I cannot call to mind any special 
interview. I have been called to cabinet meet- 
ings a number of times. 

Q. With reference to those matters? A. Gen- 
erally, when I was asked to be at a cabinet meet- 
ing, it was because some question was up in 
which, as General of the army, I would be inter- 
ested. 

Q. Did j'ou have any interviews with him on 
the subject of granting amnesty or pardon to 
the officers of the Confederate army, or to the 
people of those States? A. Not that I am 
aware of. I have occasionally recommended a 
person for amnesty. I do ' not recollect any 
special interview that I have had on the subject. 
I recollect speaking to him once or twice about 
the time that he issued his proclamation. I 
thought myself at that time that there was no 
reason why, because a person had risen to the 
rank of general, he should be excluded from 
amnesty any more than one who had failed to 
reach that rank. I thought his proclamation 
all right so far as it excluded graduates from 
West Point or from the Naval Academy, or per- 
sons connected with the government, who had 
gone into the rebellion ; but I did not see any 
rea.son why a volunteer who happened to rise 
to the rank of general should be excluded any 
more than a colonel. I recollect speaking on 
that point. Neither did I see much reason for 



LETTERS, PAPERS, TESTIMONY, ETC. 



299 



the twenhy-thouoand-dollar clause. These are 
the only two points that I remember to have 
spoken of at the time. 1 afterwards, liowever, 
told him that I thought he was much nearer 
right oa the tweuty-thousand dollar clause ihan 
I was. 

^. Do you recollect, when you liad that in- 
terview with him, when you expressed those 
opinions? A. About the time of the proclama- 
tion. 

Q. Did the President, previous to issuing that 
proclamation, ask your opinion on tiie various 
points of it? A. I do not recollect. I know 
that I was present when it was I'ead, before it 
was issued. I do not think that I was asked 
my views at all. I had the privilege, of course, 
being there, to express ray views 

Q. Was not that tlie purpose of your attend- 
ance — to get your views on the subject? A. I 
cannot say that it was. About tliat time I was 
frequently asked to be present at cabinet meet- 
ings. 

Q. Were there other subjects discussed before 
you at the meetings referred to ? A. Yes, sir. 
Whenever I was there all the subjects that were 
up that day were discussed. 

Q. I speak of that time. A. I imagine not. 
My recollection is that it was solely to liear the 
proclamation read; but I would not be positive 
as to that. It is my recollection. 

Q. Did you give your opinion to tlie President 
that it would be better at that time to issue a 
proclamation of general amnesty ? A. No, sir ; 
I never gave any such opinion as that. By gen- 
eral amnesty I mean universal amnesty. 

Q. Did you give j'our opinion to tlie President 
that his [iroclamation interfered witli the stipu- 
lations between 3'ourself and General Lee? A. 
No, sir. I frequently had to intercede i'or Gen- 
eral Lee and otlier paroled officers, on the ground 
that their [larole, so long as tliey obeyed the laws 
of the United States, protected them from arrest 
and ti-ial. The President at tliat time occupied 
exactly the reverse grounds, viz., that the}' should 
be tried and punished. He wanted to know wlien 
the time would come that they should be pun- 
ished. I told liini, not so long as they obeyed 
the laws and complied with the stipulation. 
That wag the ground that I took. 

Q. Did you not also insist that that applied as 
well to the common soldiers? A. Of course it 
applied to every one who took the parole; but 
that matter was not canvassed except in case of 
Fome of the leaders. I claimed tliat, in surren- 
dering tlieir armies and arms, they iiad done 
what they could not all of them have been com- 
pelled to do, as a portion of them could have 
escaped. But they surrendered in consideration 
of the fact that tbey were to be exempt from trial 
so long as they conformed to the obligations 
which they had taken ; and they were entitled 
to that. 

Q. You looked on that in the nature of a 
parole, and held that tliey could only be tried 
when they violated that parole? A. Yes; that 
was the view I took of the question. 

Q. That is your view still? A. Yes, sir, un- 
questionably. 

Q. Did you understand that to apply to Gen- 
eral Lee? A. Certainly. 



Q. That was your understanding of the ar- 
rangement which you made with General Lee? 
A. That was my understanding of an arrange- 
ment wliicli I gave voluntarily. General Lee's 
army was the first to surrender, and I believed 
that with such terms all the rebel armies would 
surrender, and that we would tlius avoid bush- 
whacking and a continuation of the war in a 
way that we could make very little progress 
with, liaving no organized armies to meet. 

Q. You consiilered that the like terms were 
given by General Sherman to the armies which 
surrendered to him? A. Yes, sir; to all the 
armies that surrendered after tliat. 

Q. And you held that so long as they kept 
their parole of honor and obeyed the laws they 
Were not subject to be tried by courts? A. That 
was my opinion. I will state here that I am 
not quite certain whether I am being tried, or 
who is being tried, by the questions asked. 

Mr. Eldridge. I am not trying anybody; I 
am inquiring in reference to the President's 
proclamation, and as to the views lie entertained. 

Q. Did you give those views to the President? 
A. I have stated those views to the President 
frequently, and, as I have said, he disagreed with 
me in tho^e views. He insisted on it that the 
leaders must be punished, and wanted to know 
when the time would come that those persons 
could be tried. I told him, when they violated 
their parole 

Q. Did you consider that that applied to Jef- 
ferson Davis? A. No, sir; he did not take any 
parole. 

Q. He did not surrender? No, sir. It applied 
to no person who was captured — only to those 
who weie paroled. 

Q. Did the President insist that General Lee 
sliould be tried for treason ? A. He contended 
for it. 

Q. And you claimed to him that the parole 
which General Lee had given would be violated 
in such trial? A. I did. I insisted on it that 
General Lee would not have surrendered his 
army, and given up all their arms, if he had 
supposed that after surrender he was going to 
be tried for treason and hanged. I thought we 
got a ver}- gooii equivalent for the lives of a few 
leaders in getting all their arms and getting 
themselves under control, bound by their oaths 
to obey the laws. That was the consideratioQ 
which, I insisted upon, we had received. 

Q. Did the President argue that question with 
you? A. There was not much argument about 
it ; it was merely assertion. 

Q. After you had expressed your opinion upon 
it did he coincide with you? A. No, sir; not then. 
He afterwards got to agreeing with me on that 
subject. I never claimed that the parole gave 
tho.se prisoners any political rights whatever. I 
thought that that was a matter entirely with 
Congress, over which I had no control; that, 
simplj', as general-inchief commanding the ar- 
my, I had a right to stipulate for the surrender 
on terms which protected their lives. That is all 
I claimed. The parole gave them protection 
and exemption from j^unishment for all offences 
not in violation of the rules of civilized warfare, 
so long as their parole was kept. 

Q. Do you recollect at what time you had 



800 



POLITICAL MANUAL. 



those conversations? Can you state any par- 
ticular time, or up to any particular tirae, 
when they were finished? A. The conver- 
sations were frequent after the inauguration 
of Mr. Johnson. I cannot give the time. He 
seemed to he anxious to get at tlie leaders to pun- 
ish tliem. He would say that the leaders of the 
rebellion must be punished, and that treason must 
be made odious. He cared nothing for the men 
in the ranks — the common men. He would let 
them go, for the}' were led into it by tlie leaders. 

Q. Was that said to you in conversation? A. 
I have heard him say it a number of times. He 
said it to me, and he said it in my presence at 
the time tliat delegations were coming up to him 
from the South. 

Q. What persons do you recollect as being 
present at chose conversations — I mean what 
southern men ? A. I did not know tliem at all. 
I recollect that on one occasion he talked to a 
delegation from Richmond in that way.* I do 
■flot know any of their names. 

Q. Was that prior or subsequent to his proc- 
lamation ? A. it was subsequent, I think. 

Q. Do you recollect at any time urging the 
I resident to go further in granting amnesty than 
hehad gonein his proclamation ? A. Justaslsaid 
before, I could not see any reason why the fact 
of a volunteer rising to the rank of general should 
exclude him any more than any other grade. 
And with reference to the twenty-thousand-dol- 
lar clause, I thought that a man's success in this 
world was no reason for iiis being excluded from 
amnesty; but I recollect afterwards saying to 
the President that I thought he was riglitin that 
particular, and I was wrong. In reference to 
the other, I never changed my views. If he was 
going to give amnesty to a soldier at all, I did 
not see wliy the fact of a man's having risen to 
the rank of a general should be reason for ex- 
cluding him. 

Q. Did you not advise the President that it 
was proper and riglit he should grant amnesty ? 
A. I do not think I said anything on that sub- 
ject. I only looked at the proclamation as one 
which he was determined to issue, and as a 
thing susceptible to amendment or improve- 
ment. 

Q. Did you not give your opinion at all that 
amnesty ought to be granted to those people to 
any extent? A. I know tliat I was in favor of 
some proclamation of the sort, and perhaps I 
may have said so. It was necessary to do some- 
thing to establish governments and civil law 
there. I wanted to see that done, but I do not 
think [ ever j retended to dictate what ought to 
hf donf,. 

Q. Did you not advise? A. I do not think I 
ever diil. I have given my opinions, perhaps, 
as to what has been dnne, but I do not think I 
advised any course myself any more than that 
I was very anxious to see something done to 
restore, civil governments in those States. 

Q. Did you not give your opinion at all to 
the President a-< to wliat should be done? A. I 
do not think I did. After matters were done, I 
was willing to ext)ress an opinion for or against 
particular clauses. 

• See i.agfB 47, 48 of the Miiiiual for 1866. 



Q. I suppose the President called on you for 
advice on those questions? A. I say I was in 
favor, and so expresse^^ myself, of sometliing 
being done to restore civil rule there imm;di- 
ately, as near as it could be done under the 
circumstances. 

Q. Did you suggest anything ? A. No, sir. 

By Mr. Woodbridge : Q. I understand your 
position to be this: that you did not assume to 
originate or inaugurate any policy ; but that 
when any question came uj>, and your opinion 
was asked as to what the President 'vas going to 
do or had done, you gave an opinica ? A. 'ihat 
was it, exactly ; and I presumed the whole com- 
mittee so understood me. I have always been 
attentive to niy own duties, and tried not to in- 
terfere with other people's. I was always ready 
to originate matters pertaining to the army, but 
I never was willing to originate m«>.t'ter8 per- 
taining to the civil government of the United 
Stales. When I was asked my opinion about 
what liad been done, I was willing to give it. I 
originated no plan and suggested no plan for 
civil government. I only gave my views on 
measures after they had been originated. I 
simply expressed an anxiety that something 
should be done to give some sort of control down 
tliere. There were no governments there when 
the war was over, and I wanted to see somo 
governments established, and wanted to see it 
done quickly. I did not pretend to say how it 
should be done, or in what form. 

By Mr. Eldridge : Q. I confined my qustiona 
entirely to war and peace. In expressing the 
opinion that something ought to be done and 
done quickly, did you make a suggestion of 
wiiat ought to be done? A. No, sir. I will 
state here that, before Mr. Lincoln's assassina- 
tion, the question about issuing a proclamation 
of some sort, and establishing some sort of civil 
government there, was up; and what was done 
then was continued after Mr. Johnson came into 
ofSce. 

Q. Did you give j'our opinion on that after 
it was done? A. I was present, I think, twice 
during Mr. Lincoln's ailministration, when a 
proclamation which had been prepared was 
read. After his assassination it continued right 
along, and I was there with Mr. Johnson. 

Q. Did you give President Jolinson your 
opinion on the subject of the proclamation, 
which you say was up before Mr. Lincoln's 
death, and was continued afterwards? A. I say 
I have given my opinion on particular passages 
of it. 

Q. Tell us what conversations you had with 
President Johnson on the subject, so far as you 
can recollect it ? A. I have stated once or twice 
that, so far as I can recollect, I disagreed with 
two clauses of the proclamation. As to tlie plan 
of establisliing jirovisional governors tliere, that 
was a question which I knew nothing about, 
and wliich I do not recollect having expressed 
an opinion about. The only opinion I recollect 
liaving expressed on that subject at all was to 
the Secretary of War. I thought there would 
be some difficulty in getting people down there 
to accept offices, hut I found afterwards they 
were ready enough to take them. 

By the Chairman; Q. If I understand you 



LETTERS, PAPERS, TESTIMONY, ETC. 



801 



correctly, the onlj' opinion that you expressed, 
and the onlj' advice that you gave, were in 
reference to the military side of the question, 
and not in reference to the civil side? A. No- 
thing farther than that I was anxious that 
Bomething should be done to restore some sort 
of government. 

Q. But you gave no advice as to what should 
be done ? A. I gave no advice as to what 
should be done 

By Mr. Eldridge : Q. State the conversation 
that yon had on that subject? A- I have had 
repeated conversations with the President, but 
I cannot specify what those conversations were 
any more than I have already done. 

Q. Did you recommend certain generals of the 
Confederate army to the President for pardon 
who fell within the exemptions? A. Yes, sir. 
I recommended General Longstreet, I think, a 
year and a half ago ; and although I cannot re- 
collect the names of anybody else, I think I 
recommended several others. 

Q. Do you recollect recommending J. G. 
French, a graduate of West Point ? A. Yes, 
sir. 

Q. What part did he take in the rebellion ? 
A. He was a brigadier general. 

Q. Was he a graduate of West Point ? A. He 
was ; and a class-mate of mine. 

Q. Do 3'ou recollect recommending the pardon 
of George H. Stuart? A. Yes, sir. 

Q. What part did he take in the Confederate 
service? A. He was a general, and commanded 
a brigade or division. He took no very con- 
ej icuous part. 

Q Was he a graduate of West Point ? A. 
1 think so. 

Q. He was not a class-mate of yours ? A. 
No, sir ; he came long after me. 

Q. Was tiiere any special circumstance in his 
«ase which you considered ? A. Yes, sir. I 
did that at the instance of General Hunter, and 
as a special favor to him, and I did it because 
it affected an inheritance. Stuart's wife was a 
staunch, consistent Union woman throughout 
the war, notwithstanding her husband was in 
the rebel army. I think she never went South. 
She was as devoted to tiie Union cause as any 
woman who^e husband was on our side. There 
was considerable property in Maryland which 
had not been confiscated, which he inherits, and 
I thought that his wife and his children were 
entitled to that property. General Hunter 
thought so too. My recommendation was not 
out of any favor to General Stuart. 

Q. Were those circumstances presented to the 
President as a reason for the pardon? A. I do 
not know that they were, and I do not know 
that they were not. I think I merely signed a 
recommendation. 

Q. Did that contain the statement you have 
given? A. I do not recollect whether it did or 
not. I do not know that I stated the circum- 
stances to the President. 

Q. Do you recollect signing the recommenda- 
tion of M. D. Ector, a rebel brigadier general ? 
A. No, sir; I do not recollect there being such 
a brigadier general in the rebel service. 

Q. The report in the House is that he was 
pardoned on the lecommendatioa of Lieutenant 



General Grant and John Hancock. A. I do not 
recollect any sucii person as John Hancock, or 
the general named. 

Q. Do you recollect ——^— Lloyd J. Dean? 
(Beall?) A. Yes, sir. 

Q. Did you sign a recommendation, or make 
an application to the President for his pardon ? 
A. 1 do not think that the record will show that 
I recommended his pardon, but I am not sure as 
to that. I know that he sent his application 
through me, with the request that I should for- 
ward it to the President with some endorsement. 
My recollection is that I made an endorsement 
as to his general character, which was a.s high, 
up to the breaking out of the rebellion, as any 
man's could be. 

Q. Were you acquainted with him previous to 
the breaking out of the rebellion? A. Oh, yes, 
sir, for many years. I do not think that I recom- 
mended him, but still I may have done so. My 
recollection is that I simply endorsed his char- 
acter on the application. The application was 
to the President, but sent through me. 

Q. Do you recollect P. D. Roddy, said to be a 
rebel brigadier general '' A. Yes, sir. I do not 
recollect what my endorsement was in Roddy's 
case, but I know that if I had it to do over again 
I would recommend his pardon very quickly, 
and I presume I did so. If he is not pardoned 
yet, I would be very glad to sign a recommend- 
ation for him now. 

Q. Do you recollect any other officers of the 
rebel army who were recommended to the Pres- 
ident for pardon by you? A. No, sir; I cannot 
mention any. You have already gone over a 
bigger list than I thouglit I recommended. 

Q. Do you recollect the case of General Pick- 
ett? A. I know that I was urged in that case 
over and over again, and I can send you from 
the office exactly what I did in the matter. 

Q. Did you sign a recommendation in his case? 
A. 1 do not think I did. I recollect receiving 
letter after letter from him, and letters were sent 
to me time and again on his behalf. He was 
specially uneasy lest he would be tried by a 
military commission on account of some men 
who were executed in North Carolina. 

Q. Do you recollect talking to the President 
about him? A. I do not recollect ever mention- 
ing his name to the President. I will furnish 
whatever is in my office about him. I received 
one appeal after another, not only from Pickett 
himself and his relatives, but from officers in the 
army who knew him very well and favorably 
prior to the war. 

Q. Do you know whether he has been par- 
doned yet? A. I do not know. 

Q. State what the circumstances of his case 
were, and whether you are in favor of his par- 
don. A. I was not in favor of his pardon. I 
was not in favor, however, of his being tried by 
a militarj' commission. I think that his great 
anxiety was to receive some assurance that he 
would not be taken up and imprisoned for of- 
fences alleged against him as commander in 
North Carolina. He wanted to be able to go to 
work and make a living. It is likely I may 
have recommended that he be given assurance 
that he would not be arrested and imprisoned. 
I do not think that I ever, under any circum- 



302 



POLITICAL MANUAL. 



Btances, signed a recommendalion for his pardon. 
You have no right to ask what my opinion is 
now. 

Q. Was he an active rebel officer? A. Yes, 
sir. He was charged with e.xecuting a number 
of North Carohna refugees who were captured 
with a garrison under General We«sels in North 
Carolina. Tiiose men had gone there to evade 
the rebel con.<cripiion,or it may be had deserted 
from the rebel army, and they were tried as de- 
serters, and quite a number of them executed. 
Pickett was commanding officer at that time, 
and there was a good deal said of his having 
approved the proceedinjis. 

Q. Was tins man French an active rebel 
officer? He serveil in the field. I never heard 
much of him during the rebellion. He was not 
generally in the army against which I was per- 
sonally engaged. He was at one time on the 
James river, when General McClellan was in 
command, and was afterwards in tlie West, but 
be never filled a conspicuous place. 

Q. Did you ever advise the pardon of General 
Lee? A. Yes, sir. 

Q. Were you ever consulted on that question 
by the President? A. General Lee forwarded 
his application for amnesty through me, and I 
forwarded it to the President, approved 

Q. Did you have anj'' conversation about it 
with the President? A. I do not recollect 
having had any conversation with him on the 
subject. I think it probable that I recom- 
mended verbally the pardon of General John- 
ston, immediately after the surrender of his 
army, on account of the address he delivered to 
his army. I thought it in such good tone and 
spirit that we sliould distinguish between him 
and others who diil not appear so well. I recol- 
lect speaking of that, and saying that I should 
be glad if GeneralJohnston received his pardon, 
on account of tlie manly manner in which he 
addressed liis troops. 

By the Chairman : Q. You supposed his par- 
don would have a good effect? A. Yes; I 
thought it would have a good effect. I am not 
sure whetlier I spoke on the subject to the Sec- 
retary of War or to tlie President. 

By Mr Eldridge: Q. Do you recollect hav- 
ing a conversation with the Presi<lent at any 
time when General Hillyer was present? A. I 
remember going with General Hillyer to see the 
President, but it was on the subject of an ap- 
pointment which he wanted. I went to state 
to the President what I knew of General Hill- 
yer. I do not recollect the conversation going 
beyond that range at all, though still it might 
have done so. 

Q. You do not recollect any other meeting 
with the President when General Hillyer was 
present? A. I do not know. I think I met 
him twice, perliaps, but it was on a subject in 
which General Hillyer himself was personally 
interested. Whether the President conversed 
la any other suojects at that time I do not 
recollect. 

Q. Do you not recollect any conversation with 
♦he President, in the presence of General Hill- 
yer, on the subject of granting amnesty to the 
people of the South? A. No, sir; I do not 
recollect auy conversation on the subject of gen- 



eral amnesty, and I know that I never wa.s in 
favor of general amnesty. I do not recollect 
any conversation at that time on the subject of 
amnesty at all. I have stated here that 1 never 
recommended general amnesty, and never was 
in favor of it, until the time shall come when it 
is safe to give it. 

By Mr. Williams: Q. When you say that, 
you did not recommend general amnesty, you 
mean universal amnesty ? A. I do not recollect 
of ever having any conversation on the subject 
of universal amnesty. I know I could not have 
recommended such a thing, because I never was 
in favor of it, until the time shall come when 
it is safe. 

Q. I m rely put the question in reference to 
your use of the term "general," because it 
might be supposed from that that the amnesty 
in the proclamation was not a general amnesty? 
A. I meant universal amnesty, of course. 

Q. You state that you differed with the Pres- 
ident as to two points in his proclamation, but 
that his views afterwards changed. State when 
the President's mind underwent a change? A. 
It would be very hard, I reckon, to fix any 
period for it. 

Q. Was it in the summer of 1865? A. Yes, 
sir ; along in tlie summer of 1865. 

Q. How long after the North Carolina proclam- 
ation of the 29th of May? A. It is impossi- 
ble for me to say. 

Q. Was it more than two or three months? 
A. I should think not. 

By Mr. Woodbridge: V/hat did you mean by 
saying that the President's views afterwards 
changed? A. I meant to say that while I was 
contending for the rights which those rebel 
paroled soldiers had, he was insisting on it that 
they should be punished. My remark was con- 
fined to that, particular subject. 

By Mr. Eldridge : Q. Did you have any cor- 
respondence witli the President in writing? A. 
Any correspondence I ever had with the President 
is official, and can be furnished. I had to make 
frequent endorsements on the subject of the 
rights of those paroled prisoners. The only 
correspondence that I could have had on the 
subject of amnesty was where I recommended 
men for ptardcn, as in the case of French and 
others. 

Q. Did you keep copies of them? A. Yes. 
sir, and will furnish them. 

Q. Do you recollect the proclamation that is 
called the " North Carolina proclamation ?" A. 
Yes, sir; that was the first one published giving 
a State jjovernnient. 

Q. Did you have any conversation with the 
President as to the terms or purport of that 
proclamation ? A. I was, as I say, present 
when it was read. It was in the dire':'tion that 
I wanted. I was anxious to see something done 
to give some sort of temporary government 
there. I did not want to see anarchy. 

Q. Did you give any opinion in favor of that 
proposition? A. I did not give anj' opinion 
against it. I was in favor of that or anythine 
else which looked to civil government until 
Congress could meet and establish governments 
there. I did not want all chaos left tliere, and 
no form of civil governmeut whatever. I was 



LELTERS, PAPERS, TESTIMONY, ETC. 



303 



not in favor of anything or opposed to any- 
thing particularly. I was simply in favor of 
having a government there ; that was all I 
wanted. I did not pretend to give my judgment 
as to what it should be. I was perfectly willing 
to leave that to the civil department. I asked 
no person what I should do in my duties ; I 
was Willing to take all the responsibilities; and 
I did not want to give my views as to what the 
civil branch of tbe government should do. 

Q. Some of tliose governors were military 
officers and held rank in the army? A. That 
was during the rebelliou. Mr. Johnson was 
military governor in Tennessee and General 
Hamilton in Texas. I do not recollect that there 
were any other military governors ; the others 
were provisional governors. I did not care 
wiiether they were called provisional or military 
governors. I looked upon them as equally pro- 
visional. 

By Mr. Thomas: Q. You have stated your 
opinion as to the rights and privileges of Gen- 
eral Lee and his soldiers ; did you mean that to 
include any political rights? A. I have ex- 
plained that I did not. 

Q. Was there any difference of opinion on that 
point between yourself and President Johnson at 
anytime? A. On that point there was no differ- 
ence of opinion; but there was as to whether 
the parole gave them any privileges or rights. 

By Mr. Eldridge : Q. He claiming that it did 
not, and you claiming that it did? A. He 
claiming that the time must come when they 
could be tried and puni.shed, and I claiming that 
that time could not come except by a violation 
of their parole. I claimed that I gave them no 
political privileges, but that I had a right, as 
military commander, to arrange terms of sur- 
render which should protect the lives of those 
prisoners. I believe it is conceded by every- 
body that I had that right. I know that Mr. 
Lincoln conceded it at the time. 

By Mr. Boutwell : Q. How recently has the 
President expressed to you the opinion that 
General Lee, or others who had the benefit of 
the parole, ought to be tried and punished ? 
A. Not since about two j^ears ago. 

Q. Have you at any time heard the President 
make any remark in reference to admission of 
members of Congress from the rebel States into 
f-ithoi house? A. I cannot say positively what 
I have heard him say on that subject I have 
heard him say as much, perhaps, in his publislied 
speeches last summer, as I ever heard him say 
at all upon that subject. I have heard him say 
— and I think I have heard him say it twice in 
his speeches — that if the North carried the 
elections by members enough to give them, with 
the southern members, a majority, why would 
they not be the Congress of the United States? 
I have Iieard him say that several times. 

By Mr. Williams: y. When you say "the 
North," you mean the democratic party of the 
North, or, in other words, the party favoring 
his policy? A. I mean if the North carried 
enough members in favor of the admission of the 
South. I did not hear him say that he would 
recognize them as the Congress. I merely heard 
him ask the question, " why would they not be 
the Congress ?" 



By the Chairman : Q. When did you hear 
him say that? A. I iieard him say that in one 
or two of his speeches. I do not recollect where. 

By Mr. Boutwell : Q. Have you heard hiin 
make a remark kindred to that elsewhere? A. 
Yes ; I have heard him say that, aside from his 
speeches, in conversation. I cannot say just 
when. It was probably about that same lime. 

Q. Have you heard him, at any time, inalje 
any remark or suggestion concerning tlie legal- 
ity of Congress with the southern members ex- 
cluded? A. He alluded to that subject frequently 
on his tour to Chicago and back last summer. 
His speeches were generally reported witli con- 
siderable accuracy. I cannot recollect wliat he 
said, except in general terms; but I read his 
speeches at the time, and they were reported 
with considerable accuracy. 

Q. Did you hear him say anything in private 
on that subject, either during that trip or at any 
other time ? A. I do not recollect specially. 

Q. Did you at any time hear him make any 
remark concerning the executive department of 
the government? A. No. I never heard him 
allude to that. 

Q. Did you ever hear him make any remark 
looking 'O any controversy between Congress 
and the Executive? A. I think not. 

By Mr. Marshall : Q. I understand you to 
say that you were very anxious, at the close of 
the war, that civil governments should be estab- 
lished in some form as speedily as possible, and 
that you so advised the President? A. I so 
stated frequently in his presence. 

Q. But that you advised no particular form 
or mode of proceeding? A. I did not. 

Q. Were you present when tins North Caro- 
lina proclamation was read in the cabinet ? A. 
I would not be certain, but my recollection ia 
that the first time I heard it read was in the 
presence only of the President, the Secretary ol 
War, and myself. 

Q. Did you give your assent to that plan ? 
A. I did not dissent from it. That is just in 
accordance with what I have stated. It was a 
civil matter, and, although I was anxious to have 
something done, I did not intend to dictate any 
plan. I do not think I said anything about it, 
or expressed any opinion about it at tbat time. 
I looked upon it simply as a temporary meas- 
ure, to establish a sort of government, until Con- 
gress should meet and settle the whole question, 
tliat it did not make much difference how it was 
and done, so there was a form of government 
there. 

Q. Were you present that time by invitation 
of the President or the Secretary of War ? A. 
1 must have been. 

Q. Were you not invited for tlie purpose of 
getting your views as to whether it was a judi- 
cious plan to be adopted for the time? A. I 
suppose I was free to express my views. I sup- 
pose the object was, perhaps, tbat I might ex- 
press rny views if I could suggest any change. 

Q. Were you at the time asked your views in 
reference to it? A. I do not think I was. I 
think it was merely read over. 

Q. You think you neither assented nor dis- 
sented ? A. I know that if I had been asked 
the question I would have assented to that or 



304 



POLITICAL MANUAL. 



almost an3'tliing else that would have given 
stable government tliere. 

Q. In rel'erence to the amnesty proclamation, 
I wish to know wlietlier you ever gave your 
opinion to the President as to whether it was 
too liberal or not liberal enough in its clauses? 
A. I think I have answered that question pretty 
fully. When the proclamation was published, I 
told the President that there were two points on 
which I disagreed with him — that is, as to ex- 
cluding volunteer generals, and as to the $20,000 
clause. _I do not say anything as to whether 
the rest of it was too liberal or too stringent. 
I can state what I thought about it, but not 
what I said about it. 

Q. I wish to know whether, at or about the 
time of the war being ended, you advised the 
President that it was, in j'our judgment, best to 
extend a liberal policy towards the people of the 
South, and to restore as speedily as possible the 
fraternal relations which existed prior to the 
war between the two sections? A. I know that 
immediately after the close of the rebellion there 
was a very fine feeling manifested in the South, 
and I thought we ought to take advantage of it 
as soon as possible ; but since tliat there has 
been an evident change there. I may have ex- 
pressed my views to the President. 

Q. What is your recollection in reference to 
that? A. I may have done so, and it is proba- 
ble that I did; I do not recollect particularly. 
I know that I conversed with the President 
very frequently. I do not suppose that there 
were any persons engaged in that consultation 
who thought of what was being done at that 
time as being lasting — any longer than until 
Congress would meet and either ratify that or 
establish some other form of government. I 
know it never crossed my mind that what was 
being done was anything more than temporary. 

By Mr. Churchill: Q,. You understood that 
to be the view of the President? A. I under- 
stood that to be the view of the President and 
of everybody else. I did not know of any dif- 
ference of opinion on that subject. 

Q. Did you understand that to be his view as 
other proclamations appeared from time to time ? 
A. I cannot say as to that. It would seem that 
he was very anxious to have Congress ratify his 
own views. 

By Mr. Woodbridge: Q. I understood you 
to say that Mr. Lincoln, prior to his assassina- 
tion, had inaugurated a policy intended to re- 
store tliose governments? A. Yes, sir. 

Q. You were present when the subject was 
before the cabinet? A. I was present, I think, 
twice liefore the assassination of Mr. Lincoln, 
when a plan was read. 

Q. I want to know whether the plan adopted 
by Mr. Johnson was substantially the plan 
which had been inaugurated by Mr. Lincoln as 
the basis for his future action? A. Yes, sir, 
substantially. I do not know but that it was 
verbatim the same. 

Q. I suppose the very paper of Mr. Lincoln 
was the one acted on ? A. I should think so. 
I think that the very paper which I heard read 
twice while Mr. Lincoln was President was the 
one which v/as carried right through. 



Bv Mr. Churchill : Q .Whatp.nper was that? 
A. TheNoith Carolina [iroclamation. 

By Mr. Boutwell : Q. You understood that 
Mr. Lincoln's plan was temporary^ to be either 
confirmed or a new government set up by Con- 
gress ? A. Yes; and I understood Mr. Jolm- 
son's to be so too. 

By Mr. Williams : Q. Was there anything 
said on that subject, or was that your inference? 
A. That was my inference. 

Q. Y''ou never heard the President nay the 
plan was to be temporary? A. No ; but I was 
satisfied that everybody looked on it as simply 
temporary until Congress met. 

Q. You stated that the North Carolina pro- 
clamation was a continuation of the project 
submitted by Mr. Lincoln. I wish to inquire 
of you whether you ever compared them to as- 
certain whether they were the same or not ? 
A. No, sir ; I never compared them. I took 
them to be the very same papers. The papers 
were substantially the same, if not the very same. 

RECALLED AND EXAMINED, JULY 20, 18G7. 

By Mr. Boutwell : Q. Do you recollect hav- 
ing an interview with the President in company 
with General Hillyer. on the return of General 
Hillyer from the South? A. Since my attention 
was called to it I do. I did not remember it 
when I gave my testimony the last day here. 

Q. What is your recollection of what trans- 
pired and was said at that interview ? A. My 
recollection is that General Hillyer called to ex- 
plain to the President what he had seen in the 
South, and what he had heard of the views and 
opinions of the people there ; and that what he 
had seen was an acquiescence on the part of the 
southern yieorde, and favorable to peace, har- 
monj^, and good will. That was said in general 
terms, but the language I do not remember. 

Q. Do you recollect whether, at that inter- 
view, there was any expression by the President 
as to any political policy ? A. No, sir, I do not ; 
I remember General Hillyer said something of 
having been invited to make a speech in New 
York, or some place, I do not remember where, 
and that he should do so, and send me a copy of 
his speech. I am very sure that he mentioned 
that in the presence of the President. What he 
said in that speech I do not remember now, but 
I presume the speech could be procured. I re- 
member that General Hillyer gave the substance 
of what leading men said to him in the South. 
He particularly mentioned Judge Kale, of Ala- 
bama. He said tliat Judge Hale very candidly 
said that when they went into the rebellion they 
took their lives, j)ropert}', &c., in their hnnds, 
and that when they were defeated, they should 
accept such conditions as the government chose 
to give ; and that they claim now that what 
they did they did in good faith, and w.ould not 
take it back again. Judge Hale claimed no 
right whatever after the failure of the reb';llion, 
except such as was granted to them. That was 
the point he made. The conversation was made 
up considerably of instances of that sort. I 
recollect his mentioning meeting a special party 
in Mobile, and what occurred there. 



LETTERS, PAPERS, TESTIMONY, ETC. 



30') 



PacHMOND, ViKGiNiA, June 13, 1865. 
Lee, Genkeal R. E. — For benefits, and full re- 
storation of all rights and privileges extended 
to those included in amnesty proclamation of 
the President of 29th May, 1865. 

Headq'ks Army of the United States, 
16th June, 1865. 
Respectfully forwarded through the Secretary 
of War to the President, with earnest recom- 
mendation that the application of General Rob- 
ert E. Lee for amnesty and pardon may be 
granted him. 

The oath of allegiance, required by recent 
order of the President to accompany applica- 
tion, does not accompany this, for the reason, 
as I am informed by General Ord, the order re- 
quiring it had not reached Richmond when this 
was forwarded. U. S. Grant, 

Lieutenant General. 

Richmond, Va., June 13, 1865. 

Lee, General Robert E. — Understanding that 

he and otlier officers are to be indicted by 

grand jury at Norfolk, Virginia, states his 

readiness to be brouglit to trial, but had sup- 

Eosed the terms of his surrender protected 
im ; therefore prays, &c. 

PIeadq,'rs Armies of the United States, 
16th June, 1865. 

In my opinion, the officers and men paroled 
at Appomattox Court House, and since, upon the 
same terms given to Lee, cannot be tried for 
treason so long as they observe the terms of 
their parole. This is my understanding. Good 
faith as well as true policy dictates that we 
should observe the conditions of that conven- 
tion. But faith on the part of the government, 
or a construction of that convention subjecting 
officers to trial for treason, would produce a feel- 
ing of insecurity in the minds of all the paroled 
officers and men. If so disposed they might 
even regard such an infraction of terms by the 
government as an entire release from all obliga- 
tions on their part. 

I will state, further, that the terms granted by 
me met with the hearty approval of the Presi- 
dent at the time, and of the people generally. 

The action of Judge Underwood in Norfolk 
has had an injurious effect, and I would ask 
that he be ordered to quash all indictments 
found against paroled prisoners of war, and to 
desist from further prosecution of them. 

U. S. Grant, Lieut. General. 

[Cipher.] 

HEADa'RS Armies of the United States, 
Washington, May 6, 1865—1 P. M. 
Major General Halleck, 

Richmond, Virginia. 
Since receipt of your despatch of 3d, I think 
it will be advisable to leave Hunter alone for the 
present. 

Although it would meet with opposition in the 
North to allow Lee the benefit of amnesty, I 
think it would have the best possible effect to- 
wards restoring good feeling and peace in the 
South to have him come in. All the people 
except a few political leaders in the South will 
accept whatever he doc3 as right, and will be 
guided to a great extent by his example. 

U. S. Grant, Lieut. General. 
20 



Washington, D. C, March 12, 1866. 
Pickett, General George E. — Presents his- 
tory of his case, refers to surrender and agree- 
ment of April 9, 1865, and asks for protection 
from prosecution for treason. 

Headquarters Armies United States, 
March 16, 1866. 
Respectfully forwarded to his excellency the 
President of the United States, with the recom- 
mendation that clemency be extended in this 
case, or assurance given that no trial will take 
place for the offence charged against George E. 
Pickett. 

During the rebellion belligerent rights were 
acknowledged to the enemies of our country, 
and it is clear to me that the parole given by 
the armies, laying down their arms, protects 
them against punisliment for acts lawful to any 
other belligerent. In this case, I know it is 
claimed that the men tried and convicted for 
crime of desertion were Union men from North 
Carolina who had found refuge within our lines 
and in our service. The punishment was a 
hard one, but it was in time of war, and upon 
the enemy ; tliey no doubt felt it necessary to 
retain by some power the service of every man 
within their reach. 

General Pickett I know, personally, to be an 
honorable man, but in this case his judgment 
prompted him to do wliat cannot well be sus- 
tained, though I do not see how good, either to 
the friends of the deceased, or by fixing an exam- 
ple for the future, can be secured by his trial now. 
It would only open up the question whether 
or not the government did not disregard its 
contract entered into to secure the surrender of 
an armed enemy. U. S. Grant, 

Lieutenant General. 

St. Louis, Missouri, March 26, 1866. 
Beall, W. H. R. — Application for pardon. 
Headquarters Armies United States, 
2d April, 1866. 
Respectfully submitted to his excellency the 
President, through the honorable Secretary of 
War, and recommended. U. S. Grant, 

Lieutenant General. 

RECALLED AND EXAMINED, JULY 18, 1867. 

By Mr. Thomas : Q. Did the President pro- 
pose, at any time, to use the military power for 
the adjustment of the controversy in Baltimore 
between the police commissioners appointed by 
Governor Swann and those who claimed author- 
ity independent of Governor Swann? A. I 
understood that he wanted to use it, and I called 
his attention to the law on the subject, which 
changed his views and determination evidently. 
I called his attention to the only circumstancea 
in which the military forces of the United States 
can be called out to interfere in State matters. 
It was his intention to send troops there to 
enable Governor Swann, as he termed it, to en- 
force his decision in the case of those police 
commissioners. 

Q. Did the President, on account of your 
opinion, change that purpose? A. I made a 
communication to him on the subject, which led 
to the Attorney General giving an opinion as to 
the power to use the military forces of the 



306 



POLITICAL MANUAL. 



Uniced States to interfere in State affairs ; and 
that led to a change of what was intended to 
be done. After this whole question was settled 
as to sending the military there, there were six 
companies of new troops organized in New 
York harhor, which belonged to regiments 
soutk of here, and I ordered them to their regi- 
ments, and to stop at Fort McHenry on their 
way down, in oruer to keep them there until 
after tl:e election, with a view to have a force 
there in case there was a bloody riot. 

Q. Do I understand you to say that the Pres- 
ident ciianged his purpose in that respect before 
the difi5culty had been adjusted in Baltimore? 
A. Yes, sir. 

Q. That was in accord with your opinion, en- 
dorsed l)}' the Attorney General ? A. Yes, sir. 

By Mr. Williams: Q. Have you a copy of the 
letter addressed by you to the President? A. I 
have a copy of everything official except con- 
versation. 

(Witness was directed to furnish the oflBcial 
documents on the subject.) 

By Mr. Thomas: Q. Did the President signify 
his wish concerning the army in writing or ver- 
bally? A. Verbally and in writing. 

Q. Were you sent for formally? A. Yes, sir. 
I was sent for several times — twice, I think, 
while Governor Swann was there in consultation 
■with the President. Finding that the President 
wanted to send the military to Baltimore, I ob- 
jected to it. 

Q. Are you distinct in your recollection as to 
when the "President acquiesced in your views? 
A. It was [irior to the election, two or three 
days. When the matter was left entirely with 
me, I ordered those troops down to join their regi- 
ments, and to halt at Fort McHenry until after 
the election. 

Q. Was it before or after the arrest of the 
commissioners appointed by Governor Swann, 
that the President withdrew his request to you 
to ui=e the army in that controversy? A. I can- 
not state precisely as to that. It was before I 
ordered the troops from New York. What took 
place was in conversation, until I found that 
there was rather a determination to send troops 
there, and then I communicated officially to the 
Secretary of W^ar ray objection to using troops 
in that w'ay. That called out the opinion of the 
Attorney General, and it was then that what I 
proposed was acquiesced in. I thought this was 
jn wrilinc, but do not find the paper. 

By M!\ Maivhall: Q. The President seemed 
to think he had a right to send the army under 
the circumstances? A. Yes, sir ; he seemed to 
think so. 

Q. After you sent your written communica- 
tion, giving your views in reference to it, the 
President then left the subject entirely in your 
hands? A. Yes, sir; he left it entirely in my 
hands. I think that is in writing. 

(Witness was directed to furnish a copy of the 
communication.) 

By Mr. Eldridfjo: Q. That was a formal with- 
drawal of his farst opinion? A. Yes, sir. I 
think I was sent a copy of the Attorney Gen- 
eral'fl opinion as a sort of order in the matter, 
virtually leaving it to me. 

Q. After thatlimo you did have the manage- 



ment of it? A. Yes, sir. I sent General Canby 
to Baltimore, and went there twice myself, and 
had troops stop there on their way to theSoutli. 

Q. It was entirely within j'our control? A. 
Yes, sir. 

By the Chairman: Q. They were solely for 
the purpose of being used in the case of a riot? 
A. Solely for that purpose. 

By Mr. Marshall: Q. Merely as a police force? 
A. Yes, sir. 

I desire to make the following explanation of 
my evidence: On examination of the record I 
find there is more matter, in writing, from the 
President than, from memory, I thought there 
was. Also, that I have either misplaced or never 
wrote objections which I made verbally to what 
was asked of the President by Governor Swann. 
of Maryland, in the way of services of United 
States troops, and which the President seemed 
desirous of giving. Governor Swann visited the 
President, to my knowledge, (how often I do not 
know,) before the trial of the Baltimore police 
commissioners, to get the p'-omise of military 
aid in case he should remove them. During the 
trial, and before the promulgation of his find- 
ings, he also visited the President for the same 
purpose. At least once before the trial, and once 
during the progress of the trial of the police 
commissioners, I was sent for to meet Governor 
Swann at the Executive mansion. Much was 
said by me on those occasions, but, as before 
stated, I have confused, in my evidence, what 
was verbal with what was written. 

(The documents following are on pages 37, 38.) 

General Grant on the Removal of General Sheri- 
dan and Secretary Stanton. 

1. president johnson to general grant. 

Executive Mansion, 
Washington, D. C. Aur/ust 17, 1867. 
Dear Sir : Before you issue instructions to 
carry into effect the enclosed order I would be 
pleased to hear any suggestions you may deem 
necessary respecting the assignments to which 
the order refers. Truly, yours, 

Andrew Johnson. 
General U. S. Grant, 

Secretary of War ad interim. 

2. — THE president's ORDER. 

Executive Mansion, 
Washington, D. C., August 17, 1867. 

Major General Geo. H. Tiiomas is hereby as- 
signed to tlie command of the ht'th military dis- 
trict, created by the act of Congress passed on 
the 2d day of March, 1867. 

Major General P. li Sheridan is hereby as- 
signed to the command of the department of 
the Missouri. 

Major General Winfleld S. Hancock is hereby 
assigned to the command of the department of 
the Cumberland. 

The Secretary of War ad interim will give the 
necessary instructions to carry this oider into 
effect. ' Andrew Johnson. 

3. — GENERAL GRANT TO PRESIDENT JOHNSON. 

IlEADCi'r.s Armies of the United States, 
Washington, D. C, August 17, 1867. 
Sir : I am in receipt of your order of this 



LETTERS, PAPERS, TESTIMONY. ETC, 



80'< 



dite, directing the assignment of General G. H. 
Thomas to tlie command of the fifth military 
district, General Sheridan to the department of 
the Missouri, and General Hancock to the de- 
partment of the Cumberland ; also of your note 
of this date, (enclosing these instructions,) say- 
ing : "Before you issue instructions to carry 
into effect the enclosed order, I would be pleased 
to hear any suggestions you may deem necessary 
respecting the assignments to which the order 
refers." 

I am pleased to avail myself of this invitation 
to urge, earnestly urge, urge in the name of a 
patriotic people who have sacrificed hundreds of 
thousands of loyal lives, and thousands of mil- 
lions of treasure to preserve the integrity and 
union of this country, that this order be not 
insisted on. It is unmistakably the expressed 
wish of tb"^ country that General Sheridan 
should not be removed from his present com- 
mand. 

This is a republic where the will of the people 
is the law of the land. I beg that their voice 
may be heard. 

General Sheridan has performed his civil 
duties faithfully and intelligently. His removal 
will only be regarded as an effort to defeat the 
laws of Congress. It will be interpreted by the 
unreconstructed element in the South, those who 
did all they could to break up this government 
by arms, and now wish to be the only element 
consulted as to the method of restoring order, 
as a triumph. It will embolden them to re- 
newed opposition to the will of the loyal masses, 
believing that they have the Executive with 
them. 

The services of General Thomas in battling 
for the Union entitle him to some consideration. 
He has repeatedly entered his protest against 
being assigned to either oft he five military dis- 
tricts, and especially to being assigned to relieve 
General Siieridan. 

There are military reasons, pecuniary reasons, 
and above all patriotic reasons, why this should 
not be insisted upon. 

I beg to refer to a letter marked "private" 
which I wrote to the President, when first con- 
sulted on the subject of the change in the War 
Department. It bears upon the subject of this 
removal, and I had hoped would have prevent- 
ed it.* 

I have the honor to be, with great respect, 
your obedient servant, U. S. Grant, 

Gtneral U. 8. A., Secretary of War ad interim. 

His Excellency A. Johnson, 

President of the United States. 



[♦Private] 

Headq'es Armies of the United States, 
Washington, D. C, August 1, 1867. 

Sir: I take the liberty of addressing you 
privately on the subject of the conversation we 
had this morning, feeling, as I do, the great 
danger to the welfare of the country should you 
carry out the designs then expressed. 

First. On the subject of the displacement of 
the Secretary of War. His removal cannot be 
effected against his will without the consent of 
the Senate. It is but a short time since the 
United States Senate was in session, and why 
'iot thea have asked for his removal if it was 



5. general grant to president fohnson 

Office U. S. Mil. Tel., "War Department. 
Washington, D. C, August 21, 186T. 
To General U. S. Grant. 

General Thomas is absent in West Virginia, 
and has probably not yet seen his orders. He 
has been under medical treatment this summer 
for an affection of his liver, and it would be a 
great risk for him to go South at this time. 
Alexander B. Hasson, 
Surgeon U. S. A. and Med. Director, 

Department of the Cumberland. 
Respectfully forwarded to the President for 
his information, and recommending a suspension 
of the order making change in military com- 
manders. U. S. Grant, General 



desired? It certainly was the intention of the 
legislative branch of government to place cabi- 
net ministers beyond the power of executive 
removal, and it is pretty well understood that, 
so far as cabinet ministers are affected by the 
" tenure -of-office bill," it was intended specially 
to protect the Secretary of War, whom the 
country felt great confidence in. The meaning 
of the law may be explained away by an astute 
lawyer, but common sense and the views of loyal 
people will give to it the effect intended by its 
framers. 

On the subject of the removal of the very able 
commander of the fifth military district, let me 
ask you to consider the effect it would have upon 
the public. He is universally and deservedly 
beloved by the people who sustained this govern- 
ment through its trials, and feared by those 
who would still be enemies of the government. 
It fell to the lot of but few men to do as much 
against an armed enemy as General Sheridan 
did during the rebellion, and it is within the 
.scope of the ability of but few in this or other 
country to do what he has. His civil ■adminis- 
tration has given equal satisfaction. He has 
had difficulties to contend with which no other 
district commander has encountered. Almost if 
not quite from the day he was appointed dis- 
trict commander to the present time, the press 
has given out that he was to be removed ; that 
the administration was dissatisfied with him,&c. 
This has emboldened the opponents to the laws 
of Congress within his command to oppose him 
in every way in their power, and has rendered 
necessary measures which otherwise may never 
have been necessary. In conclusion, allow me 
to say, as a friend desiring peace and quiet, the 
welfare of the whole country North and South, 
that it is in my opinion more than the loyal peo- 
ple of this country (I mean those who supported 
the government during the great rebellion) will 
quietly submit to, to see the very men of all 
others whom they have expressed confidence in 
removed. 

I would not have taken the liberty of address- 
ing the Executive of the United States thus but 
for the conversation on the subject alluded to 
in this letter, and from a sense of duty, feeling 
that I know I am right in this matter. 

With great respect, your obedient servant, 
U. S. Grant, General 

His Excellency A. Johnson, 

President of the United States. 



308 



rOI.ITICAL MANUAL. 



6. — pre=ide:?t jonxsoN's modification of tub 

ORDER. 

IlEADCi'RS Armies of the United States, 
August 22, \iHi7. 
In view of the precarious condition of Gen- 
eral Thomas's health, as re[irfcsented in the 
within despatch of Surgeon Ilasson, General 
Thomas will, until further orders, remain in 
command of the department of the Cuniberhind. 
August 23, 1867. Andrew JonNsoN. 

7. OENERAL GRANT TO GENERAL SHERIDAN. 

[By Telegraph, in cipher.] 

Headq'es Armies of the United States, 
Washington, D. C , August 24, 1867. 
General Thomas's orders to relieve you are 
suspended for the present. Orders will be sent 
by mail. Relax nothing in consequence of pro- 
bable change of commands. 

U. S. Grant, Oencral. 
Maj. Gen. P. H. Sheridan, 

New Orleans, Louisiana. 

8. — president Johnson's second modification 
OF the order. 

Executive Mansion, 
Washington, D. G., August 26, 1867. 

SiB: In consequence of the unfavorable con- 
dition of the health of Major General George 
H. Thomas, as reported to you in Surgeon Has- 
Bon's despatch of the 21st instant, my order 
dated August 17, 1867, is hereby modified so as 
to assign Major General Win field S Hancock to 
the command of the fifth military district, cre- 
ated by the act of Congress passed March 2, 1867, 
and of the military department comprising the 
States of Louisiana and Texas. On being re- 
lieved from the command of the department of 
the Mi^fsouri by Major General P. H. Sheridan, 
Major General Hancock will proceed directly to 
New Orleans, Louisiana, and assuming the com- 
mand to which he is hereby assigned, will, when 
necessary to a faithful execution of the laws, ex- 
erc se any and all powersconferred by acts of 
Coagrsss upon district commanders, and any and 
all authority pertaining to o£Bcers in command 
of military depart-ments. 

Major General P. H. Sheridan will at once 
turn over his present command to the officer 
next in rank to himself, and proceeding without 
delay to Fort Leavenworth, Kansas, will relieve 
Major General Hancock of the command of the 
department of the Mi.ssouri. 

Major General George H. Thomas will, until 
further orders, remain in command of the de- 
partment of the Cumberland. 

Very respectfully, yours, Andrew Johnson 

General U. S. Grant, 

Secretary of War ad interim. 

General Grant's Orders and Telegrams to Mili- 
tary Commanders in the Unreconstructed 

States. 
1. — general grant to general foster, re- 
specting general order 44.* 
Hf.adq'rs Armies of the United States, 
Washington, D. C, August 7, 1866. 
Major General J. G. Foster, TuUahoma, Fla. 
General Order No. 44* is not intended to 



' See page 122 of Miiuual of 1S66. 



apply to offences committed prior to the close 
of hostilities. As a ruU, no arrests should be 
made under it except wtitre the civil authorities 
refuse to make them. Release all prisoners you 
ma)' now have whose oli'ences were committed 
previous to May, 1865. 

U. S. Grant, General. 

2. — general grant to general sheridan. 

Headq'rs Armies of the United States, 
Washington, D. C , August 18, 1866. 
Major General Sheridan, 

New Orleans, Louisiana. 
Instructions to General Foster given some 
months ago prevent citizens of Florida appeal- 
ing to other than the United States courts for 
recovery of property sold for taxes. Those in- 
structions will be now annulled, and purchasers 
will look to civil courts and the civil-rights bill 
for protection. U. S. Grant, General. 

3. — general grant to secretary STAN70N. 

Headq'rs Armies of the United States, 
Washington, November 22, Id^G. 
Hon. E. M. Stanton, Secretary of War. 

Enclosed please find copy of a communication 
addressed to Major General Sheridan, undei date 
of October 17, 1866, giving my constructir n ol 
the President's proclamations upon certain mili- 
tary orders. The construction is the same that 
I understood you to entertain at the time. The 
orders referred to liave not yet been revo'xed, 
nor has any construction of the t-ti'ect of the 
President's proclamation upon these orders b^en 
officially announced to any but General Sheri- 
dan's command. 

I would therefore submit whether my c in- 
struction of the proclamation as above stated is 
correct, so that we may have a uniformity of 
action upon this matter throughout the differr^nt 
commands. 

It is evident to my mind that the provisicns? 
of the civil rights bill cannot be properly en- 
forced without the aid of Order No. 44, or a 
similar one. Even in the State of Kentucky, 
General Jeff. C Davis states that he cannot ev 
force it without the aid of this order. 

U. S. Grant, General. 

To the foregoing communication no answoj 
was ever received; but in answer to a Senate 
resolution, dated January 8, 1867, asking for 
information in relation to violations of the act 
entitled ''An act to yirotect all persons in the 
United States in their civil rights and furnisifi 
the means of their vindication," and what step? 
had been taken to enforce the same, the Presi- 
dent with his message of February 19, 1867, 
submitted, among other papers. Order No. 41, 
which led me to sup[)Ose that he regarded it aj 
still in force. At this time Congress was dis- 
cussing and maturing plans of legislation for th*) 
maintenance and enforcement of law and order 
in the States lately in rebidlion. I therefore 
deemed it unnecessary to take further action in 
the premises, but await the result of congress- 
ional action. 

The preceding correspondence and orders show 
briefly and generally the condition of the fifth 
military district (Florida, Texas, and Louisiana) 



LETTERS, PAPERS, TESTIMONY, ETC. 



309 



prior to the passage of the military reconstruc- 
tioQ bill. As the basis in part of this corres- 
pondence, and exhibiting more in detail the con- 
dition of affairs in difterent localities, the reports 
of subordinate commanders, so far as they are 
on file in this office, are also herewith submitted. 
All of these reports have reached here through 
the regular military channel. 

4. — general gkant to general sheridan. 
Headq'ks Armies of the United States, 
Washington, D. C, October 17, 1866. 

Sir: Referring to your endorsement upon 
communications of General J. G. Foster, com- 
manding district of Florida, of date September 
18 and 20, relative to the effect of the Presi- 
dent's proclamation, &c., I am directed by the 
general-in-chief to enclose you a copy of the 
same, and to say that he construes the proclam- 
ation as nullifying General Order No. 3,* War 
Department, Adjutant's General's office, Jan- 
uary 12, and General Order No. 44,f headquar- 
ters of the army, July 6, 1^^66.1 

I have the honor to be, very respectfully, your 
obedient servant, Geo. K. Leet, A, A. O. 

Major General P. H. Sheridan, 

Commanding Depart, of the Gulf. 

5.— general grant to general SHERIDAN. 

Headers Armies of the United States, 
Washington, November 1, 1866. 
You will instruct General Foster to refrain 
from interference with the execution of civil law 
in Florida, vsrhen the laws of the State are not 
in conflict with laws of the United States. It 
is alleged that orders given by Colonel Sprague 
to officers in Fernandina practically prevent the 
execution of civil law. The duty of the mili- 
tary is to encourage the enforcement of the civil 
law and order to the fullest extent. 
By command of General Grant. 

Geo. K. Leet, A. A. G. 
General Sheridan, 

Commanding Depart, of the Gulf. 



* See page 124 of Manual of 18f)6. 
+ See page 122 of Manual of 1866. 

J General Fester's report is as follows, with General 
Sheridan's indorsement: 

Headquarters District op Florida, 
Assist. Adj. General's Office, 
Tallahassee, Fla., September 20, 1866. 

General: I have the honor to make the fol- 
lowing semi-monthly report of the condition of 
affairs in this district: 

The state of feeling toward the government 
and Union and northern men has not improved 
since my last report, and there have been indi- 
cations that the old bitter feeling engendered by 
the war still rankles in the hearts of many of 
the old secessionists, and that it will find vent 
in words and actions as soon as a favorable op- 
portunity offers. 

In this town, the intendant, assuming that 
the proclamation of the President, of August 20, 
fully restored the supremacy of the civil law 
over the military, essayed to arrest soldiers and 
employes of the United States, wliile in the per- 
formance of their duties, for trilling infractions 
of the municipal ordinance. I was obliged to 
order him peremptorily to desist. To allow the 
D ^ 



6. — general grant to general SHERIDAN 

Headq'ks Armies of the United States, 
Washington, D. C, Sept. 21, 1866. 
Major General Sheridan, NewOrlcans, La. 

Despatches of 20tli received. Your course in 
regard to riot in Brenham, Texas, right, only I 
think troops to defend themselves should be sent 
there without delay. If arms are used against 
peaceable soldiers, disarm citizens. 

U. S. Grant, General. 

7. — general grant to general sheridait. 
Head(j'rs Armies of the United States^ 
Washington, D. C, October 8, 1866. 
Major General Sheridan, New Orleans, La. 

Your despatch of 3d instant just recSived. 
Your views about not authorizing volunteers to 
be raised in Texas, ostensibly to put down In- 
dian hostilities, are sustained. With the mili- 
tary at your command, as full protection can be 
given to the people of Texas as to any other 
exposed settlements. You may so instructGov- 
ernor Throckmorton. U. S. Grant, General. 

8. — general grant to general sheridan. 
Headq'rs Armies of the United States, 
Washington, D. C, October 11, 1866. 
Major General Sheridan, 

Com'g Dejjart. of the Gulf, New Orleans. 
Despatches from the Governor of Texas to the 
President, and newspaper extracts, show Indian 



State or municipal authorities the power of ar- 
resting and trying our officers and soldiers will 
be to give into the hands of our late enemies the 
power of retaliation for past injuries and present 
dislikes. I therefore hope that the supremacy 
of the military in all matters of conflict between 
the United States and municipal authorities, and 
in all actions under express laws of Congress, 
may be preserved. 

I have some trouble in carrying out the pro- 
visions of the "homestead law;" in some locali- 
ties combinations have been formed to resist the 
settlement of the negroes, and to drive them off. 

The freedmen are doing well. 

I have the honor to be, very respectfully, your 
obedient servant, J. G. Foster, 

Bvt. Maj. Gen. U. S. Army, 

Commanding District. 
Bvt. Maj. Gen. Geo. L. Hartsuff, A. A.G., 

Depart, of the Gulf, N. 0., La. 

[Endorsement ] 

Headquarters Department op the Gttlf, 
New Orleans, La., October 6, 1866. 

Respectfully forwarded for the information o£ 
the general-in chief. 

Tiiere has been increased indolence on the 
part of the functionaries of the civil law in 
Florida and Texas, growing out of the procla- 
mation of the President. 

In Louisiana it has not been so, as the proc- 
lamation has never been officially promulgated, 
and as General Orders Nos. 3 and 44, from head- 
quarters of the army, have not been rescinded, 
I have gone on in Louisiana as tliough no proc- 
lamation had been issued. P. H. Sheridan, 

Maj. Gen. II. S. Army. 



310 



POLITICAL MANUAL. 



hostilities to exist on the frontier of that State 
to an extent requiring immediate attention. 
Your despatches on the same subject iiave been 
received and shown to liie President. Please 
report again the latest information you have on 
the subject, and in tlie ineanlinie give such pio 
taction as you can with the means at hand. If 
it is Dece.s.sary to break up any interior posts, 
take such as you think ma}' be best ."pared. 

U. S. Geant, General 

9. general geakt to general sheridan. 

Headq'rs Armies of the United States, 
Washington, D. C, October 12, 1S(JG. 

General: My despatch of yesterday was sent 
to you on receipt of the enclosed, which is for- 
warded for your information. Great care will 
have to be observed to see that no just cause of 
coniplnint can be urged against the army for not 
giving iiro]-.sr protection to the citizens of Texas 
against Indian hostilities; at the same time it is 
equally important that loyal and law-abiding 
citizens should have protection against the vio- 
lently disposed in their midst. I am satisfied 
that you have done and are doing the very best 
that can be done. Your attention, however, is 
called to the enclosed, tliat you may know the 
apprehensions and desire of the President, and 
cause such inspection as will enable you to re- 
port .satisfactorily on the points that give him 
uneasiness. 

Very respectfully, your obedient servant, 

U. S Grant, General. 
Major General P. H. Sheridan, 

Com'g Depart, of the Gulf, New Orleans, La. 

10. general sheridan to general grant. 

Headq'rs Department of the Gulf, 
New Orleans, La., October 12, 1866. 

General: I have the honor to acknowledge 
the receipt of your despatch of the 11th. 

I have no additional news regarding hostility 
on the Texas frontier, and still believe that there 
13 a great deal of buncombe in the reports. 

I have a company of cavalry stationed within 
a few miles of where the alleged massacre took 
f lace, and have no reports from it, and doubt 
whether it really occurred. 

I will, however, send additional troops to the 
frontier without delay, and hope that the nine 
(9) companies of the seventeenth infantry, which 
are now in the north, will be sent to me at once. 

I have notified the Governor of Texas that I 
would send an inspector to the frontier, and that 
I would render such protection as the forces 
within my control would permit of, and would 
establish posts in the e:irly .spring. 

I do not doubt but tliat the secret of all this 
fuss about Indian troubles is the desire to have 
all the troops removed from the interior, and the 
desire of the loose and lazy adventurers to be 
employed as volunteers against the Indians un- 
der the acts of the State Lec;islature. 

P. H. Sheridan, 
Major General U. 8. Army. 
General U. S. Grant. 

Com'ng Armies of the U. S., 

Washington, D. C. 



11. — Gr.SERAL grant TO SECRETARY OF WAK. 

October 13, 1866 
Respectfully referred to the Secretary of War 
for information. More troops will be sent to 
General Sheridan immediately — if, indeed, some 
are not already on the way — which will enable 
him to give all the protection that troops can 
give against Indian hostilities. Occasional 
murders will take place on our frontiers, and 
would if our people were all soldiers. 

U. S. Grant, General. 

12. — general grant to gov. throckmorton. 
Headq'rs Armies of the United States, 
Washington, D C, October 20, 1866. 

Sir : I have the honor to acknowledge the 
receipt of your communication of 5th instant, 
urging upon the general government the accept- 
ance of a regiment of volunteers from the State 
of Texas, to be used in defending the frontier of 
that State against the incursions of hostile In- 
dians, &c. In reply thereto I would state that 
General Sheridan has already sent as large a 
force to the portion of the frontier of Texas in- 
fested by Indians as probably can be supplied 
with forage and provisions during the coming 
winter. If a large force should still prove 
necessary, there are enough United States troops 
on their way or under orders to report to Gen- 
eral Sheridan to supply the deficiency. It is 
deemed, therefore, unadvisable to accept the ser- 
vice of volunteers, whose pay and maintenance 
would have to be provided for hereafter by a 
special appropriation of Congress. 

Very respectfully, your obedient servant, 
U. S. Grant, General. 

His Excellency J. W. Throckmorton, 

Governor State of Texas, Austin, Texas. 

13. — general grant to general SHERIDAN. 

Headq'rs Armies of the United States, 
Washington, D. C., August 3, 1866. 
Major Gener.al Sheridan, 

JVew Orleans, Louisiana : 
Continue to enforce martial law so far as may 
be necessary to preserve the peace, and do not 
allow any of the civil authorities to act if you 
deem such action dangerous to the public safety. 
Lose no time in investigating and reporting the 
causes that led to the riot and the facts which 
occurred. U. S Grant, General. 

14. — general grant to general pope. 
Washington, D C, April 21. im7. 

My Dear General : Having read Governor 
Jenkins's address to the citizens of Georgia, I 
was on the eve of writing you a letter advising 
his suspension and trial before a military com- 
mission, when your despatch announcing that 
the Governor had given such assurances as to 
render your order, in his case, unnecessary, was 
received. I am now in receipt of the order 
itself, and your accompanying letter, and have 
just prepared the enclosed endorsement to go 
with it. 

My views are that district commandeis are 
responsible for the faithful execution of the 



LETTERS, PAPERS, TESTIxMONT, ETC. 



311 



reconstruclion act of Congress, and that in civil 
waiters I cannot give tiiem an order. I can 
give them my views, however, for what they 
are worth. * * * * 

I presume the Attorney General will give a 
written opinion on the subject of tlie power of 
district commanders to remove civil officers and 
appoint their successors. When he does, I will 
forward it to all the district commanders. 

It is very plain that the power of district 
commanders to try offenders by military com- 
missions exists. I would advise that commissions 
be resorted to, rather than arbitrary removals, 
until an opinion is had from the Attorney Gen- 
eral, or it is found that he does not intend to 
give one. * ■» * * 

Yours, truly, U. S. Grant, General. 

Brevet Major General J. Pope, 

Commanding Third Bidrict. 

15. — GENERAL GRANT TO GENERAL POPE. 

Atlanta, Ga, April — , 1867. 
General John Pope, commanding third mili- 
tary district, submits copy of special order 
wliich he intends issuing so soon as he ascertains 
whether Governor Charles J. Jenkins, at the 
time he issued his address, was aware of his 
(General P.'s) Order No. 1.* 

[Enflorsement.] 

Headq'rs Armies of the United States, 
April—, 1867. 

Respectfully forwarded to the Secretary of 
War for his information. Tlie telegraphic des- 
patch herein enclosed shows that Governor Jen- 
kins, of Georgia, has given such pledges to the 
commander of the thiid district as to induce him 
to withhold for the present his order suspending 
the governor. The conduct of the governor 
(Jenkins) demonstrates, however, how possible 
it is for a discontented civil officer of the unre- 
constructed States to defeat the laws of Congress 
if the power does not exist with district com- 
manders to suspend their function for cause in 
some way. It seems clear to me that the power 
is given, in the bill " for the more etficient gov- 
ernment of the rebel States," to use or not, at 
the pleasure of district commanders, the firovis- 
ional machinery set up without the authority 
of Congress in the States to which the recon- 
struclion acts applies. There being doubt, how- 
ever, on this point, I would respectfully ask an 
early opinion on the subject. 

If the power of removal does not exist with 
district commanders, then it will become neces- 
sary for them to take refuge under that section 
of the bill which authorizes military commis- 
sions. U. S. Grant, General. 

16.— general grant to general pope. 
Headq'rs Army of the United States, 
Washington D. C. May 22, 1867. 
The following is sent to district commanders 
for their guidance: 

Was Department, 
Washington: City, D. C, May 18, 1867. 
General: Recent occurrences in some of the 
military districts indicate a necessity of great 

* For order, see page 78 of Manual of 1S67, or page 204 of 
the combiued Manual. 



vigilance on the part of military commanders to 
be prepared for the prevention and prompt sup- 
pression of riots and breaches of the public 
peace, especially in towns and cities, and that 
they should have their forces in hand and so 
posted, on all occasions when disturbances may 
be apprehended, as to promptly check, and, il 
possible, to prevent outbreaks and violence en- 
dangering public or individual safety. 

You will please, therefore, call the attention 
of the commanders of military districts to this 
subject, and issue such precautionary orders as 
may be found necessary for the [lurpose indi- 
cated. Yours truly, Edwin AI. Stanton, 
General U. S. Grant, _ Secretary of War. 
Commanding Armies United States. 

The above conveys all the instructions deemed 
necessary, and will be acted upon by district 
commanders, making special reports of the pre- 
cautionary orders issued by them to prevent a 
recurrence of mobs or oilier unlawful violence. 

By command of General Grant. 

Geo. K. Leet, 
Assista?tt Adjutant General. 
Brevet Major General John Pope, 

Commanding Third Military District. 

17. — GENERAL POPE TO GENERAL GRANT. 

General U. S. Grant, 

Commanding Armies United States. 

Day before yesterday I received a copy of the 
opinion of the Attorney General on registration, 
sent meformy infoi-mation, through the Assistant 
Adjutant General, by order of the President. 

Ten days ago I had made, and published, in- 
structions to registers, which will have to be 
dropped if the Attorney General's ©[linioo ia 
enforced. The opinion sent by the President's 
order does not seem to be an order to ie© on 
the subject; but, as there may be room for 
doubt, I ask that I be informed by telegraph 
whether or not I am ordered by the President to 
conform my action to the- Attorney General's 
opinion. 1 stand' ready tt) obey the President's 
orders on the subject, but I wrote you fully on 
the subject j^esterday, the probable result of en- 
forcing the Attorney General's opinion in thia 
dis-trict ; enclosing also copies of my orders and 
instructions about registration. Jno Pope, 
Major Gentral Commanding. 

18. — GENERAL GRANT TO GENERAL POPE. 

Washingtou, June 28, 1867. 
Major General J. Pope, Atlanta, Georgia. 

Your despatch of yesterday received. Enforce 
your own construction of the military bill, until 
ordered to do otherwise. The opinion of tha 
Attorney General has not been distributed' to 
district commanders in language or manner en- 
titling it to the force of an order; nor can I sup- 
pose that the President intended it to- have-sueh 
force. U. S. Grant, GeneraL 

19. — GENERAL GRANT TO GENERAL ORD. 

Washingtojt, June 23-> I186T. 
Brevet Major General E. 0. C. Ord, 

Commanding the Fourik District. 
General : A copy of your final insbruGtitaaa 
tO' baards of re^stration of June 10;,, 1867, ia 



312 



POLITICAL MANUAL. 



just received. I entirely dissent from the views 
contained in jiaragraph four. Your view as to 
the duty of registrars to register every man 
who will take the required oath, though they 
may know the applicant perjures himself, is sus- 
tained by the views of the Attorney General. 
My opinion is, that it is the duty of the board 
of registration to see, so far as it lies in their 
power, that no unauthorized person is allowed 
to register. To secure this end, registrars should 
be allowed to administer oaths and examine 
witnesses. The law, however, makes district 
commanders their own interpreters of their 
power and duty under it, and, in my opinion, 
the Attorney General or myself can do no more 
than give our opinion as to the meaning of the 
law ; neither can enforce his views against the 
judgment of those made responsible for the 
faithful execution of the law, the district com- 
manders. 

Very respectfully, your obedient servant, 
U. S. Geant, General. 

20. — qeneeal oeant to gejteral pope. 
Headq'es Aemt of the United States, 
Washijigton, D. C., August 3, 1867. 
Dear General : Your official letter on the 
Bubject of reconstruction in the third district, 
and your private letter accomyianying it, are 
received, and I have read both with care. I 
think your views are sound, both in the con- 
etruction which you give to the laws of Congress 
and the duties of the supporters of good gov- 
ernment, to see that, when reconstruction is ef- 
fected, no loop-hole is left open to give trouble 
and embarrassment hereafter. It is certainly 
the duty of district commanders to study what 
the framers of the reconstruction laws wanted 
to express, as much as what they do express, and 
to execute the law according to that interpreta- 
tion. This, I believe, they have generally done, 
and, so far, have the approval of all who ap- 
prove the ■congressional plan of reconstruction. 

* * * * 

Very truly, yours, 

U. S. Grant, General. 
Brevet Major General Jno. Pope, 

CommanrRng Third Mil. Dut., Atlanta, Ga. 

21. — GEXERiL pope TO GENERAL GRANT 

Gener.il U. S. Geant, Commanding Armies. 

Shall I publish the order requiring jurors in 
thie district to take the test-oath as by your in- 
fctruciions, or on my own authority ? I had just 
made an order, but, fortunately, not distrib- 
uted it, to require jurors to be drawn from the 
iist of registered voters. 

John Pope, Major General. 

22. — SENERlJL GRANT TO GENERAL POPE. 

Washington, August 14, 1867. 
Brevet Major General J. Pope, 

Atlauta, Georgia. 
Publish th-e jaryorder which you had prepared. 
The only object in distributing General Griffin's 
'Order was to secure a jury system which will 
.give jirotection to aJ;l.clik66e8. 

U. iS. Grant, General. 



23. — GENERAL GRANT TO PRESIDENT JOHNSON. 

Washington, D. C., October, 1867. 
Andrew Johnson, President of the United 
States, refers letter of Hon. Charles J. Jenkins, 
of Georgia, dated October 18, 1867, relative to 
apportionment of delegates to counties, instead 
of senatorial districts, in State of Georgia. 

[Endorsement.] 

Headquarters United States Aemt, 
October 24, 1807. 
Respectfully returned to the President of the 
United States. It seems to me it would have 
been better to have apportioned delegates to 
counties instead of senatorial districts in the 
State of Georgia, but in view of the nearness 
of the election in that State, (on the 29th inst.,) 
I do not see how the matter can be corrected 
now. I have, however, sent the following des- 
patch to General Pope : 

Washin'Oton, D. C, October 24, 1867. 
Major General JouN Pope. Atlanta, Gcoryia. 

SliiiiiM iKit iiele'j;ate3 to convention in Georgia lie chosen 
by counties inste.ul of liy senatorial districls, to comply fully 
with tlie law? Could not ii cliango be made iu your elec- 
tion order iu time for election iu that State? 

U. S. Grant, General. 

24. — general pope to general GRANT. 

Atlanta, Georgia, October 25, 186/. 
General U. S. Grant: 

If you will examine the returns of registra- 
tion sent you for Georgia, you will see that th& 
apportionments cannot be made by counties 
without giving very unequal representation. 
The counties are small and numerous, and in 
many cases two or three would have to be 
united to make voters enough for one delegate. 
Please try and make the apportionment by 
counties, and you will see that it is not p>rac- 
ticable. I tried it for two days. The districts 
are precisely as they were established by State 
laws, and on examination you will find that the 
apportionment is based precisely on voters, and 
is in all respects the fairest that could be made 
on tlie basis of registered voters. It is too late 
DOW to change, and certainly no man in Georgia 
can complain because I have taken the districts 
established by State laws. I wrote you fully on 
the subject day before yesterday. My purpose 
was to make as little change as possilde in local 
divisions in the State known and recognized by 
State laws. You will receive my letter to-mor- 
row. I send to-day a map of Georgia, with 
number of registered voters for each county 
written on face of county. Please see if it be 
possible to make fairer apportionment than we 
have done. John Pope, 

Bvt. Major General. 

25. — GENERAL GRANT TO GENERAL POPE. 

IlEADa'RS Army of the United States, 
Washington, D.C, October 30, 1867. 
General: Your reply to my letter suggesting 
a revocation of your order suspending State aid 
to the Georgia University, or rather your reply 
to B. II. Hill (and others') apjdication lor such 
revocation, is received. I am abundantlv satis- 
fied myself with your explanation and hope ni» 
more will be heard about it. But your reply 



LETTERS, PAPERS, TESTIMONY, ETC. 



313 



•which I real to the President and cabinet, was 
sent for last evening, and may result in some 
letter, suggestion, or opinion. 

lu your Iptter you say that the subject of the 
Georgia University controversy wiii be submit- 
ted to the convention. I would advise that you 
submit nothing to it officially except the laws of 
Congress authorizing the convention and de- 
fining its duties. A convention is a sort of 
original body to enact laws, or rather to frame 
restriction.-^ and to establish powers within which 
legislative bodies may act. Under such circum- 
stances, it would seem out of place for any au- 
thority to submit questions to such conventions 
as are now being elected in the military districts. 
Yours, truly, U- S. Geant, General. 

Bvt. Maj. Gen. John Pope, 

Com. Third Mil. Dist. 

26. — GENERAL GRANT TO GENERAL POPE. 

Washington, December 23, 1867. 
Bvt. Maj. Gen. John Pope, Atlanta, Ga. • 

The constitutions adopted by the conventions 
now in session are not the law of the States 
until submitted to the people and ratified by 
them. I do not see, therefore, how you can en- 
force laws enacted by them until so ratified. 

U. S. Grant, General. 

27. — GENERAL GRANT TO GENERAL POPE. 

Atlanta, Georgia, December 27, 1867. 
General John Pope, commanding third district, 
relative to refusal of State treasurer, John Jones, 
of Georgia, to pay the members of convention in 
Georgia. — 

[Endoreement.] 

Headq'rs of the Army United States, 
January 6, 1868. 

Respectfully returned. The convention is 
authorized by act of Congress passed March 23, 
1867, supplementary to an act entitled "An act 
to provide for the more efficient government of 
the rebel States," of March 2, 1867, to levy upon 
and collect a sufficient amount of taxes on the 
property of the State as was necessary to pay 
the expenses of the same. The ordinance passed 
by the convention for the purpose, and tlie order 
of the military commander to the State treasurer 
endorsed thereon, is in conformity to the letter 
and spirit of said acts and the acts supplement- 
ary thereto, of July 19, 1867. The government, 
under the constitution of the State of Georgia, 
adopted in 1865, which said treasurer sets up as 
a bar to his compliance with said ordinance, is 
by the said acts of Congress specifically declared, 
with the governments of other States lately in 
rebellion, therein named, to be "not legal State 
governments ; and that thereafter, said govern- 
ments, if continued, were to be continued sub- 
ject in all respects to the military commanders 
of the respective districts and the paramount 
authority of Congress." 

Section 11 of said supplemental-)' act of July 
19, provides: "That all the provisions of this 
act and of the acts to which this is supplementary 
shall be construed liberally, to the end that all 
the interests thereof may be fully and perfectly 
carried out." 

It is clear, from the correspondence between 
General Pope and the treasurer, that the proper 



administration of tlie military reconstruction 
acts requires the removal of said treasurer, and 
the appointment of some person in his stead, 
under section 2 of said supplementary act of 
July 19, who will respect the authority of Con- 
gress, the orders of military commanders, and 
the ordinance of the convention under the same. 
Should the comptroller general of the State, 
as General Pope seems to fear he may, decline 
to execute the ordinance of the convention, thea 
he, too, should be removed. U. S. Grant, 

General. 

28. — general MEADE TO GENERAL GRANT. 

General U. S. Graht. 

The passage of ordinances by the convention 
of Alabama and Georgia enacting stay-laws ia 
producing great suffering in these States, by 
causing expedition to be made in making levies, 
in anticipation of these ordinances having the 
force of law. 

Advantage is being taken of the interval of 
time before these ordinances are laws to hurry 
levies and executions, thus causing these ordi- 
nances, intended as measures of relief, to become 
in reality the means of increasing and greatly 
aggravating the burden of the people. I am, 
therefore, inclined to adopt these ordinances as 
the act of the military authority, and declare 
them to have force until the question is settled 
as to the adoption or rejection of the constitution 
enacting them. I refer to you, because your 
telegram of December 23 is adverse to enforcing 
any of the ordinances of the convention prior 
to the adoption of the constitution, and to ob- 
tain your approval of my proposed action. 

Please answer immediately. 

G. G. Meade, Major General. 

29. — general GRANT TO GENERAL MEADE. 

Washington, January 10, 1868. 
Major General G. G. Meade, Atlanta. Georgia. 
As district commander, I think you will be 
perfectly justifiable in adopting as your own 
order the stay-laws proposed in the constitutions 
to be submitted to the people of Alabama and 
Georgia. This course is different from adopting 
as law the provisions of the constitutions in ad- 
vance of their ratification. 

U. S. Grant, General. 

30. — GENERAL MEADE TO GENERAL QBANT. 

General U. S. Grant. 

I have had a conference with Governor Jen- 
kins, and exerted all my influence to induce him 
to consider the appropriation by the convention 
as an appropriation made by law and not incon- 
sistent with the provisions of the Georgia con- 
stitution, and urged him to sign the warrant 
required by the treasury. The governor de- 
clined, and there is no other alternative but the 
exercise of my power to obtain control of the 
State treasury. To avoid making any more 
changes than are required to effect the object, 
and also the difficulty of finding a suitable per- 
son, and the question of bonds, I propose to 
remove only the treasurer, and to assign to the 
duty Brevet Brigadier General Ruger, with in- 
structions to continue payments as heretofore, 
in accordance with the existing laws of the 



314 



POLITICAL MANUAL. 



State, and to make such paj'ments to the con- 
vention as I siiall authorize, checking thus un- 
necessary r-xi'en<litures. I see no other mode of 
suppl3'ing the wants of the convention, and the 
;ontiuuaiice in session is dependent upon its 
wants being immedialel}' supjilied. It is proba- 
ble other steps may have to be taken before the 
money can be secured, as it is intimated that an 
issue will be made with the view of testing the 
invH'idity of my power. 

Your approval or disapproval is asked at once. 
Geo. G. j\Ie.\de, Major General. 

31 — GESEEAL GRANT TO GENERAL MEADE. 

Washington, January 10, 1868. 
Major General G. G. Meade, Atlanta, Ga. 

Plan proposed in your despatch of last even- 
ing to remove State treasurer of Georgia is ap- 
proved. U. S. Grant, General. 

32. — GEXEEAL GRANT TO GENERAL MEADE- 

Washington, January 13, 1868. 
Major General G. G. Meade, Atlanta, Ga. 

I would not advise interference with elections 
ordered by tlie Alabama convention, unless very 
satisfactory reasons exist for doing so. 

U. S. Grant, General. 

33. — general grant to general meade. 
Washington, January 13, 1868. 
Major General G. G. Meade, Atlanta, Ga. 

You will perceive by the reconstruction acts 
that " conventions are to frame constitutions 
and civil governments for their respective 
States," which clearly implies authority to order 
the election of officers thereunder, and in fixing 
the day of election Alabama has only followed 
a well-established precedent. The governments 
elected cannot assume authority, except under 
orders from the district commander or after ac- 
tion of Congress upon their constitution. 

U. S. Grant, General. 

34. — general grant to general meade. 
Washington, Jamiary 17, 1868. 
Major General G. G. Meade, Atlanta, Ga. 

Congress unquestionably can determine upon 
the questions presented by the governor of 
Florida, whatever may be the authority of dis- 
trict commanders over such cases. General 
Pope having practically settled the matter com- 
plained of by his action before you assumed 
command of the third district, it is deemed judi- 
cious not to interfere with the meeting of the 
convention at tiie time ordered by him, but 
leave the whole matter to Congress in its final 
action. U. S. Grant, General. 

35.— general grant to general meade. 
Washington, January 25, 1868. 
Major General G. G. Meade, Atlanta, Ga. 

Will it not be well to extend the number of 
days the polls are to be kept oj)en at the Ala- 
bama elf'Ction, in order to give full opportunity 
to all who register to vote? Two days will 
hardly give sufficient time. It would bo better 
to amend General Pope's order now than after 
the election had commenced. 

U. S. Grant, General. 



3G. — general grant to general meade. 

HEADaUAUTERS Al'.MY OE THE UnITED StATES, 

Washington, April 29, 1868. 
Major General G. G. Meadio. 

Atlanta, Georgia. 
I have carefully read your letter of IGth of 
April and its enclosures. I see nothing in them 
to ciiange my opinion as expressed to you in my 
despatch of March 2, 1868. Tlie officers elected 
under the new constitution of Georgia are not 
officers of the provisional government referred 
to in the reconstruction acts, nor are they officers 
elected under any so-called State authority, and 
are not, therefore, required to take the oath pre- 
scribed in section 9, act of July 19, 1867. T!ie 
eligibility to hold office must be determined by 
the new constitution and the amendment to the 
Constitution of the United States, designated a,s 
article 14. U. S. Grant, General. 



General Grant's Order Respecting the Keattfta- 
tion of Removed Civil Officers. 

Headquarters of the Army, 
Adjutant General's Office, 
Washington, August 29, 1867. 
Speciiil Orders, No. 420. 

Commanders of the military districts created 
under the act of March 2, 1867, will make no 
appointments to civil office of persons who have 
been removed by themselves or their predeces- 
sors in command. 

By command of General Grant. 

E. D. ToWNSEND, 

Assistant Adjutant General. 



Extract from General Grant's Report as Secre- 
tary of War ad interim, Referring to Recon- 
Btruction, November, 1867. 

By act of Congress the ten southern States 
which have no representation in the national 
councils are divided into five military districts, 
each commanded by an officer of t'.ie army of 
not less rank than brigadier general. The 
powers of tliese commanders are both civil and 
military. So far as their military duties are 
concerned, they are under the same subordina- 
tion to tlie General of the army and Secretary 
of War tliat department commanders are. In 
their civil capacity they are entirely indepen- 
dent of both the General and Secretary, except 
in the matters of removals, appointment, and 
detail, where the General of the army has the 
same powers as have district commanders. It 
is but fair to the district commanders, however, 
to state that, while tliey iiave been thus inde- 
pendent in their civil duties, there has not been 
one of them who would not yield to a positively 
expressed wish, in regard to any matter of civil 
administration, from either of the officers placed 
over them by the Constitution or acts of Con- 
gress, so long as that wish was in tlie direction 
of a proper execution of the law for tlie execu- 
tion of which they alone are resf>onsible. I am 
pleased to Say that tlie commanders of the five 
military districts have executed their difficult 
trust faithfully and without bias from .any judg- 
ment of their own as to the merit or dement of 
the law they were executing 



LETTERS, PAPERS, TESTIMONY, ETC. 



315 



FIRST MILITARY DISTRICT 
Comprises the State of Virginia, Brevet Major 
General J. M. Scliofield cominanding. In as- 
puming command, the principle was announced 
by General Schofield that the military power 
conferred by act of Congress on the district 
commauder would be used only so far as was 
necessary to accomplish the purposes for which 
the power was conferred. The civil government 
was interfered with only when necessary, and 
the wisdom. of the policy has been demonstrated 
by the result. The instances of complaint of 
the action of the civil courts became exceedingly 
rare. Still the evil which existed prior to the act 
of Congress of March 2, 1SG7, though mitigated 
by the increased efficiency of civil officers, was 
not removed. It was an evil in the jury system, 
apparent at all times, and fully developed by 
the natural antagonism between loyalist and 
rebel, or the prejudice between white and black, 
existing throughout the South since the rebellion. 
The first idea was to admit blacks on juries and 
pre.-icribe a test of loyalty. But as the require- 
ment of a unanimous verdict* must give very 
inadequate protection where strong prejudice of 
class or caste exists, and as a military change 
of jury system would be but temporary, it was 
determined to leave its change to the convention 
soon to meet, and be content with a system of 
military commissions. Such commissioners were 
appointed from officers of the army and Freed- 
meu's Bureau in the different cities and counties 
of the State, with powers of justices of the peace, 
while the State was divided into sub-districts, 
under commanders whose powers were ultimately 
increased to those of circuit judges, taking juris- 
diction only in cases where civil autliorities 
failed to do justice. The system has given a 
large measure of protection to all classes of citi- 
zens, with slight interference with the civil 
courts. 

Since the publication of the act of March 23, 
1867, all elections have been suspended. Exist- 
ing State, county, and municipal officers were 
continued in office. Vacancies have been filled 
by the district commander. The number of re- 
movals has been five, and of apjiointments to fill 
vacancies one hundred and five. 

In executing the registration a board of officers 
was first appointed to select registering officers. 
The selections were made with great care, and 
the officers so selected have, with few exceptions, 
done their duty in the most satisfactory manner. 
Carefully prepared regulations for the boards of 
registration were issued, being made as specific 
as possible, so as to secure a uniform rule of dis- 
franchisement throughout the State. In pre- 
bcribing them, the district commander was con- 
trolled by the belief that the law made him 
responsible for its correct interpretation, as well 
as its faithful execution. 

The results of the first session of the register- 
ing boards were all received on September 15. 
One hundred and fifteen thousand and sixt}'- 
eight whites, and one hundred and one thousand 
three hundred and eighty-two colored, regis- 
tered; one thousand six hundred and twenty 
whites, and two hundred and thirty-two colored, 
being rejected. The tax list of 18G6"'G7 (not 
(juite complete) returns about one hundred and 



thirty-six thousand white male adiUs, and 
eightj'-seven thousand colored male adults 
This indicates that the number of whites dis- 
franchised, or who have failed to register, is about 
nineteen thousand, and that about fifteen thou- 
sand more colored men have registered tlian 
were on the tax lists Hence it may be inferred 
that nearly all ma'e adults, white or colored, not 
disfranchised, have registered. 

The principle upon wliich the apportionment 
was made was to give separate representations 
to the smallest practicable subdivisions of the 
State, and where fractions remained over to so 
combine counties in election districts as to justly 
represent those portions. This is believed to be 
the fairest mode of apportionment practicable 
under the law. 

SECOND MILITARY DISTRICT 

Comprises the States of North Carolina and 
South Carolina, Brevet Major General E. R. S. 
Canby, commanding. Major General Daniel E, 
Sickles, who was originally assigned to the com- 
mand of this district, was relieved, and General 
Canby assigned by the following order of the 
President: 

(General Orders No. 80. — See Chap. Proclama- 
tions and Orders.) 

"In order to secure a more efflcient administratioD of jus- 
tice it WHS deemed neceesary to place all sheriffs and other 
iiiuniciprtl offiiers under the immediate control of a military 
otKcer. Accordingly all bucIi officers were directed to re- 
jiort to the Provost Marshal General, and to make monthly 
reports of 'crimes committed' and 'prisoners confined.' 
The reports of prisoners confined has aided materially in 
detecting illegal imprisonments or punishments, and has 
enabled the district commander to secure the release of 
many Union men and freeiluien, against whom much gross 
injustice had been committed. 

"A bureau of civil affairs was established, to take charge 
of all matters pertaining to registration; and its duties 
were afterwards extended to include all questions of pro- 
tection to person or property arising under the laws of Con- 
gress. One hundred and seventy registration precincts were 
eatablished in North Carolina, and one hundred and nine 
in t^outli Carolina. 

" In North Carolina there were registered 103,060 whites, 
and 71,657 blacks; ami in f^outh Carolina, 45.751 whites, and 
79,5S5 blacks. Registration proceeded very slowly on ac- 
count of slowness of communication with distant parts of 
the district. 

" Of the appropriation made by Congress, $54,802 87 have 
been expended, and outstanding liabilities will exceed the 
balance on hand $19+,8li2 87. 

" The present condition of the district is so satisfactory as 
to warrant Jbe belief that after elections the number of 
military posts in both States can be diminished," 

THIRD MILITARY DISTRICT 

Comprises the States of Georgia, Florida, and 
Alabama, Brevet Major General John Pope, com- 
manding. 

"On assuming command an order was issued" by Gen- 
eral Pope "continuing in office State officials, but forbidding 
their opposing the reconstruction acts, prohibiting elec- 
tions except under those acts, and giving notice that all 
vacancies in civil offices would be filled by the district 
commander. Becoming satisfied subsequently that State 
officials, while obeying the order personally, yet officially, 
by their patronage, encouraged papers opposing the recon- 
struction act, an order was issued forbidding official pat- 
ronage to such papers. 

"In consequence of the riot at M'yoile,an order was issued 
holding city and county officers responsible for the preserv- 
ation of peace at all public meetings, and requiring the 
United States troops to assist thera when called on. No 
disturbances have since occurred. 

" Under the laws of the State no colored persr n could be 
admitted to the jury-box, and there was no surety of justice 
to Union men, to people from the North, (and especially 
ex-Union soldiers.) or to colored persons, from juries in- 
flamed with hostility towards such classes. 

" There is a very large number of ca^e3 of wrong perpe" 
trated by such juries in the district on file. 



sm 



POLITICAL MANUAL. 



"Accordingly nn order was iss led directing all juries to 
be draWQ indiscriminately from the list of voters registered 
by tlio boards of ref;i8tration. 

" Very few civil otBcers have been removed, and those, in 
almost every case, were removed for refusing to comply 
Tvitli orders. Appointments to fill vacancies have only been 
made where the daily business of tlio people demanded it. 

"The Statu Ireusnrers of (jeorgia, Alabama, and Florida 
have been ordered to make no payments afti-r the appro- 
priations of tlio present fi.'-cal year have expired, save on 
warrants ap|)roved by the liistiict ronnnander, as it is be- 
lieved that a new Le>;islatHre will not continue or approve 
many of the appropriations nnide. 

" In exicuting the registration, it was deemed advi^<alile 
that no officer nor soldier of the United States should be 
employed, and accordingly each boaiii of registration was 
appointed from among the citizens living in the district, 
and to consist of two white men and one colored. A fixed 
Bum was paid for registering each name, the average for 
the district being twenty-six cents per name. 

"There were registered in Georgia 95,214 whites, and 
93,457 colored: in Alabama 74.450 whites, and 90,350 col- 
ored, and in Florida 11,1^0 whites, and 15,357 colored. The 
amount expended in regi-tration, Ac, has been $162,325. 

" The apportionmentof deb'gates was made in Georgia for 
State eenatorial districts, and in Alabama for Eepreseutativo 
districts, fixed by an order. Polls were ordered to be 
opened at each county seat." 

FOUETH MILITARY DISTRICT 

Comprises the States of Mississippi and Arkan- 
sas, Brevet Major General E. O. C. Ord, com- 
manding. 

"The reconstruction measures of Congress are unpopular 
with a majority of the white people, but their execution 
has met with slight opposition, the ignorant and lawless, 
from whom alone trouble was to bo apprehended, having 
been kept in order by the troops distributed through the 
States. 

" The civil laws have not been interfered with when 
equally administered, except to remove from the civil courts 
cases of crime charged against jiersons who, being opposed 
to the rebellion, had reason to fear prejudice. Also freed- 
xnen's cases, where the courts were practically closed 
against them ; and cases of horse-stealing, and violations 
of acts of Congress, for all of which military commissions 
have been organized. 

"The officers of the provisional State government have 
continued in office, except where they have failed to per- 
form their duties. It is difiiciilt to find competent men who 
can qualify to fill vacancies iu civil offices, some of which 
are consequently vacant. 

" In consequence of the indisposition (as manifested of 
late) of tho civil authorities in Arkansas to take action iu 
offences of an aggravated nature against freedinen, orders 
have been issued for the trial of all such cases by military 
commission, and for prompt action to be taki'U for the pun- 
ishment of civil officers who fail to issue writs against of- 
fenders committing assaults, iS:c.,against freedmeu, and pro- 
bibitiug bail for the appearance of such crimiQals." 



The extension of suffrage to freedmen has evi- 
dently aroused a sentiment of hostility to the 
colored race, and to northern men in many 
parts of the district, which did not exist before: 
and General Ord is convinced that a larger force 
than is now stationed in those States to preserve 
order and organize conventions, will be required 
hereafter to protect tliem and secure the freed- 
men the u.^e of the suffrage. 

"In a majority of the counties of this district there are 
very few men who can take the testoatli, and thcso are not 
disposed to defy public opinion by accepting office, urxless 
supportediby a military force afterwards. 

"The will of the colored people may be in favor of sup- 
porting loyal office-holders, but their intelligence in not 
now sufficient to enable them to combine for the execution 
of thi-ir will. All their combinations are now conducted 
by white men, under the protection of the military: if the 
protection is withdrawn, the white men now controlling 
would withdraw with it ; and some of the southern people, 
now exasperated at what they deem the freednien's pre- 
sumption, would not be very gentle towards them, so that 
the preseme of a larger military force will be required 
for some time to maintain the freedmen in the right of 
suffrage." 

FIFTH MILITARY DISTRICT 

Comprises the States of Louisiana and Texas, 
Brevet Major General J. A. Mower, command- 
in". 

No report has yet been received from General 
Mower, but it is expected in time for the meet- 
ing of Congress. 

Major General P. H. Sheridan, who was orig- 
inally assigned to the command of this district, 
■was relieved, and General Hancock assigned, by 
the following orders of the President. On the 
decease of Brevet Major General Charles Griffin, 
designated as the officer next in rank to whom 
General Sheridan should turn over the com- 
mand until General Hancock assumed it, General 
Mower succeeded to the command : 

(General Orders 77 and 81. — For which see 
Proclamations and Orders.) 

Generals Sheridan and Sickles having been 
relieved before the period for submitting their 
annual reports, none have been received from 
them. They have, however, been called on re- 
cently to suiamit reports, which may be expected 
before the meeting of Congress. 



XXVII. 



DIGEST OF ORDERS OF THE MILITARY COMMANDERS, 

AND GENERiVL ACTION UNDER THE RECONSTRUCTION ACTS * 



First Military District— Virginia. 

Ib67, March 15 — (Ic-noial SchoGeld prohibited 
\?hipping or maiming of the person as a punish- 
ment for any crime, nii-^demeanor, or offence. 
An order wa^. i.-suod, same day, disbanding and 
proliibiting any furiher organization of the 
militia forces of the Siuie. 

♦ For previo\is 0;(iers rel.riing to Reconstruction, seo 
pagei*7:!-»5l of flie .Manual of 1S(J7, or pages iyO-2u7 of tho 
combined .Manu.il. 



April 2 — Board of officers appointed to select 
boards of registration, one to be an officer of the 
army or Freedmen's Bureau if possible, and tho 
oth«ra either army officers or honorably dis- 
charged volunteer officers, or loyal citizens of 
the proper city or county, or any other loyal 
citizen. No registering officer to be a candidate 
for any elective office. All elections suspended 
i till tho completion of registration, vacancies to 
I be filled by the commanding general. All offl- 



DIGEST OF ORDERS, ETC. 



31T 



cers under the provisional government to take 
the test oath of March 23, 1867. In registering, 
whites and colored to be entered in separate 
columns. 

May 2S — Where civil authorities fail to give 
adequate protection to all persons in their rights 
of person and property, it was announced that 
military commissioners would be appointed ; 
trials by the civil courts preferred in all cases 
where there is satisfactory reason to believe that 
justice will be done. 

June 3 — It was held, respecting the right to 
be registered, tliat persons wlio volwitarily 
joined the rebel army, or persons who in that 
army committed voluntarily any hostile act, were 
disqualified; but persons who were forced into 
it, but avoided, as far as possible, doing hostile 
acts, and escaped from it as soon as possible, 
were not disqualified. Persons who voted for 
the secession ordinances were disqualified. 
Giving individual soldiers food or clothing 
enough to relieve present sufiering did not work 
disqualification. 

June 26 — It was decided that, as the laws of 
Congress declared there was no legal government 
in Virginia, the Alexandria constitution does 
not disfranchise any persons. 

July 13 — It was decided that the President's 
pardon does not restore political rights, but 
merely civil; and, July 15, that it does not re- 
move disfranchisement which exists without it. 

July 26 — All persons hereafter appointed to 
take the test oath of July 2, 1862, in lieu of that 
of March 23, 1867. Sub-district commanders 
directed to report names of all State, county 
and municipal officers who are "di.sloyal to the 
United States, and use their official influence to 
prevent reconstruction under acts of Congress." 

August 16 — A fine imposed by court, April 
27, 1867, of two thousand dollars in "Confed- 
erate currency," was ordered scaled at the then 
rate, and $88 80, in lawful currency of United 
States, directed to be accepted by the court, in 
payment. 

September 12 — Election ordered for October 
22, on a convention ; 105 delegates to be elected 
at the same time. 

September 21 — Persons subject to parole upon 
the surrender, who have avoided giving it, are 
directed to take the prescribed parole within 
thirty days. 

September 24 — Delegates to the State conven- 
tion not required to take the oath prescribed for 
officers of the United States. 

September 2.5 — A person who held no office 
prior to the war, and who was elected and served 
as a member of the secession convention, and 
was afterwards engaged in rebellion, is not 
thereby disfranchised. 

October 3 — Armed secret societies forbidden. 

October 31 — Tlie regular session of the Legis- 
lature elected in 1866 dispensed with. 

November 2 — Vote on convention announced: 
169,229 votes cast, of which 107,312 were for, 
and 61,887 against, a convention. December 
3d fixed as the time, and hall of House of Dele- 
egates, Riclimond, as the place of meeting. 

December 2 — General 0. 0. Howard instructs 
General 0. Brown, of Freedmen's Bureau, to 
allow no man to suffer for food, and to assist to 



a home and employment those who he ascer- 
tains may have been, or may be, discharged foi 
having voted as they pleased. 

December 3 — Convention met. Adjourned 
April 17, 1868, having adopted a constitution. 

1868, March 12 — Sales of property under 
deeds of trust suspended where such sales would 
result in a ruinous sacrifice or leave infirm per- 
sons without support. 

April 4 — Tiie office of Governor of Virginia 
having become vacant by the expiration of Gov- 
ernor Piorpoint's term, and he being ineligible 
for the next term, Henry H. Wells was appointed. 

June 2 — General Stoneman assumed com- 
mand. 

No provision has thus far been made for sub- 
mitting the constitution to a popular vote. 

Second Military District— North and South Car- 
olina. 

1867, April 18 — General Sickles i.=sued an or- 
der that, it liaving become apparent that justice 
to freedmen cannot be obtained in the civil 
Courts of Edgefield and Barnwell districts, a 
provost court be established, with jurisdiction of 
any case to which a person of color is a party, 
except murder, arson, and rape. 

April 20 — No sentence of such court, affecting 
the liberty of any person, to be executed till ap- 
proved by the commanding general. 

April 27 — Local election in Nevvbern sus- 
pended ; and officers appointed, and required to 
take the oath of March 23, 1867. 

May 8 — Piegistration announced to be begun 
on the third Monday in July ; registering officers 
to be appointed, and required to take the test 
oath of July 2, 1862. 

May 15 — Commanding officers of posts au- 
thorized, upon sufficient cause shown, to grant 
permission to public officers to carry arms when 
necessary in the discharge of their duties. 

May 20 — Distillation of spirits from grain 
prohibited ; violation of this order to be con- 
sidered a misdemeanor. 

May 30 — Any citizen, a qualified voter under 
the reconstruction laws, declared to be eligible to 
office in the provisional government of North 
and South Carolina. All citizens who have paid 
assessed taxes for the current year declared qual- 
ified as jurors ; and juries to be hereafter drawn 
from such persons. All citizens are eligible to 
follow any licensed calling, employment or 
avocation, subject to impartial regulations pre- 
scribed by municipal or other competent author- 
ity, the bond required as security not to exceed 
$100, with one or more sureties worth double 
the amount of the bond. All contracts for the 
manufacture, sale, or transportation, storage, or 
insurance of intoxicating liquors to bo treated 
as against public policy. In public conveyan- 
ces, on railroads, highways, streets, or navigable 
waters, no discrimination because of color or 
caste shall be made, and the common rights of 
all citizens therein shall be recognized and re- 
spected ; a violation of this regulation to be 
deemed a misdemeanor, and to render the offend- 
er liable to arrest and trial by a military tri- 
bunal, besides such damages as may be recovered 
in the civil courts. The remedy by distress for 
rent is abolished, where lands are leased or let 



3t8 



POLITICAL MANUAL. 



out for hire or rent. No license for the sale of 
intoxicating liquors in quantities less than one 
gallon, or to be drank on the premises, shall be 
granted to any person other tlian an inn-keeper. 

June 19 — General Sickles asked to be relieved 
from command of the district, and asked a court 
that he might vindicate himself from the accusa- 
tion of the Attorney General. 

August 1 — Tiie session of the Legislature of 
Nortli Carolina, elected in 1S66, indefinitely 
postponed. 

August 10 — Order of May 30 suspended in its 
application to the superior and county courts 
of North Carolina, on account of the inability of 
the latter to revise the jury lists. 

August 17 — The finding of a court-martial 
confirmed, fining the captain of a steamer $250 
for refusing a person a first-class ticket on ac- 
count of color. It was added : " So long as the 
laws imposed civil and political disabilities be- 
cause of servitude or color, carriers were per- 
mitted to enforce thesame discrimination among 
passengers. Such disabilities and usages have 
ceased, with slavery, to have an}' legal sanction. 
Whatever belongs of common right to citizens, 
necessarily follows the recognition of the blacks 
as citizens, and belongs to tliem." 

September 5 — The act of ttie Legislature of 
North Carolina, of Marcli 7, 1867. " for the re- 
lief of executors, administrators, &c.," annulled 
as in violation of the Constitution of the United 
States, and in violation of the acts of Congress 
passed prohibiting all acts in aid of the late re- 
bellion. Courts directed to dismiss judgments, 
orders, and decrees, under said legislation. 

September 5 — General Canby assumed com- 
mand. 

September 13 — General Canby ordered that all 
citizens assessed for taxes, and who shall have 
paid taxes for the current year, and who are 
qualified and have been or may be duly regis- 
tered as voters, are declared qualified to serve as 
jurors. Anj' r- quirement of a property qualifi- 
cation for jurors is hereby abrogated The col- 
lection of certain illegal and oppressive taxes, 
imposed in parts of North and South Carolina, 
was .suspended. 

October IG — An election ordered in South 
Carolina, November 19 and 20, for or against a 
"convention," and for delegates to constitute 
the Convention. Violence, or threats of violence, 
or of discliarge from employment, or other op 
p»ressive agencies against the free exercise of the 
ri^ht of suffrage, prohibited. All bar-rooms, 
saloons, &.C., ordered closed from 6 on the even- 
ing of November 18 to 6 on tlie morning of No- 
vember 21. Military interference, unless "ne- 
cessary to repel the armed enemies of the United 
States or to keep the peace at the polls," pro- 
hibited. 

October 18 — A similar order issued for North 
Carolina, fixing the election November 19 and 
20. 

October 19 — Order issued suspending Hon. A. 
P. Aldrich f)om the exercise of all functions as 
judge of tlie court of common pleas and gen- 
eral sessions; and Gov. Orr authorized to pro- 
vide for holding his term of court, by assigning 
another judge. The election of municipal ofii- 
%(iT8 in CiiarlestOQ forbidd3n. 



November 27 — Prosecutions instituted in some 
of the courts of North Carolina for acts of war 
committed during the existence of hostilities, in 
violation of the true intent of the amnestv act 
of that State of Dec. 22, 18G6, were prohibited. 
Also, ordered, that all parol "contracts, between 
any persons wliatever, whereof one or more of 
them shall be a person of color," shall be of the 
same validity, be established by the same evi- 
dence, be determined by the same rules, and be 
enforced in the same manner as in like contracts 
where all the parties thereto are whites. 

December 3— A sy.stem of taxation estab- 
lished, for the support of the provisional gov- 
ernment of South Carolina for the year from 
October 1, 1867, to September 30, 1868. Appro- 
priations ordered for the various offices and ex- 
penses of tlie State. 

December 28 — Tlie election declared to have re- 
sulted in favorof aconvention ; and the delegates 
notified to meet in Charleston, January 14, 1868. 

December 31 — Convention declared carried in 
North Carolina; and the delegates notified to 
meet in Raleigh, January 14, 1868. 

December 31— Judgments or decrees for mo- 
ney, or causes of action, from May 20, 1861, to 
April 20, 1865, in North Carolina, and from De- 
cember 19, 1860, to April 29, 1865, in South 
Carolina, ordered not to be enforced, kc. All 
proceedings for the recovery of money for the 
purchase of slaves, made after January 1, 1863, 
suspended. Proceedings in any court in either 
State, recognizing or sanctioning the investmenl 
of the funds of minor heirs, or females, or in- 
sane persons in the securities of the late rebel 
government, or the war securities of either State, 
will be suspended till the validity of such in- 
vestments shall be determined by United States 
courts or by additional legislation. Power to 
grant licenses for the sale of liquors remitted to 
local authorities. 

1868, January 14 — Conventions of both States 
met, and adjourned March 17. 

February 6 — Ordinance of South Carolina 
Convention for the collection of taxes, pro- 
mulgated, and the assessors ordered to collect the 
taxes therein levied. State Treasurer autliorized 
to pay the expenses of the Convention. 

February 12 — Same with regard to the North 
Carolina Convention. 

February 27 — Where advances are made by 
General R. K. Scott, assistant commissioner of 
Bureau of Refugees, in behalf of the Govern- 
ment of the United States, in aid of the de- 
pressed agriculture of South Carolina, these a(f- 
vances shall be a lien upon the produce of the 
plantation. 

March 13 — An election to be held in South 
Carolina, April 14 and 16, for or against the 
constitution, and on the same ballot for Stata 
ofiicers, and Refiresentatives in Congress, one for 
each of the four districts and two at large. 

March 23 — An election ordered for North 
Carolina, April 21, 22, 23; regulations pre- 
scribed. 

April 8 — Quarantine of ports of South Caro- 
lina established. 

May 2 — Constitution announced ratified by a 
majority of the votes actually cast by the quali- 
fied electors of South Carolina. 



DIGEST OF ORDERS, ETC. 



Oxif 



May 12 — Constitution of N.-irth Carolina an- 
uonnced similarly ratified. 

June 15 — W. W. Ilolden, Governor elect of 
North Carolina, called a meeting of the Legisla- 
ture for July 1. 

Third Military District— Georgia, Alabama, and 
Florida. 

1867, April 4 — General Pope issued an order 
directing post commanders to report acts of local 
or State autliorities or tribunals which discrim- 
inate against persons on account of race, color, 
or political opinion. 

April 8 — Registration order issued. It pro- 
vides, among otlier sections : 

" It is desirable that in all cases the registers 
shall be civilians where it is possible to obtain 
such as come within the provisions of the act 
and are otherwise suitable persons; and that 
military officers shall not be used for the pur- 
pose, except in case of actual necessity. 

'• The registers are specifically instructed to see 
that all information concerning their political 
rights is given to all persons entitled to vote 
under the act of Congress ; and tliey are made 
responsiltle that every such legal voter has the 
opportunity to record his name. 

" Interference by violence, or threats of vio- 
lence, or other oppressive means to prevent the 
registration of any voter, is positively prohib- 
ited; and any person guiUy of sucli interference 
shall be arrested and tried by the military author- 
ities." 

April 11 — Headquarters removed to Atlanta. 

April 12 — General Wager Swayne issued this 
order at Montgomery, Alabama: 
General Orders, No. 3. 

I. Complaints of hardship in the needless 
apprenticing of minors, particularly in pursu- 
ance of the preference given to the " former 
owner" in the law, have been almost incessant. 
It is enjoined upon probate judges, upon appli- 
cation, to revise the action taken in such cases, 
and as a rule to revoke indentures made within 
the past two years of minors who were capable 
of self-support. 

II. Tlie attention of magistrates is called to 
the repeal by the last Legislature of the "va- 
grant law," approved December 15, 18G5, and 
published with the code. Attempts which are 
Btill made to put it into execution v/ill hereafter 
be the subject of military cognizance. 

III. The use of " chain-gangs " as a mode of 
legiil punishment being found to involve serious 
abuses, will be henceforth discontinued, except 
in connection with the penitentiary. 

May 1 — Tlie use of the " chain-gang" as a 
mode of legal punishment in Georgia is ordered 
discontinued, except in cases connected with 
pri,>oners sentenced to the penitentiary. 

May 21 — The States of Georgia and Alabama 
divided into registration districts, the boards of 
registration for each district to consist of two 
white registers and one colored, each to take the 
test oath of July 2, 1862. Violence and threats 
prohibited. 

May 29 — The duties of mayor, chief of police, 
&c., defined, in view of the riot at Mobile. 

June 17 — Special instructions given tc regis- 
Uring boards in Florida. 



August 2 — No civil court will entertain any 
action against officers or soldiers, or otlier.=, for 
acts performed in ac'?ordance witli tlie orders of 
the military auth-^rities. All such suits now 
pending to be dismissed. 

August 12 — Ordered, that all advertisements 
or other official puljlications umler State or mu- 
nicipal authority sliall be made in such news- 
papers only as have not opposed and do not op- 
pose reconstruction under acts of Congress, no'' 
attempt to obstruct the civil officers appointed 
by the militarj'- authorities. 

August 19 — Grand and petit jurors, and all 
other jurors, shall hereafter be taken exclusively 
from the lists of voters without discrimination, 
as registered. Sheriffs to require jurors to swear 
that they have been registered. Jurors already 
drawn shall take this oath or be replaced by 
those who can. 

August 26 — General Pope disclaimed the pur- 
pose to interfere with the relation of debtor and 
creditor under State laws, not considering a stay 
law to be within his province to adjust. 

August 31 — An election ordered in Alabama 
on a convention, and for delegates, October 1, 
to continue three days. 

September 19 — -A like election ordered for 
Georgia, October 29, to continue three days. 

October 30 — Polls ordered to be kept open till 
6 p. m., November 2. 

October 5 — A like election for Florida, Novem- 
ber 14, to continue three days. 

October 18 — Convention declared carried in 
Alabama, names of delegates announced, and 
convention directed to meet in Montgomery, 
November 5. 

October 19 — Post and detachment command- 
ers directed to furnish to the proper civil officers 
such military aid as may be needed to enable 
them to collect taxes imposed by the laws of tiie 
State. 

November 5 — Alabama Convention met ; ad- 
journed December 6. 

November 7 — General Swayne ordered, for the 
purpose of securing to agricultural laborers pay- 
ment for the labor of this year, a lien in their 
favor upon the crops grown on the farms on 
which they are respectively employed, said lien 
to attach from date and be subordinate to prior 
liens. 

November 19 — Convention declared carried in 
Georgia, names of delegates announced, and 
Convention directed to meet in Atlanta, Decem- 
ber 9. 

November 26 — Payment of expenses of Ala- 
bama Convention by State treasurer authorized. 

December 9 — Georgia Convention met; ad- 
journed March 11, 1868. 

December 20 — Election on Alabama constitu- 
tion ordered for February 4, 1868, to continue 
four days. Lists of voters to be i evised for four- 
teen days prior to election. State officers and 
Representatives in Congress to be voted for at 
same time, as provided by the election ordinance. 

December 27 — All military organizations ex- 
pressly prohibited ; and no parading of armed 
men permitted, except of United States troops. 

December 28 — Convention declared carried m 
Florida ; delegates announced, and called to 
meet at Tallahassee, January 20, 1868. 



320 



POLITICAL MANUAL. 



1868, January 6 — General Meade assumed 
command. 

January 10 — The ordinance of the Alabama 
Convention, to .stay the collection of debts, was 
announced as Vo be deemed to have taken effect 
from this date, and continue in full force unless 
the pending constitution should not be accepted ; 
but if it be adopted, tlie ordinance to be valid 
till Congress shall act on the constitution. 

January 11 — State officers admonished not to 
interfere, under color of State authority, with 
the exercise of military authority in the States 
composing this district. 

January 12 — General Meade sent this tele- 
gram : 
" General U. S. Grant : 

'•Unlcps llie pendins bill in ConRTPss, directing military 
Commnnd<TS to fiU all offices in the State under their coni- 
Diand, rescinds the test o:ith and provides for selection from 
qnalified voters, I am informed its execution in this district 
will be entirely impracticable." 

January 13— Tiiis order was issued: "Charles 
J. Jenldns, Provisional Governor, and Jno. Jones, 
provisional treasurer, of the State of Georgia, 
having declined to respect the instructions of 
and failed to co-operate with the major general 
commanding the third military district, are here- 
tv removed from ofSce." Brevet Brigadier Gen- 
eral Thomas II. Ruger appointed Governor, and 
Brevet Captain Charles F. Rockwell to be trea- 
surer of Georgia. 

January 15 — Order issued, that the frequency 
of reported outrages, and the accompanying ex- 
pression of opinion of subordinate officers, that 
no j ustice is to be expected from the civil author- 
ities, require notice and action on the part of the 
major general commanding, who instructs the 
military to co-operate with the civil in detecting 
and capturing criminals, but states that where 
the civil authorities fail to do their duty, he will 
take prompt action for the punishment of crim- 
inals and the removal from office of derelict civil 
officers. 

January 16 — The Georgia ordinance of relief, 
of December 12, 1867, was announced as having 
taken effect, till the Convention take further 
action, or further orders are issued. 

January 17 — John T. Burns removed as 
comptroller, and Captain Charles Wheaton ap- 
pointed his successor, who was also appointed 
secretary of State, vice N. C. Barnett, removed. 

January 20 — Florida Convention met; ad- 
journed February 25. 

January 29 — The Florida ordinance of re- 
lief, of January 21, 1868, given effect as in the 
case of Georgia. 

February 2 — The order of August 12 last 
modiGed so as to apply only to such newspapers 
as attempt to obstruct in any manner the civil 
officers appointed by the military, in the dis- 
charge of their duty, by threats of violence, 
prosecution, or other penalty to be enforced as 
toon as military protection is withdrawn 

February 3 — Registered voters may vote any- 
where in the Stale on constitution, on proof of 
registration. 

February 4 — 8,111 less than half the regis- 
cered vote of Alabama cast for the constitution. 

February 11 — The assistant commissioner of 
freedmen's affairs urged freedmen to make con- 
tracts for the pre.sent year, and to disregard the 



bad advice given them by others not to make 
contracts but await relief from the Atlanta Con- 
vention. 

February 22 — Imprisonment for debt in Geor- 
gia prohibited, in accordance with an ordinance 
of the Convention. 

February 28 — All civil courts and officers 
whose duty it is to provide for the relief of pau- 
pers, shall extend relief to all persona entitled to 
relief, as such, without any discrimination as to 
race or color. 

March 14 — An election ordered in Georgia, 
to commence April 20, 1868, to continue four 
days, on the ratification of the constitution 
adopted by the Convention ; State officers and 
Representatives in Congress to be voted for at 
same time. 

!March 16 — An election ordered in Florida, first 
Monday, Tuesday, and Wednesday of May, for 
like purposes. 

March 18 — In all the jails and other prisons, 
colored prisoners are to receive the same food, 
in quality and quantity, as white prisoners, and 
the sheriffs shall get the same fees for victualling 
all classes of prisoners. 

March 26 — Freedmen being threatened with 
discharge, " for the purpose of controlling their 
votes, or of restraining them from voting," bu- 
reau officers were directed by the superintend- 
ent of registration, E. Hulbert, to report all cases 
of interference with their political rights. 

April 3 — General Meade, on being applied to, 
expressed the opinion that Judge Irwin was in- 
eligible for the governorship of Georgia. April 
4, he gave tiie opinion that General John B. 
Gordon was eligible, under the acts of Congress. 

April 4 — General Meade issued an order, of 
which tins is tlie first paragraph : 

" I. The recent assassination at Columbus, Ga., 
of the Hon. G. W. Ashburn, late a member of 
the Constitutional Convention of said State, and 
other acts of violence and atrocity committed 
about the same time in various parts of this dis- 
trict, and the simultaneous publication ef incen- 
diary articles, and the receipt by many persons 
of threatening letters, indicating a concert of 
action, by violence and intimidation, to alarm 
and overawe a large part of the population, and 
by this means affect the results of pending elec- 
tions in this district, all of which acts appar- 
ently emanate from a secret organization, for 
no good purpose, which seems to be rapidly 
spreading through these States, make it neces- 
sary for the commanding general to warn all 
persons against the commission of such acts, the 
publication of such articles, the sending of such 
letters, or connecting themselves with such evil 
organizations, and to assure all the good people of 
this district that he will use all the powers he 
possesses to protect them in the peaceable enjoy- 
ment of their homes and property, and in the 
exercise of their personal riglits and political 
privileges. 

" Military and civil ofBcers are directed to arrest 
and bring to trial persons who may print and 
circulate incendiary papers or threatening letters; 
and conductors of newspapers and other print- 
ing offices are prohibited from publishing articles 
tending to produce intimidation, riot, or blood- 
shed ; public writers and speakers are enjoined 



DIGEST OF ORDERS, ETC. 



321 



lo refrain from inf-latnmatory appeals, and mili- 
tary and municipal officers required to organize 
patrols to delect such persons as avail themselves 
of the secrecy of the night for executing their 
criminal purposes. Good citizens are called on 
to aid in preserving the peace, and are admon- 
ished that if intimidation and violence are not 
checked, bloody retaliation may be provoked." 
April 6— General Meade ordered an election 
in Georgia, April 20, for Governor, General As- 
eembl3', county officers, and Representatives in 
Congress. 

Fou/th Military District— Mississippi and Ar- 
kansas. 

1867, A{>ril 5 — Headquarters transferred to 
Vicksburg. 

April 13 — General orders or circulars of the 
assistant commissioner of refugees to be sub- 
mitted, prior to promulgation, to General Ord. 

April 15 — No elections to be held for any 
purpose, till a registration of voters be made. 
Freedmen urged not to neglect their business to 
engage in political discussions, but to continue 
to provide for themselves and families, lest " a 
famine may come and they have no food." Due 
notice will be given of the times and places for 
registration. 

May 6 — Attention called to the prevalence of 
horse-stealing, and post commanders directed to 
exert themselves to break it up. 

May 13 — Instructions to registering officers 
directed the exclusion of all persons who held 
an office under the General Government prior 
to the war, and who afterwards engaged in or 
gave aid and comfort to rebellion. Registers 
not permitted to be candidates for Convention, 
or to make speeches, or electioneer for or against 
any candidate for office. 

June 12 — Sales of land, implements, stock, 
&c.; under authority of State courts, where the 
cause of action accrued prior to January 1, 1866, 
stayed till December 30, 1867, to go into etfect 
in Mississippi June 20, and in Arkansas June 30. 
Illicit distilling of corn into whiskey, prohib- 
ited ; property seized for violation of this order 
to be sold for the benefit of the poor. 

June 17 — A poll-tax having been imposed 
upon freedmen by the county boards of police 
in Mississippi, under Section II of the act of 
Legislature of November 21, 1865,* " An act to 
amend the vagrant laws," it being, so far as it 
discriminates against freedmen, manifestly con- 
trary to the civil rights act, all civil officers are 
forbidden to collect it. 

June 29 — An order issued, reciting that, as 
mistaken ideas on the subject of registering and 
voting may spread or arise among the freedmen 
in this district, which, if not corrected, would 
tend to prevent them from registering and 
voting, sub-district commanders will direct the 
agents of the Bureau of Refugees, Freedmen, 
and Abandoned Lands to visit every important 
plantation witiiin their reach and instruct the 
freedmen upon these points. They and regis- 
ters will inform the freedmen that the registra- 
tion, v/here their names have to be entered and 
an oath taken, is not for the purpose of impos- 
ing any tax, or holding them to any military or 



21 



* See page 30 of Manual of 1866. 



other service, but simply to enable them (o share 
equally with the white men in tlie privilege of 
choosing who shall hold office in tiie county, 
State, and United States wherein they reside, 
and that unless they register they may be de- 
prived of this privilege. 

Whenever freedmen are interfered with, threat- 
ened or deprived of any advantage, place, or hire, 
on account of their registering or showing a wish 
to register, they will be informed it is their duty 
to report, such interference or deprivation, so 
that the party offending may be dealt with ac- 
cording to law. Registers and officers of the 
army throughout the district will re[iort all such 
offenders to the assistant adjutant general at 
these headquarters, with tiie names of witnesses, 
date, and places given carefully, so that the of- 
fence may be punished. 

July 29 — An order issued notifying all State 
and municipal officers that any attempt to ren- 
der nugatory the action of Congress designed 
to promote tlie better government of the rebel 
States, by speeclies or demonstrations at public 
meetings in opposition thereto, will be deemed 
sufficient cause for their summary removal. Tho 
same prohibition in regard to speeches will be 
applied to all officers holding appointments from 
these headquarters, and to officers of the army 
in this district 

August 13 — An order issued, that the general 
commanding having been credibly informed that 
in some instances land-holders within this dis- 
trict are, without legal cause, but u[ion frivolous 
pretexts, driving off their laborers, with a view 
to withhold their arrears of wages, or share in 
the growing crops, assistant commissioners of 
the Bureau of Refugees, Freedmen, and Aban- 
doned Lands will instruct their subordinates 
carefully to investigate every such case which 
may come to their knowledge, affording all the 
parties a full hearing, so that, should the cir- 
cumstances as developed disclose, on the part of 
the employers, cruel treatment of the laborer, or 
an attempt to defraud him of his wages, the of- 
fender may be brought to trial before a military 
commission. 

Where laborers on the crop of 1866 have not 
been paid, the removal of the crop is prohibited 
till the claim can be adjusted by three referees, 
(one to be selected by each party and the third 
by them,) "the courts of the States in this dis- 
trict not being open to persons too poor to give 
bonds." 

August 31 — It was held that an attorney or 
counsellor at law is not an officer in the sense of 
the acts of Congress relating to registration, and 
voting for secession was giving aid and comfort 
to the enemies of the United States. 

September 6 — Where a person, indicted for a 
criminal offence, can prove by two credible wit- 
nesses that he was a loyal man during tho re 
hellion, believes that he cannot by reason ol 
that fact get a fair and impartial trial by jury, 
the court will not proceed to try the case, but tho 
papers shall be transmitted to these headquar- 
ters. As freed people bear their share of taxa- 
tion, no denial to them of the benefit of those 
laws will be tolerated, and a refusal or neglect 
to provide properly for colored paupers will be 
treated as a dereliction of official duty. 



322 



POLITICAL MANUAL. 



f^epiembe! 9 — Tlie ast ambling of armed or- 
ganizations or bodies of (.-itizens, under any jire- 
tence whatever, is i)rolubitfd. 

Se[itember 10 — rersons connected with the 
rebel armies, who have avoided taking the parole 
oath, will, within 30 ilays, report, and take it. 

September '26 — Registration having been com- 
pleted, an election for or against a convention, 
and for delegates, will he held on the first Tues- 
day in November. Judges and clerks of election 
to t^ke the test oath ; registration to be revised 
for fourteen days prior to election; sheritT of 
each county made responsible for good order; 
public bar rooms closed; no register, judge, or 
clerk, to be a candidate. 

September 27 — Election for convention or- 
dered in Arkans.as, first Tupsday in November. 

December 5 — It was ordered that, in conse- 
quence of stolen goods bcins sold or delivered 
after dark, traders and all other parties are forbid 
purchasing or delivering country supplies after 
sunset till market hour in the morning, and 
making such sale or delivery a military offence. 

December 5 — A "Convention" declared car- 
ried by a majority of the registered vote in each 
State. The delegates for Mississippi are called 
to meet at Jackson, on January 7, and of Ar- 
kansas at Littie Rock on January 7- All per- 
sons not in the military service, and not properly 
engaged in executing the laws, are prohibited 
from carrying concealed weapons. 

December 12 — Whenever a citizen is arrested 
by the military, he will be at once furnished 
witli a written copy of the charges. Writs of 
habeas corpus by United States courts will be in 
all cases obeyed and respected by all ofBcers of 
the military service in this command. 

December 14 — SheriflPs and other peace officers 
are requested to be prf^pared, with the aid of the 
pome comitatus, to arrest, disarm, and confine 
offeoders against the peace arui good order of 
the community; vaprancy and crime are to be 
suppressed. This order covered a proclamation 
of Governor Humphreys, of December 9, to this 
effect : 

Wiiereas comir inications have been received 
at this office, frTm gentlemen of high official 
and social position in different portions of the 
State, expressing serious apprehensions that 
combinations ''nd conspiracies are being formecl 
;arnong the Hacks, " to seize the lands and es- 
tablish farnrs, expecting and hoping that (Jon- 
gTiess will prrange a plan of division and distri 
Vuition," 'but unless this is done by January 
oezt. they will proceed t^ help themselves, and 
flre^^termined to go to war, and are confident 
that tik'^y will be victors in any conOict with the 
whi,te*"/' a^ud furnish names of persons and 
T'lAC'Cf, ; aud 

Whereas similar communications have been 
r<-«eived at headquarters fourth military tlistrict, 
aiid referred to me for my action, ami the co- 
operation of the civil autliorities of the State, 
with tlie United States military, in suppressing 
violence and maintaining order and peace — 

Now, therefore, I, Benjamin G. Humphreys, 
Governor of Mississipjii, do i.ssue this my proc- 
lamation, admonishing the black race, that if 
any such hopes or expectations are entertained, 
you have been grossly deceived, and if any com- 



binations or con.opiracies have ber:n formed, to 
carry into effect such purposes by lawless vio- 
lence, I now warn you that you cannot suc- 
ceed. 

Upon the reference of the papers referred to 
in tills proclamation to General Ord, he, under 
date of November 2, instructed General Gillera 
to learn what white men have been advising the 
freedmen to take arms, seize lands, or do any 
other illegal act, and to instruct the leading 
freedmen that Congress has no intention to take 
land from the late masters for the benefit of 
former slaves. General GiUem ordered promptly 
to arrest all incendiaries. Gov. Humphreys, in 
his proclamation, admonished the whites that, 
as they prized constitutional liberty for them- 
selves, they must accord to the black race the 
full measure of their rights, privileges, and 
liberties secured to them by the Constitution and 
laws of the land; that they must deal justly 
with the blacks, and in no case undertake to re- 
dress wrongs, except in the mode and manner 
authorized by law. 

December 16 — It was declared that boards of 
arbitration for the protection of laborers, would 
be hereafter appointed only where a laborer may 
complain that his wages or share of the crop is 
wrongfully withheld from him, and where a 
landlord or merchant may complain that the 
planter has fraudulently assigned to the laborer 
an undue share of the crop, to the injury of the 
complainant. 

December 17 — All freedmen who are able will 
be required to earn their support during the 
coming year. Those who can, but will not 
work, will be liable to arrest as vagra.nts. 

December 19 — County courts in Arkansas di- 
rected to make immediate provision for their 
poor. 

December 21 — Result of election in Arkansas 
on convention officially declared, and conven- 
tion directed to assemble. 

1868, January 7 — Arkansas Convention met; 
adjourned February II. Same day — Mississippi 
Convention met; adjourned May 18. 

January 9 — An order was issued restoring to 
the civil courts of Mississipjii the jurisdiction 
of general cases of horse-stealing, &c. ; though, 
should it appear that any person charged with 
this crime could not obtain an impartial trial by 
reason of his political sentiments or his race, the 
jurisdiction shall still remain in the hands of the 
military. 

January 27 — Hereafter all questions arising 
from settlements of crojis, and generally the re- 
lations of debtors and creditors of civil suitors, 
will be left to the proper civil courts, except 
such cases affecting the rights of freedmen, or 
others, as by acts of Congress are specially com- 
mitted to the care of the Bureau of Refugees, 
Freedmen, and Abandoned Lands. 

February 4 — The general commanding re- 
fused to issue an order for the relief of debtors, 
believing that the homestead and exemption 
laws of Mississippi placed every one beyond the 
necessity of sucli protection. 

February 14 — Election on constitution of Ar- 
kansas, State officers, and Representatives in 
Congress, ordered for March 14. 

March 14 — Election held iu Arkansas 



DIGEST OF ORDERS, ETC. 



323 



April 13 — Remits to civil courts jurisdiction 
of any violalion of the laws of the State of Mis- 
sissippi in relation to carrying concealed 
weapons. 

May 19— An election was ordered to be held 
in Mississippi, June 22, on tlie ratification of the 
constitution and for the election of members of 
Congress and State officers. 

June 4 — General McDowell assumed command 
of the department. 

June 16 — He removed Governor Humphreys 
of Mississippi and Attorney General Hooker, 
and appointed General Adelbert Ames military 
governor, and Captain Jasper Myers attorney 
general. 

Fifth Military District— Louisiana and Texas, 

March 28 — No elections will l)e held till the 
reconstruction laws shall have been complied 
with. 

April 8 — An election in the parish of Living- 
ston, Louisiana, annulled. 

April 20 — Registration boards appointed. 

April 27 — General Gritfin, reciting that per- 
sons disqualified by law are drawn to serve as 
jurors in the civil courts of Texas, directed that 
hereafter no person shall be eligible to serve as 
a juryman until he sliall have taken the test- 
oath of July 2, 1882. The second section of 
the civil rights act was published for the guid- 
ance of officials autliorized to impannel jurors. 
[General Griffin vindicated this order, May 29, 
stating it was not his intention to yirescribe 
whether jurors should be white or black ; but to 
prevent the filling the jury-boxes with men of 
secession antecedents, inimical to the General 
Government, and hostile towards Union citizens, 
who were applying from all parts of the State for 
protection against the unjust action of the courts.] 

May 2 — An order issued, reciting that an act 
of the Legislature of Louisiana, of February 12, 
1866, providing that officers and men of tiie po- 
lice force of New Orleans shall read and write 
the English language, and have resided upwards 
c^ five consecutive years in the city, having been 
passed for the purpose of excluding ex-Union 
soldiers from the police force, and every ex-Union 
soldier had been discliar.ged from it to make 
room for those of rebellious antecedents, so much 
of the act as requires the five years' I'esidence 
was suspended, and a residence of two years 
adopted. The mayor, Edward Heath, ordered 
to adjust the police force so that at least one- 
half shall be composed of ex-Union soldiers. 

May 3 — New board of levee commissioners 
appointed. 

May li — Registration boards notified that 
false certificates of naturalization have been is- 
sued from some of the district courts of New 
Orleans, and to report ihem whenever found. 

May 16 — The carrying of fire-arms in New 
Orleans prohibited except by those authorized or 
required by law to do so in discharging oflicial 
duties. 

May 25 — Collection of taxes in Texas levied 
during the rebellion prohibited. 

June 3 — The order appointing a new board of 
levee commissioners suspended, under President 
Johnson's directions. J. Madison Wells having 
made himself an impediment to tke faithful exe- 



cution of the reconstruction act, was removed 
as Governor of Louisiana, and Thomas J. Durant 
appointed thereto. William Baker appointed 
street commissioner of New Orleans, in place of 
the incumbent, removed for neglecting to keep 
the streets of the city clean. 

June6 — Benjamin F. Flanders appointed Gov- 
ernor, in place of Mr. Darant declined. 

June 10 — The act of tiie Legislature of Texas, 
October 11, 1866, passed to get rid of Judge 
Thomas H. Stribling and W. P. Bacon, Union 
men, because of their political opinions, was 
annulled. 

June 29 — Registration extended till further 
orders, by direction of President Johnson. 

July 19 — Registration ordered to cease on the 
31st instant. 

July 27 — The old board of levee commission- 
ers reinstated. 

July 30 — J. W. Throckmorton, Governor of 
Texas, removed as an impediment to reconstruc- 
tion, and E. M Pease appointed. 

August 3 — Civil tribunals in Texas ordered to 
disregard an act of legislation, November 1, 1863, 
regulating contracts for labor. 

August 8 — Judge Edward Dougherty. 12tli 
district of Texas, removed for denying the su- 
premacj'' of the laws of Congress, and Edward 
Basse appointed. 

August 17 — Election ordered in Louisiana on 
a convention and for delegates, September 27 
and 28, the Convention to consist of 98 members. 
Commissioners of election ordered to do every- 
thing requisite to secure a full and impartial 
expression of the opinions and wishes of the 
people through the ballot-box. 

August 22 — General Griffin issued an order, at 
Galveston, that all distinctions on account of 
color, race, or previous condition, by railroads, 
or other chartered companies, that are common 
carriers, are forbidden in the district of Texas. 

August 24 — Registration being complete, no 
person not registered in accordance with law 
shall be considered "a duly qualified voter of 
the State of Louisiana." Only those duh' regis- 
tered are eligible, under the lav/s of Louisiana, 
as jurors; and the necessary revision of the jury 
lists is ordered to be made immediately, the State 
exemption from jury duty to remain in force. 

September 1 — General Sheridan relieved. 

September 6 — (jeneral Charles Griffin, upon 
whom the command temporarily devolved, tele- 
graphed General Hartsuff, A. A. G., from Gal- 
veston, to transact all business as if General 
Sheridan had remained in command and received 
his anticipated leave of absence. 

September General Joseph A. Mower as- 
sumed command. 

September 17 — The assembling of armed men 
for political and other purposes, and posting 
them as sentinels or videttes, prevalent in vari- 
ous parts of Louisiana, are prohibited. 

September 19 — All persons subject to parole, 
now domiciled in Louisiana and Texas, ordered 
to give their paroles within thirty days. 

September 28 — All persons duly registered in 
Texas, and no others, will be eligible as jurors. 

October 21 — Convention declared carried, and 
delegates ordered to meet in New Orleans No- 
vember 23. 



324 



POLITICAL MANUAL 



November 16 — Harry T. Hays removed as 
Sheriff of New Orleans, and George W. Avery 
appointed. 

November 12 — R. King Cutler appointed judge, 
in place of A. Cazabat, resigned. 

November 21 — Albert Voorliies removed as 
Lieutenant Governor, and several other State 
officers ; and, November 22, this order was sus- 
pended. 

November 29 — General Winfield S Hancock 
assumed command. He issued this order: 

II. The general commanding is gratified to 
learn that peace and quiet reign in tiiis depart- 
ment. It will be his purpose to preserve tiiis 
condition of things. As a means to this great 
end, he regards the maintenance of the civil 
authorities in tlie faithful execution of the laws 
as the most efficient, under existing circum- 
stances. 

In war it is indispensable to repel force by 
force, and overthrow and destroy opposition to 
lawful authority. But when insurrectionary 
force has been overthrown and peace established, 
and the civil authorities are ready and willing 
to perform their duties, the military power 
ehould cease to lead, and the civil administra- 
tion resume its natural and rightful dominion. 
Solemnly impressed with these views, the gen- 
eral announces that the great principles of 
American libert}' still are the lawful inheritance 
of this people and ever should be. The right of 
trial by jury, the habeas corpus, the liberty of 
the press, the freedom of speech, and the natural 
rights of persons, and the rights of propert}', 
must be preserved. 

Free institutions, while they are essential to 
the prosperity and happiness of the people, 
always furnish the strongest inducements to 
peace and order. Crimes and offenses committed 
in this district must be referred to the consider- 
ation and judgment of tlie regular civil tribu- 
nals, and those tribunals will be supported in 
their lawful jurisdiction. 

Should tliere be violations of existing laws, 
which are not inquired into by the civil magis- 
trates or should failures in the administration 
of justice by the courts be complained of. the 
cases will be reported to these headquarters, 
when such orders will be made as may be deemed 
necessary. 

While the general thus indicates his purpose 
to respect the liberties of the people, he wishes 
all to understand that armed insurrections or 
forcible resistance to the law will be instantly 
suppressed by arms. 

By command of Major General W. S. Hancock. 
W. G. Mitchell, 
BvL Lieut. Col., Acting Assist. Ad'ft Oen. 

December 2 — R King Cutler's ay)pointment as 
judge revoked ; and, December 3, A. Cazabat 
appointed. 

December 5 — This order was issued by General 
Hancock : 

Tlie true and proper use of military power, 
besides defending the national honor against 
foreign nations, is to uphold the laws and civil 
government, and to secure to everv person re- 
siding among us the enjoyment of life, liberty, 
and property. It is accordingly made, by act of 
Congress, the duty of the commander of this 



district to protect all persons in the.se rights, to 
suppress disorder and violence, and to punish, 
or cause to be punished, all disturbers of the 
public peace and criminals. 

The commanding general has been oflicially 
informed that the administration of justice, and 
especially of criminal justice, in the courts is 
clogged, if not entirely frustrated, by the en- 
forcement of paragraph No. 2 of the military 
order numbered : Special Orders 125, current 
series, from these headquarters, issued on the 
24th of August, A. D. 18G7, relative to the 
qualifications of persons to be placed on the jury 
lists of the State of Louisiana. 

To determine who shall and who shall not be 
jurors appertains to the legislative power ; and 
until the laws in existence regulating this subject 
shall be amended or changed by that depart- 
ment of the civil government, which the con- 
stitutions of all the States under our republican 
system vest with that power, it is deemed best 
to carry out the will of the people as expressed 
in the last legislative act upon this subject. 

The qualification of a juror under the law is 
a proper subject foi- the decision of the courts. 
The commanding general, in the discharge of the 
trust reposed in him, will maintain the just 
power ot the judiciary, and is unwilling to per- 
mit the civil authorities and laws to be embar- 
rassed by military interference; and as it is an 
established fact that the administration of justice 
in the ordinary tribunals is greatly embarrassed 
by the operations of Faragrapli No. 2, Sjiecial 
Orders No. 125, current series, from these head- 
quarters, it is ordered that said paragrajih, which 
relates to the qualifications of jurors to be placed 
on the jur}''-li=ts of the State of Louisiana, be, 
and tlie same is hereby, revoked, and that the 
trial by jury be henceforth regulated and con- 
trolled by the Constitution and civil laws, with- 
out regard to any military orders heretofore is- 
sued from these headquarters. 

December 18 — Election ordered in Texas on a 
convention, and for delegates, February 10, 11, 
12, 13, and 14, 1868. 

1868, January 1 — General Hancock issued this 
order: 

Applications have been made at these head- 
quarters implying the existence of an arbitrary 
authority in the commanding general touching 
purel}- civil controversies. One petitioner so- 
licits this action, another that, and each refers 
to some special consideration of grace or favor, 
which he supposes to exist and which should in- 
fluence this department. The number of such 
applications, and tlie waste of time they involve, 
make it necessary to declare that tlie adminis- 
tration of civil justice appertains to the regular 
courts. The rights of litigants do not depend on 
the views of the general. They are to be ad- 
judged and settled according to the laws. Arbi- 
trary jiower, such as he lias lieen urged to as- 
sume, has no existence here. It is not found in 
the laws of Louisiana or Texas. It cnnnot be 
derived from any act or acts of Congress. It is 
restrained by a constitution, and prohibited from 
action in many particulars. 

The major general commanding takes occasion 
to rejieat that, while disclaiminc; judicial func- 
tions in civil cases, he can suffer no forcible re- 



DIGEST OF ORDERS, ETC. 



325 



eistance to the execution of processes of the 
courts. 

By command of Major General Hancpck. 
G. L. Haetsuff, A- a. G. 

January 2 — Mr. Joshua Baker anpcinted Gov- 
ernor in place of Hon. B. i^'. Fhvnders, resigned. 

January 8 — Mr. Baker took the oath of office 
as Governor of Louisiana. 

In May, 1S07, General Sheridan distributed 
memoranda of diiquHlifications, and questions 
to be proposed for tlie registers. Their sub- 
Btance was to da dare disqualified all who had 
acted as United States Senators or Representa- 
tives, electors, officers of the army and navy, 
civil officers of the United States, and all State 
officers provided for by the constitution of the 
State prior to January 26, 1861, who had after- 
wards engaged in the rebellion, and all who, in 
1862 and 1864, claimed protection of foreign 
Powers. If any person applying to be regis- 
tered, having held such office, declared that he 
had been engaged in the rebf Uion, or if the reg- 
isters knew them to have been so, they must not 
be registered. 

On the 11th of January, 1868, General Han- 
cock set aside these memoranda, declaring tiiat 
he dissented from tlie construction given to the 
reconstruction laws therein, inasmuch as it ap- 
plied to the officers of municipal and charitable 
corporations, which were not included in the act 
of March 23, 1867, and whose exclusion is di- 
rectly contrary to that of July 19. Orders the 
registers to be guided by their own interpreta- 
tion of the laws and the XlVth Constitutional 
Amendment. 

February 7 — For proceeding to hold an elec- 
tion, in coutemiit of orders from headquarters, 
certain members of the board of aldermen of 
New Orleans were removed and others appoint- 
ed in their place. 

February 27 — The preceding order was re- 
voked by direction of General Grant. 

March 11 — Election ordered in Louisiana on 
April 17 and 18, on the constitution adopted by 
the Convention. 

March 13 — It was decided that a pardon did 
not entitle a person to be registered, if he would 
have been disqualified without the pardon. 

March 2-5 — Election ordered for State officers 
and Representatives in Congress at the same time 
with the vote on the constiiution. 

Mav 13 — The result of the election declared, 
17.413 majoiity for the constitution. 

June 2 — The names of the members of the 
General Assembly, State officers, parish officers, 
and judicial officers were announced. TiieGen- 
erai Assembly was forbidden to convene till the 
commanding general was officially notified of 
the acceptance by Congress of the constitution, 
after which he would appoint a day for their 
meeting to act on the XlVth constitutional 
amendment. The civil government hereby 
provided for is provisional in its character until 
after the adoption of the XlVth constitutional 
amendment. Article 158 of the new constitu- 



tion of the State provides that the terms of 
office of all civi'l officers elected under it shall 
date from the first Monday in November follow- 
ing the election. Therefore, the officers whose 
election is herein announced will only enter 
upon and hold their offices from that date. A 
vacancy occurring in any office in the meantime 
will be filled preferably by the person who has 
been elected to it. 

If any of the officers whose election is hereia 
announced shall be disqualified on the first. Mon- 
day in November, 1868, to hold office, the in- 
cumbent at tiiat date will hold over until the 
disability shall have been removed or a new 
election held, 

June 6 — The municipal officers chosen were 
announced and ordered to be installed in New 
Orleans on the 10th inst., and in other ydaces on 
the seventh day after the receipt of the order. 

June 6 — The chairman of the board of regis- 
tration, S. B. Packard, issued a proclamation 
reciting the j)rovisons of the constitution requir- 
ing all civil officers to enter on their duties on 
the second Monday after the official promul- 
gation of the election returns, and requiring the 
General Assembly to- meet on the third Monday 
after such promulgation : declaring that the 
commanding general had violated such pro- 
vision, and that to the board of registration had 
been delegated by the Convention the power to 
inaugurate the new State government; notifies 
all officers to take po.ssession of their offices, and 
the General Assembly to meet, on the days above 
named. 

The same day Mr. Packard was arrested, but 
released on recognizance to appear before a mili- 
tary commission to be immediately organized. 

June 8 — General Grant telegraphed to General 
Buchanan as follows : 

In view of the legislation now pending relative to 
the admission of Louisiana, I would suggest suspen- 
sion of all action in case of Packard'.*! arrest and trial. 
U. S. Grant, General. 

Same day — General Buchanan accordingly 
announced a suspension of arrest and further 
action respecting Packard and the other mem- 
bers of the board of registration. 

June 16 — The Constitutional Convention of 
Texas passed a resolution urging upon Congress 
the necessity of authorizing the organization by 
that body of a military force in the several 
counties of Te.^as, to act in conjunction with, 
and under the direction of, the military com- 
mander tlierein, for the protection of the lives 
and property of the citizens now every day 
being preyed upon by assassins and robbers to 
an extent unparalleled in the history of civil- 
ized communities in times of peace, and which, 
if not speedily arrested, must result in the de- 
struction of social order; and that if protection 
be not speedily provided in some form by the 
national Government to the loyal and law-abid- 
ing citizens of Texas, they will be compelled, ia 
the sacred right of self-defence, to organize for 
their own protectioa 



XX.VIII, 



ABSTRACTS OF THE NEW CONSTITUTIONS 

OF MVRYLVND VND KEW YORK, ALABAMA, ARKANSAS, FLORIDA, LOUISIANA, GEOR- 
GIA, i\ORTII CAROLINA, SOUTH CAROLINA, VIRGINIA AND MISSISSIPPI. 



Constitution of Maryland adopted in 1867. I 

In the declaration of rights are the following: | 

That the people of this State have the sole and 
xclusive right of regulating the internal gov- 
ernment and police thereof, as a free, sovereign, 
and independent State. 

That the levying of taxes by the poll is griev- 
ous and oppressive, and ought to be prohibited ; 
that p;nii>er3 ought not to be assessed for the 
support of the government. 

That slavery shall not be re-established in 
this State ; but having been abolished under the 
policy and authority of the United States, com- 
pensation in consideration thereof is due from 
the United States. 

That no religious test ought ever to be re- 
quired, as a qualification for any office of profit 
or trust in this State, other than a declaration 
of belief in the existence of God ; nor shall the 
Legislature prescribe any other oath of office 
than the oath prescribed by the constitution. 

All elections by ballot; voters are white male 
citizens of the United States, twenty-one years 
of age and upwards, who have resided in the 
State one year and six months in the district in 
which he offers to vote. Sec. 5 provides a uni- 
form registration of vote*. Sec. 6 fixes the 
oath of office to support . the Constitution of 
United States, and bear true allegiance to the 
State of Maryland, and support its constitution 
and laws, &c. 

Art. 2, sec. 17 gives governor the veto power ; 
a three-fifths vote of the members elected to each 
house necessary to pass a bill over the veto. 

Art. 3, sec. 3, gives each county a senator, and 
Baltimore city 3, one for each district. Allegany 
county, till the next census, is to have five dele- 
gates in the house of delegates ; Anne Arundel, 
3; Baltimore county, 6; Baltimore city 18, elect- 
ed in three districts; Calvert, 2; Caroline, 2; 
Carroll, 4; Cecil, 4; Charles, 2; Dorchester, 3 ; 
Frederick, 6 ; Harford, 4 ; Howard, 2 ; Kent, 2 ; 
Montgomery, 3; Prince George's, 3; Queen 
Anne's, 2; St. Mary's, 2; Somerset, 3 ; Talbot, 
2; Washington, 5; Worcester, 3. Sect. 4 pro- 
vides that after the next census each county with 
a population of 18,000 souls, or less, shall have 
two delegates; of 18,000 and less than 28,000, 
3; of 28,000 and less than 40,000, 4 ; of 40,000 
and less than 55,000, 5 ; of 55,000 and upwards, 
6, and each of tlie legislative districts of Balti- 
more shall have a number of delegates equal to 
l!ie largest county. Tlie term of senators is fixed 
at four years and delegates two. Three years' 
citizenship in Maryland necessary to make a per- 
fcon eligible as senator or delegate. 

Art. 4, sec. 2S, requires a majority of the 
whole number of members elected to each house 
to pass a bill, and by yeas and uays. Sec. 37 
13 in these words: 



The general assembly shall pass no law providing 
for pavment \>y this State for slaves emancipated from 
scrvitiide in this State; but they .shall adopt such 
measures as they may deem expedient to obtain from 
the United St.ates compensation for such slaves, and 
to receive and distribute the same equitably to the 
persons entitled. 

Sec. 41 disqualifies from office of profit or 
trust any person fighting a duel or participating 
as second, or knowingly aiding or as.sisting those 
ofTending. Sec. 43 protects the property of the 
wife from the debts of her husband. Sec. 44 
protects $500 worth of property from execution. 
Sec. 46 is in these words : 

The general assembly shall have power to receive 
from the United States any grant or donation of land, 
money, or securities for any purpose designated by 
the United States, and shall administer or distribute 
the same according to the conditions of the said grant. 

Sec. 53 provides that no person shall be in- 
competent, as a witness, on account of race or 
color, unless hereafter so declared by act of gen- 
eral assembly. Sec. 55 prohibits the general 
assembly from passing any law suspending the 
privilege of the writ of habeas corpus. 

Constitution of the State of New York. 

Adopted in convention, but not yet submitted 
for ratification. 

The privilege of the writ of habeas corpus 
shall not be suspended, unless when, in cases of 
rebellion or invasion, the public safety may re- 
quire its suspension. 

Every male inhabitant, of the age of twenty- 
one years, who shall have been a citizen for ten 
days and a resident of the State for one year 
next preceding an election, and for tlie last four 
months a resident of the county where he may 
offer his vote, shall be entitled to vote at such 
election in the election district of which he shall 
be at the time a resident, and not elsewhere, for 
all officers that now are or hereaiter may be 
elective by tlie people, and upon all questions 
which may be submitted to the vote of the peojde 
of the State; provided that such citizen shall 
have been for thirty days next preceding the 
election a resident of the town or ward, and, for 
ten days, of the election district in which he of- 
fers his vote. 

Begistiation of voters authorized. Thiitj-- 
two senators, and one hundred and thirty- nine 
assemblymen. No bill shall pass except upon 
the assent of a majority of tlie members elected 
to each house. Governor has veto, with two- 
thirds vote of members elected necessary to re- 
pass the vetoei] bill. Legislature shall not au- 
thorize the consolidation of railroad corporations 
owning parallel or competing lines of road. No 
law shall be passed authorizing or sanctioning 
the suspension of specie payments. All able- 
bodied male citizens, between eighteen and I'orty- 
five, shall be annually enrolled, as a militi;* 

6G 



ABSTRACTS OF CONSTITi; IIONS. 



327 



force, to be divided into active and reserve lorces 
— the active to be called the National Guard of 
the State of New York, and not to exceed, in 
peace, thirty thousand men. 

Constitution of Alabama. 

Adopted in convention, November 5, 1867, 
voted on by the people, February 4, 1868. 

The declaration of rights provides that all 
persons resident in the State, born in the United 
States, or naturalized, or who shall have legally 
declared tlieir intention to become citizens of 
the United States, are citizens of the State, pos- 
sessing equal civil and political rights and 
public privileges. Freedom of speech and 
press is guaranteed, with respon#rDility for its 
abuse ; also the right to bear arms in defence of 
himself and the State. Prohibits any form of 
slavery or involuntary servitude except as pun- 
ishment for crime. Asserts that the State has 
no right to sever its relations to the Federal 
Union, or to pass any law in derogation of the 
paramount allegiance of the citizens of this 
State to the Government of the United States. 

The president of the senate and speaker of 
the house shall hold their ofBces until their 
successors shall be qualified. The legislature 
has power to suppress duelling. The State shall 
not engage in any internal improvements. Tiie 
governor has the veto power, but a majority 
of the whole number of members of each house 
may pass a bill over the veto. The governor 
shall have a pardoning power in all cases except 
treason, but his pardon shall not relieve from 
civil or political disability. 

Art. 7, sec. 2. — Every male person, born in 
the United States, and every male person who 
has been naturalized, or who has legally declared 
his intention to become a citizen of the United 
States, twenty-one years old or upwards, who 
shall have resided in this State six months next 
preceding the election, and three months in the 
county in which he offers to vote, except as 
hereinafter provided, shall be deemed an elector; 
provided that no soldier, or sailor, or marine, in 
the military or naval service of che United 
States, shall hereafter acquire a residence by 
reason of being stationed on duty in this State. 

Sec. 3. It shall be the duty of the general as- 
sembly to provide, from time to time, for the 
registration of all electors, but the following 
classes of persons shall not be permitted to regis- 
ter, vote, or hold office : 1st. Those who, during 
the late rebellion, inflicted, or caused to be in- 
flicted, any cruel or unusual punishment upon 
any soldier, sailor, marine, employe, or citizen 
of the United States, or who, in any other way, 
violated the rules of civilized warfare. 2d. Those 
who may be disqualified from holding office by 
the proposed amendment of the Constitution of 
the United States, known as " Article XIV," 
and those wlio have been disqualified from regis- 
tering to vote for delegates to the Convention to 
frame a constitution for the State of Alabama, 
under the act of Congress " to provide for the 
more efficient government of the rebel States," 
passed by Congress March 2, 1867, and the acts 
supplementary thereto, except such persons as 
aided in the reconstruction proposed by Con- 
gress, and accept the political equality of all 



men before the law ; provided, that the general 
assembly shall have power to remove the dis- 
abilities incurred uncler this clause. 3d. Crimi- 
nals. 4th. Idiots and insane persons. 

All persons, before registering, must take and 
subscribe the following oath : 

I, , do solemnly swear (or affirm) that I will sup- 
port and maintain the Constitution and laws of tlie 
United States, and the constitution and laws of the State 
of Alabama ; that I am not excluded from registering by 
any of the clauses in sec. 3, article 7, of the constitu- 
tion of the State of ALabama ; that I will never counte- 
nance or aid in the secession of this State from the 
United States; that I accept the civil and political 
equality of all men ; and agree not to attempt to de- 
prive any person or persons, on account of race, color, 
or previous condition, of any political or civil right, 
privilege, or immunity enjoyed by any other class of 
men; and, furthermore, that I will not in any way 
injure, or countenance in others any attempt to in- 
jure, any person or persons on account of past or 
present support of the Government of the United 
States, the laws of the United States, or the principle 
of political and civil equality of all men, or for affilia- 
tion with any political party. 

The militia shall consist of all able-bodied 
male inhabitants between eighteaa and forty- 
five, to be divided into two classes, volunteer 
and reserve. The common schools and other 
educational institutions shall be under the man- 
agement of a board of education. Certain funds 
are inviolably appropriated to educational pur- 
poses. One fifth of the annual revenues of the 
State shall be devoted exclusively to the main- 
tenance of public schools, the whole tax on real 
and personal property not, however, to exceed 
two per cent, of the assessed value. Corpora- 
tions to be formed under general laws. Personal 
property to the value of $1,000 to be exempted 
from sale on execution for debt hereafter con- 
tracted ; also every homestead in the country, 
not exceeding eighty acres of land, and the 
dwelling and appurtenances thereon ; or, in lieu 
thereof, a lot in a city, town, or village, with 
the appurtenances thereon, and occupied by the 
owner, not exceeding $2,000 in value, such ex- 
emption not to extend to any mortgage lawfully 
obtained. 

Constitution of Arkansas. 

Adopted by convention February 11, 1868, 
and ratified by the people March 13, 1868. 

It provides, among other things, that the par- 
amount allegiance of every citizen is due to the 
Federal Government, iit the exercise o<f all its con- 
stitutional powers, as the same may liave been or 
may be defined by the Supreme Court of the 
United States ; and no power exists in the people 
of this or any other State of the Federal Union to 
dissolve their connection therewith, or perform 
any act tending to impair, subvert, or resist the 
supreme authority of the United States. The 
equality of all persons before the law is recog- 
nized and shall ever remain inviolate ; nor shall 
any citizen ever be deprived of any right, privi- 
lege, or immunity, nor exempted from any busr- 
den or duty, on account of race, color, or previous- 
condition. 

The general assembly shall not grant to. aay 
citizen or class of citizens privileges orimmu- 
nities which, upon the same terms, shalll n,ot 
equall)'- belong to all citizens. No religious or 
property test shall be required for votiag or 
holding office. 

Set 25 declares null and void tha ©•rdiiaance 



328 



POLITICAL MANUAL. 



of secesrsion, and all action of the State under its 
'constitution of 18G1, »nd the State debt then 
incurred shall not be recognized as obligatory. 

No citizen of this State shall be disfranchised, 
or deprived of any of the rights or privileges 
secured to any citizen thereof, unless the same 
is done by the law of the land, or the judgment 
of his peers, except as hereinafter provided. 
There shall be neither slavery nor involuntary 
servitude, either by indentures, apprenticeships, 
or otherwise, except as a punishment for crime. 
The general assembly shall have no power to 
make compensation for emancipated slaves. 
Taxes limited to two per cent, of assessed value. 

Every male person born in the United States, 
and every male person who has been naturalized, 
or has legally declared his intention to become 
a citizen of the United States, who is twenty-one 
years old or upwards, and who shall have resided 
in the State six months next preceding the elec- 
tion, and who at the time is an actual resident 
of the county in which he offers to vote, except 
as hereinafter provided, shall be deemed an 
elector. 

Art. 8. Sec. 3. The following classes shall 
not be permitted to register or hold office, viz: 

First. Those who during the rebellion took 
the oath of allegiance, or gave bonds for loyalty 
and good behaviour to the United States Gov- 
ernment, and afterwards gave aid, comfort, or 
countenance to those engaged in armed hostility 
to the Government of the United States, either 
by becoming a soldier in the rebel army, or by 
entering the lines of said army, or adhering in 
any way to the cause of rebellion, or by accom- 
panying any armed force belonging to the rebel 
army, or by furnishing supplies of any kind to 
the same. 

Second. Those who are disqualified as electors, 
or from holding office in the State or States 
from which they came. 

Third. Those persons who during the late re- 
bellion violated the rules of civilized warfare. 

Fourth. Those who may be disqualified by 
the proposed amendment to the Constitution of 
the United States, known as Article XIV, and 
those who have been disqualified from register- 
ing to vote for delegates to tlie convention to 
frame a constitution for the State of Arkansas, 
under t!ie act of Congress entitled " An act to 
provide for the more efficient governtnent of the 
rebel States," passed March 2d, 1867, and the 
acts supplementiil thereto. 

Fifth. Criminals. 

SixDi. Insane. 

Provided, that all persons included in the 
1st. 21, od and 4th subdivisions of this section, 
■who ha^e ofienly advocated or who have voted 
for the reconstruction proposed by Congress, 
nnd accept the equality of all men before the 
law, shall be deemed qualified electors under 
this constitution 

Sec. 4 The general assembly shall have power, 
by a two thirds vote of each house, approved 
by ithe governor, to remove the disabilities in- 
cluded in'tlje 1st, 2d. 3d and 4th subdivisions of 
flection three, of this article, when it appears 
tltat such '{varson, applying for relief from such 
disabilities, lias in good faith returned to his al- 
legiance .teCiie Government of the Uuited States ; 



provided, the g(;neral assembly shall have no 
power to remove the disabilities of any person 
embraced in the aforesaid subdivisions who, af- 
ter the adoption of this constitution by the con- 
vention, persists in opposing the acts of Congress 
and reconstruction thereunder. 

All persons before registering or voting must 
take and subscribe the following oath : 

I, , do eolemnly swear (or affirm) that I will 

support and maintain the Constitution and laws of the 
I'nitcd Htates, and the constitution and laws of the 
State of Arkansas ; that I am not excluded from regis- 
tering or voting by any of the clauses in the first, sec- 
ond, third, or fourth subdivisions of Article VIII of 
the constitution of the State of Arkansas ; that I will 
never countenance or aid in the secession of this 
State from the United States ; that I accept the civil 
and political equality of all men, and agree not to at- 
tempt to deprive any person or persons, on a^eount of 
race, color, or previous condition, of any political or 
civil right, privilege, or immunity enjoyed by any other 
class of men ; and, furthermore, that I will not in any 
way injure, or countenance in others any attempt to 
injure, any person or persons on account of past or 
present support of the Government of the United 
States, the laws of the United States, or the principle 
of the political and civil equality of all men, or for 
affiliation with any political party. 

All contracts for the sale or purchase of slaves 
are null and void, and no court of this State 
shall take cognizance of any suit founded on 
such contracts ; nor shall any amount ever be 
collected or recovered on any judgment or de- 
cree which shall have been, or which hereafter 
may be, rendered on account of any such con- 
tract or obligation on any pretext, legal or 
otherwise. 

A system of free schools shall be established, 
for the gratuitous instruction of all persons be- 
tween 5 and 21 years, the funds to be distributed 
to the counties in the proportion of persons be- 
tween those ages. Certain funds are set apart 
to be sacredly preserved as a public school fund ; 
also, a per capita tax of $1 on every male in- 
habitant over twenty-one, to be collected for the 
support of free schools and a university, the resi- 
due required to be furnished from the State trea- 
sury. The general assembly shall require by law 
that every child of sufficient mental and physical 
ability shall attend the public schools for a term 
equivalent to three years, between the ages of 5 
and 18 years, unless educated by otiier means. 
Public schools to be open not less than three 
months in a j^ear. No poll tax to be levied ex- 
cept for school purposes. All able bodied electors 
liable to military duty. Personal property to 
the value of $2,000 to be exempt from sale for 
debt hereafter contracted. Homestead of a mar- 
ried man or head of a family not to be encum- 
bered except for taxes, laborers' and mechanics' 
liens, and securities for the purcliase-money 
thereof; a country homestead of 160 acres and 
a town property of $5,000 to be exempt, with 
similar exceptions as above. Only qualified 
electors shall be jurors. Indentures not to be 
valid, being for more than one year, except in 
the case of apprenticeships. Persons disqualified 
herein shall not vote for candidates, nor upon 
the ratification of the constitution. The judges 
of election shall administer to every voter the 
oath prescribed in the constitution. 

Constitution of Florida. 

Adopted by Convention February 25, 1S6S, and 
ratified by the people May 6, 1868. 



ABSTRACTS OF CONSTITUTIONS. 



329 



It provides, among other things, that slavery 
shall not exist. 

This State shall ever remain a member of the 
American Union, the people thereof a part of 
the American nation, and any attempt, from 
■whatever source or upon whatever pretence, to 
dissolve said Union, or to sever said nation, shall 
be resisted with the whole power of the State. 

It is the paramount duty of the State to make 
ample provision for the education of all the 
children residing within its borders, without dis- 
tinction or preference. 

Every male person of the age of 21 years and 
upwards, of whatever race, color, nationality, or 
previous condition, or who shall, at the time of 
offering to vote, be a citizen of the United States, 
or who shall have declared hia intention to be- 
come*such in conformity to the laws of the United 
States, and who shall have resided and had his 
habitation, doraicil, home, and place of perma- 
nent abode in Florida for one year, and in the 
county for six months, next preceding the elec- 
tion at which he shall offer to vote, shall in such 
county be deemed a qualified elector at all elections 
under this constitution. Every elector shall, at 
the time of bis registration, take atid subscribe 
to the following oath : 

I,- 



, do solemnly swear that I will support, 

protect, and defend the Constitution and Gorernment 
of the United States, and the constitution and govern- 
ment of Florida,against all enemies, foreign or domes- 
tic; that I will bear true faith, loyalty, and allegiance 
to the same, any ordinances or resolution of any State 
convention or legislation to the contrary notwithstand- 
ing. So help me God. 

Lotteries are prohibited. No person who is 
not a qualified elector, or any person who shall 
have been convicted of bribery, forgery, perjury, 
larceny, or other high crime, unless restored to 
civil rights, shall be permitted to serve on juries. 
The governor has the veto, subject to the subse- 
quent action of two-thirds of each house. Grand 
and petit jurors shall be taken from the regis- 
tered voters of their respective counties. A com- 
mon school fund provided for, of which a tax of 
not less than one mill on all taxable property is 
a part. Homestead exemption provided. 

All able-bodied male inliabitanta between 18 
and 45, who are citizens of the United States, or 
have declared their intention to become so, shall 
constitute the militia. 

The legislature shall enact laws requiring ed- 
ucational qualifications for electors after the year 
1880, but no such laws shall be made applicable 
to any elector who may have registered or voted 
at any election previous thereto. 

Confederate and State war debt repudiated. 
All contracts in consideration of slaves declared 
null. Governor has the appointment, with the 
consent of the senate, of the judges of the su- 
preme court, circuit judges, secretary of state, 
and like State ofiicers, and he has the absolute 
appointment of justices of the peace. 

All ordinances and resolutions heretofore pass- 
ed by any convention of the people, and all acts 
and resofutions of the Legislature conflicting or 
inconsistent with the Constitution of the United 
States and the statutes thereof, and with this con- 
stitution, and in derogation of the existence or 
position of the State as one of the States of the 
United States of America, are hereby declared 
null and void, and of no effect. 



Recognizes all laws and acts of the rebel State 
government not inconsistent with the Constitu- 
tion and laws of the United States or this con- 
stitution. 

Article 16, sec. 1, disables any person from 
holding office who is disabled by the 14th con- 
stitutional amendment, subject to the removal of 
such disability by Congress. 

The following shall be the oath of office for 
each officer in the State, including members of 
the legislature: 

I do solemnly swear that I will support, protect, 
and defpn(^ the Constitution and Government of the 
United States, and of the State of Florida, against all 
enemies, domestic or foreign, and that I will bear true 
faith, loyalty, and allegiance to the same, and t'^st I 
am entitled to hold office under this eonstitution. 
That I will well and faithfully perform all the duties 

of the office of , on which I am about to enter. So 

help me God. 

There shall be no civil or political distinction 
in this State on account of race, color, or previous 
condition of servitude, and the legislature shall 
have no power to prohibit, by law, any class of 
persons on account of race, color, or previous 
condition of servitude, to vote or hold any office, 
beyond the conditions prescribed by this consti- 
tution. 

Ordinances were adopted by the Convention 
declaring it unlawful for any sheriff or other 
officer to sell, under execution or other legal pro- 
cess, any property, real or personal, and any sale 
so made shall be void. Suits, decrees, &c., made 
during the war in the courts, against a person 
absent from the State, are annulled. So much 
of the act of January 16, 1866, as levied a tax 
of one dollar upon each colored male between 
twenty-one and fifty-five was repealed. County 
criminal courts abolished, and duties tranfiferred 
to circuit courts. 

Constitution of Louisiana. 

Adopted by Convention March 2, 1868, and 
ratified by the people April 18. 1868. Provides, 
among other things, that slaver}' shall not exist. 

All persons, without regard to race, color, or 
previous condition, born or naturalized in the 
United States, and subject to the jurisdiction 
thereof, and residents of this State for one year, 
are citizens of this State. The citizens of this 
State owe allegiance to the United States ; and 
this allegiance is paramount to that which they 
owe to the State. They shall enjoy the same 
civil, political, and public rights and privileges, 
and be subject to the same pains and penalties. 

All persons shall enjoy equal rights and priv- 
ileges, upon any conveyance of a public charac- 
ter, and all places of business, or of public re- 
sort, or for which a license is required by either 
State, parish, or municipal authority, shall be 
deemed places of a public character, and sliall be 
opened to the accommodation and patronage of 
all persons, without distinction or discrimination 
on account of race or color. Every elector shall 
be eligible to a seat in the House of Representa- 
tives and to the Senate, if twenty-five years old; 
and be shall be eligible to any municipal office. 

Every male person, of the age of twenty-one 
years or upwards, born or naturalized in the 
United States, and subject to the jurisdiction 
thereof, and a resident of this State one year 
next preceding an election, and the last ten day* 



330 



POLITICAL MANUAL. 



within the parish in which he offers to vote, shall 
be deemed an elector, except those disfranchised 
by this constitution, and persons under interdic- 
tion. 

The following persons shall be prohibited from 
voting and liolding any office: All persons who 
shall have been convicted of treason, perjury, 
forgery, bribery, or other crime punishable in 
the penitentiary, and persons under interdiction. 

All persons who are estopped from claiming 
the right of suffrage by abjuring their allegiance 
to the United States Government, or by noto- 
riously levying war against it, or adhering to 
its enemies, giving them aid or comfort, but who 
have not ex[iatriated themselves, nor have been 
convicted of any of the crimes mentioned in the 
first paragraph of this article, are hereby restored 
to the said right, except the following: Those 
who held office, civil or militar}', for one year 
or more, under the organization styled " the Con- 
federate States of America;" those who regis- 
tered themselves as enemies of the United States; 
those who acted as leaders of guerrilla bands 
during the late rebellion ; those who, in the ad- 
vocacy of treason, wrote or publislied newspaper 
articles or j)reached sermons during the late 
rebellion; and those who voted for and signed 
an ordinance of secession in any State. No per- 
son included in these exceptions shall either vote 
or hold office until he shall have relieved himself 
by voluntarily writing and signing a certificate 
setting forth that he acknowledges the late rebel- 
lion to have been morally and politically wrong, 
and that he regrets any aid and comfort he may 
have given it ; and he shall file the certificate 
in the office of the secretary of State, and it shall 
be published in the official journal: Provided, 
That no person who, prior to the 1st of Jan- 
uary, 186S, favored the execution of the laws of 
tlie United States popularly known as the recon- 
struction acts of Congress, and openly and ac- 
tively assisted the loyal men of the State in their 
efforts to restore Louisiana to her position in the 
Union, shall be held to be included among those 
herein excepted. Registrars of voters sliall take 
the oath of any such person &s prima facie evi- 
dence of the fact that he is entitled to the ben- 
efit of this proviso. 

Members of the General Assembly and all 
other officers, before they enter upon the duties 
of their offices, shall take the foliowing oath or 
affirmation : 

I, (A. B.) flo solemnly swear (or affirm) that I accept 
the civil and political equality of all men, and agree 
not to att<MTipt to deprive any person or persons, on 
account of race, color, or previous condition, of any 
politioal or civil right, privilege, or immunity enjoyed 
Ijy any other class of men; that I will support the 
ponstiUition and laws of the United States, and the 
constitution and laws of this State, and that I will 
faitli fully and impartially dischariio and perform all 

tne duties ini'umbent on me as according to the 

beet of nv ability and understanding: so help me 
God. 

No liability, either State, parochial, or muni- 
cipal, shall exist for any debts contracted for or 
in the interest of tlie rebellion against the United 
States Government. 
Thereshall be no property qualification foreoffic. 

All agreements, tb.e consideration of which 
was Confederate money, notes, or bonds, are 
null and void, and shall not be enforced by the 
courts of this State. 



Contracts for the sale of persons are null and 
void. 

The State of Louisiana shall never dssurno 
nor pay any debt or obligation contracted or 
incurred in aid of the rebellion ; nor shall this 
State ever, in any manner, claim from the United 
Startes, or make any allowance or compensation 
for slaves emancipated or liberated in any way 
whatever. 

All contracts by wliich children were bound 
out without the knowledge or consent of their 
parents are null and void. 

There shall be at least one free public school 
in each parish, for children between six and 
twenty-one, who shall be admitted to the pub- 
lic schools or otlier institutions of learning sus- 
tained or established by the State in common, 
without distinction of race, color, or previous 
condition. And no municipal corporation shall 
make rules contrary to the spirit and intention 
of this article. Public scliool fund provided for^ 
of which one half of the poll-tax is a part. 

The militia are all able-bodied male citizens, 
between eighteen and forty-five. 

The ordinance of secession of the State of 
Louisiana, passed 26th of January, 1861, ia 
hereby declared to be null and void. The con- 
stitution adopted in 1864, and all previous con- 
stitutions in the State of Louisiana, are declared 
to be superseded by this constitution. 

An election for State officers provided for 
April 17 and IS, at the same time with the vote 
on the constitution. All civil officers thus 
elected shall enter upon the discharge of their 
duties on the second Monday after the return of 
their election shall have been officially promul- 
gated, or as soon as qualified according to law, 
and shall continue in office for tlie terms of their 
respective offices herein prescribed, said terms to 
date from the first Monday in November follow- 
ing the election. The Legislature shall meet in 
New Orleans on the third Monday after the pro- 
mulgation aforesaid, and proceed, after organiza- 
tion, to vote upon the adoption of the XlVth 
Amendment to the Constitution of the Uuited 
States. 

Constitution of Georgia. 

Adopted by Convention, Mnrch 11, 1868, and 
ratified by the people, April 20, 18G8. Pro- 
vides, among other things, that slavery shalL 
not exist. 

AJl persons born or naturalized in the United 
States, and resident in this State, are hereby 
declared citizens of this State, and no laws shall 
be made or enforced which shall abriilge the 
privileges or immunities of citizens of the United 
States, or of this State, or deny to any person 
within its jurisdiction the equal protection of its 
laws. And it shall be the duty of the General 
Assembly, by appropriate legislation, to protect 
every person in the due enjoyment of the rights, 
privileges, and immunities guaranteed in this 
section. 

The State of Georgia shall ever remain a mem- 
ber of the American Union ; the people thereof 
are a part of the American nation ; every citizen 
thereof owes paramount allegiance to the Con 
stitution and government of the Ignited States, 
and no law or ordinance of this Statt, in contra- 



ABSTRACTS OF CONSTITUTIONS. 



331 



vention or subversion thereof, shall ever have 
any binding force. 

Electors shall, in all cases except treason, 
felony, or breach of the peace, be privileged from 
arrest for iive days before an election, during the 
election, and two days subsequent thereto. 

The social status of the citizens shall never be 
the subj.ct of legislation. The power of the 
courts to punish for contempt shall be limited by 
legislative acts. No imprisonment for debt. 
Whipping, as a punishment for crime, prohibited. 
No poll-tax to be levied except for educational 
purposes, and it not to exceed |1 annually on 
each poll. 

Every male person, born in the United States, 
and every male person who has been natural- 
ized, or who has legally declared his intention 
to become a citizen of the United States, twenty- 
one years old or upward, who shall have resided 
in this Stale six months next preceding the elec- 
tion, and shall Iiave resided thirty days in the 
county in which he offers to vote, and shall 
have paid all ta?es which may have been re- 
quired of him. and which he may have had an 
opportunity of paying, agreeably to law, for the 
year ne.\t preceding the election, (except as 
hereinafter provided), shall be deemed an elector; 
and every male citizen of the United States, of the 
age aforesaid, (except as hereinafter provided,) 
who may be a resident of the State at the time 
of the adoption of this constitution, shall be 
deemed an elector, and shall have all the rights 
of an elector, as aforesaid : Provided, That no 
poldier, sailor, or marine in the military or na- 
val service of the United States shall acquire the 
rights of an elector by reason of being stationed 
on duty in this State; and no person shall vote, 
who, if challenged, shall refuse to take the fol- 
lowing oath : " I do swear that I have not given, 
or received, nor do I expect to give, or receive, 
an)'- money, treat, or other thing of value, by 
which my vote, or any vote, is affected, or ex 
pected to be affected, at this election; nor have I 
given or promised any reward, or made any 
threat, by which to prevent any person from 
voting at this election." 

Every Senator or Representative, before tak 
ing his seat, shall take an oath or affirmation 
to support tlie Constitution of the United States, 
and of this State; that he has not practiced any 
unlawful means, directly or indirectly, to pro- 
cure his election, and that he has not given, or 
offered, or promised, or caused to be given, or 
offered, or promised, to any person, any money, 
treat, or thing of value, with intent to affect any 
vote, or to prevent any person voting at the 
election at which he was elected. 

The Governor has the veto powei, subject to 
a two thirds vote of each House. 

All contracts made, and not executed, during 
the late rebellion, in aid of it, are annulled. 

Common school fund provided for. Militia to 
be all able-bodied males, between eighteen and 
forty-five. 

Each head of a family, or guardian or trus- 
tee of a family of minor children, siiall be en- 
titled to a homestead of realty to the value of 
two thousand dollars, in specie, and personal 
property to tho value of one thousand dollars, 



in specie, both to be valued at tiie time they aro 
set apart. 

The laws of general operation in force in this 
State are : 

1. As the supreme law — the Constitution oftlie 
United States, the laws of the United States in 
pursuance thereof, and all treaties made under 
the authority of the United States. 2^ This 
constitution. 3. Acts of rebel legislation not 
inconsistent with the Constitution and laws of 
the United States. 

The following sections are those referred to 
in the action of Congress on the restoration of 
the State : 

Section XVII — I. No court in this State shall 
have jurisdiction to try or determine any suit 
against any resident of this State upon any 
contract or agreement made or implied, or upon 
any contract made in renewal of any debt ex- 
isting prior to tlie Ist day of June, 1865. Nor 
shall any court or ministerial officer of this 
State have authority to enforce any judgment, 
execution, or decree rendered or issued upon any 
contract or agreement made or implied, or upon 
any contract in renewal of a debt existing prior 
to the 1st day of June, 1865, except in the fol- 
lowing cases : 

1 In suits against trustees, where the trust 
property is in the hands of the trustee, or has 
been invested by him in other specific effects now 
in his hands, and in suits by the vendor of real 
estate against the vendee, where not more than 
one-third of the purchase-money has been paid, 
and tlie vendee is in possession of tlie land or 
specific effects for which he has sold it, and he 
refuses to deliver the land or said efl'ects to the 
vendor. In such cases, the courts and officers 
may entertain jurisdiction and enforce judg- 
ments against said trust-property, or land, or 
effects. 

2. In suits for the benefit of minors by trus- 
tees appointed before the 1st day of June, 1865. 

3. In suits against corporations in their cor- 
porate capacity, but not so as to enforce the debt 
against tlie stockholders or officers thereof in 
their individual capacity. 

4. In suits by charitable or literary institu- 
tions for money loaned, property — otiier than 
slaves — sold, or services rendered by such insti- 
tutions. 

5. In suits on debts due for mechanical or 
manual labor, when the suit is by the mechanic 
or laborer. 

6. lu cases when the debt is set up by way of 
defence, and the debt set up exceeds any debt 
due by defendant to plaintiff, of which the courta 
are denied jurisdiction. 

7. In all other cases in which the General As- 
sembly shall by law give the said courts and 
officers jurisdiction : Provided, That no court or 
officer shall have, nor shall the General Assem- 
bly give, jurisdiction or authority to try or give 
judgment on or enforce any debt, tlie considera- 
tion of which was a slave or slaves, or the hire 
thereof. 

III. It shall be in the power of the General 
Assembly to assess and collect upon all debts, 
judgments, or causes of action when due, founded 
on any contract made or implied before the 1st 



332 



POLITICAL MANUAL. 



day of June, 18G5, in the hands of any one 
in his own right, or trustee, agent, or attorney 
of another, on or after the 1st day of January, 
1868, a tax of not exceeding twenty-five per 
cent., to be paid by the creditor, on pain of the 
forfeiture of the debt, but chargeable by him as 
to one-half thereof against the debtor, and col- 
lectable with the debt: Provided, That this tax 
Bhall not be collected if the debt or cause of 
action be abandoned or settled without legal 
process, or, if in judgment, be settled without 
levy and sale: And provided farther, That this 
tax shall not be levied so long as the courts of 
this State shall not have jurisdiction of such 
debts or causes of action. 

Constitutioa of North Carolina.' 

Adopted by Convention March 16, 1868, and 
ratified by the people April 23, 1868. Provides, 
among other things: 

Sec. 3. Tbat the people of this State have the 
inherent, sole, and exclusive right of regulating 
the internal government and police thereof, and 
of altering and abolishing their constitution 
and form of government, whenever it may be 
necessary to their safety and happiness ; but 
every such riglit should be exercised in pursu- 
ance of law, and consistently with the Constitu- 
tion of the United States. 

Sec. 4. That this State shall ever remain a 
member of the American Union; that the people 
thereof are part of the American nation ; that 
there is no right on the part of this State to se- 
cede, and that all attempts, from whatever 
source or upon whatever pretext, to dissolve said 
Union, or to sever said nation, ought to be re- 
sisted with the whole power of the State. 

Sec. 5. That every citizen of this State owes 

Earamount allegiance to the Constitution and 
overnment of the United States, and that no 
law or ordinance of the State in contravention 
or subversion thereof can have any binding 
force. 

Sec. 6. To maintain the honor and good faith 
of the State untarnished, the public debt, regu- 
larly contracted before and since the rebellion, 
shall be regarded as inviolable and never be 
questioned; but the State shall never assume or 
pay, or authorize the collection of, any debt or 
obligation, express or implied, incurred in aid of 
insurrection or rebellion against the United 
States, or any claim for the loss or emancipation 
of any slave. 

Art 6. Sec. 1. Every male person born in 
the UTited States, and every male person who has 
bet-u naturalized, twenty one years old or up- 
wanl, who shall have resided in this State twelve 
montlis next [ireceding the election, and thirty 
days in the county in which he offers to vote, 
Bliall be deemed an elector. 

Sec 4. Every voter, except as hereinafter pro- 
vided, sliall be eligible to office; but before en- 
tering upon tiie discharge of the duties of his 
office, lie shall take and subscribe the following 
oath : 

I. , do Boleinnly .ixvoar (or .affirm) thnt I will snp- 

riort mill inaint.iin the Constitution ami l.aw.s of the 
I'nitc'l .Stutos, .and the oonstitiitioti iind liiws of North 
Carolina not in 'onsistent thon-with, .and that I will 
f.iithfiillv disuli.arge the duties of my ottiee. So help 
mo (iu.l." 



The general assembly, at its first session, shall 
establish a uniform system of public schools, to 
be free to all the children of the State between 
six and twenty-one years. The University of 
North Carolina declared to be held to an insep- 
arable connection with the free public school 
system. 

Homestead exemption secured, realty to the 
value of $1,000, personal $500. All able-bodied 
male citizens, between twenty-one and forty, are 
liable to duty in the militia. 

Duelling prohibited. 

Constitution of South Carolina. 

Adopted by Convention March 17, 1868, and 
ratified by the people April 16, 1868. 

Provides, among other things, that slavery 
shall never exist in this State. 

Ever}' citizen of this State owes paramount 
allegiance to the Constitution and Government 
of the United States, and no law or ordinance 
of this State in contravention or subversion 
thereof can have any binding force. 

This State shall ever remain a member of the 
American Union, and all attempts, from what- 
ever source, or upon whatever pretext, to dis- 
solve the said Union, shall be resisted with the 
whole power of the State. 

No person shall be disqualified as a witness, 
or be prevented from acquiring, holding, and 
transmitting property, or be hindered in acquir- 
ing education, or be liable to any other punish- 
ment for any offence, or be subjected in law to 
any other restraints or disqualifications in regard 
to any personal rights than such as are laid upon 
others under like circumstances. 

No person shall be imprisoned for debt, except 
in cases of fraud ; and a reasonable amount of 
property, as a homestead, shall be exempted from 
seizure or sale for the payment of any debts or 
liabilities, except for the payment of such obli- 
gations as are provided for in this constitution. 

No property qualification shall be necessary 
for an election to or the holding of any office. 

All elections shall be free and open, and every 
inhabitant of this Commonwealth possessing the 
qualifications provided for in this constitution, 
siiall have an equal right to elect officers and be 
elected to fill public offices. 

Representation shall be apportioned according 
to population, and no person in this State shall 
be disfranchised, or deprived of any of the rights 
or privileges now enjoyed, except by the law of 
the land or the judgment of his peers. 

Distinction on account of race or color, in any 
case whatever, shall be prohibited, and all 
classes of citizens shall enjoy equally all com- 
mon, public, legal, and political privileges. 

Members of the general assembly, and all 
officers, before they enter upon the execution of 
the duties of their respective offices, and all 
members of the bar, before they enter upon the 
practice of their profession, shall take and sub- 
scribe the following oath : 

I, , do solemnly swear Cor affinn. as the ease 

may he) that I am duly qualified, aeeordine: to the Con- 
stitution of the United States and of this State, to ex- 
ercise the duties of the otticc to which I h.ave been 
elected, (or apnointed,) and that I will faithfully dis- 
ehartre, to the oest of my abilities, the diitios thereof: 
that I recognize the supremacy of the Constitutkin and 



ABSTRACTS OF CONSTITUTIONS. 



Kavva of the United States over the constitution and laws 
of anv State; nnd that I will support, protect, and de- 
lend "the Constiiution of the United States and tlie 
constitution of South Carolina, as ratified by tlie peo- 
ple on the day of , 18C8. So help me God. 

Every male citizen of the United States, of 
the age of twenty-one years and upwards, not 
laboring under the disabilities named in this 
constitution, without distinction of race, color, 
or former condition, who sliall be a resident of 
this State at the time of the adoption of this 
constitution, or who shall thereafter reside in 
this State one year, and in the county in which 
lie offers to vote sixty days next preceding any 
election, shall be entitled to vote for all olScers 
that are now, or hereafter may be, elected by 
the people, and upon all questions submitted to 
the electors at any elections : Provided, That no 
person shall be allowed to vote or hold ofEce 
who is now, or hereafter may be, disqualiOed 
therefor by the Constitution of the United States, 
until such disqualification shall be removed by 
tlie Congress of the United States. 

Homestead exemption secured. 

The general assembly shall never pass any 
law that will deprive any of the citizens of this 
State of the right of suffrage, except for treason, 
murder, robbery, or duelling, whereof the per- 
sons shall have been duly tried and convicted. 

No person shall be disfranchised for felony or 
other crimes committed while such person was a 
slave. 

All the public schools, colleges, and universi- 
ties of this State, supported in whole or in part 
by the public funds, shall be free and open to all 
the children and youths of the State, without 
regard to race or color. 

Governor has the veto, but two-thirds of each 
bouse may pass a bill over the veto. Judges 
Rhall not charge juries in respect to matters of 
fact, but may state the testimony and declare 
the law. 

All contracts, whether under seal or not, the 
wnsideration of which were for the purchase of 
slaves, are declared null and void ; and all pro- 
ceedings under them annulled. 

Elections shall be by ballot. All voters shall 
be eligible to elective offices, except as otherwise 
provided in this constitution or the Constitution 
and laws of the United States. Presidential 
electors shall be elected bj' the people. 

The general assembly may levy a poll-tax of 
$1 per year, for tlie public school fund. No ad- 
ditional poll-tax shall be levied by any munici- 
pal corporation, and no person to be deprived 
of suffrage for non-payment of this tax. 

No debt contracted by this State in behalf of 
the late rebellion, in whole or in part, shall ever 
be paid. 

A liberal and uniform system of free public 
schools shall be established, for all children be- 
tween six and sixteen, for a term equivalent to 
twenty-four months at least, facilities to be af- 
forded to all the inhabitants for tlie free educa- 
tion of their children. School fund established. 

The militia shall consist of all able-bodied 
male citizens between eighteen and forty-five. 
No person shall be elected or appointed to any 
office unless he possesses the qualifications of an 
elector. 



Constitution of Virginia. 

Adopted by Convention April 7, 1868. Pro- 
vides, among other things — 

That this State shall ever remain a member 
of the United States of America, and that the 
people thereof are part of the American nation, 
and that all attempts, from whatever source or 
upon whatever pretext, to dissolve said Union 
or to sever said nation, are unauthorized and 
ought to be resisted with the whole power of 
the State. 

The Constitution of the United States, and 
the laws of Congress passed in pursuance thereof 
constitute the supreme law of the land, to which 
paramount allegiance and obedience are due 
from every citizen, anything in the constitution, 
ordinances, or laws of any State to the contrary 
notwithstanding. 

Slavery shall not exist. All citizens of the 
State are declared to possess equal civil and po- 
litical rights and public privileges. Duelling is 
prohibited. Only persons qualified to hold office 
shall be jurors. 

Every male citizen of the United States, 
twenty-one years old, who shall have been a 
resident of this State twelve months, and of the 
county, city, or town in which he shall offer to 
vote three months next preceding any election, 
shall be entitled to vote upon all questions sub- 
mitted to the people at such election. 

Among the excepted persons are all those who 
have been Senators or Representatives in Con- 
gress, or electors of President or Vice President, 
or who Jield any office, civil or military, under 
the United States, or under any State, who, 
having previously taken an oath, as member of 
Congress or officer of the United States, or as a 
member of any legislature, or as an executive 
or judicial officer of any State, shall have en- 
gaged in insurrection or rebellion against the 
same, or given aid or comfort to tlie enemies 
thereof. This clause shall include the following 
officers: Governor, Lieutenant Governor, secre- 
tary of State, auditor of public accounts, second 
auditor, register of the land office. State tieas- 
urer, attorney general, sheriffs, sergeant of a 
city or town, commissioner of the revenue, 
county surveyors, constables, overseers of' the 
poor, commissioner of the board of public works, 
judges of the supreme court, judges of the cir- 
cuit court, judges of the court of hustings, jus- 
tices of the county courts, mayor, recorder, 
alderman, councilmen of a city or town, coroners, 
escheators, inspectors of tobacco, flour, &c., 
clerks of the supreme, district, circuit, and county 
courts, and of the court of hustings, and attor- 
neys i'or the Commonwealth : Provided, 111^,1 the 
Legislature may, by a vote of three-fifths of both 
houses, remove the disabilities incurred by this 
clause from any person included therein, by a 
separate vote in each case. 

All persons, before entering upon the discharge 
of any function as officers of the State, shall 
take the following oath : 

I, , do solemnly &wear (or affirm) that I wiU 

support and maintain "the Constitution and laws of the 
United States, and the constitution and laws of th^ 
State of Virginia; that I recognize and accept the 
civil and political equality of nil men before the lawn, 

and that I will faithfuliy'perform the duty of , t? 

the best of my ability. So help me God. 



J34 



POLITICAL MANUAL. 



In addition to (Lis, all State, city and county 
ofEcers phall take the test oath prescribed by the 
act of July 2, 18G2. 

Tiie Legislature shall enact a registry law, 
and persons applying to register shall take this 
oath : 

I, , do solemnly swear (or nffirm) that I am not 

disqualified from exercising the rii^ht of suffraco by 
the constitution framed by tlie convention which as- 
sembled in the city of Richmond on t!io 3d day of 
December, 1SG7, and that I will support and defend the 
same to the best of my ability. 

The Governor has the veto power, subject to 
the passage by two-thirds. Lotteries prohibited. 
A uniform system of public free schools to be 
established, and to be introduced into all the 
counties by 1876. Capitation tax and an annual 
tax on property not less than one mill nor more 
than five for the support of schools. Tiie mi- 
litia to consist of all able-bodied males between 
eighteen and forty-five. Homestead exemption 
provided. 

Ordinance passed that the constitution be 
submitted for ratification June 2, when State 
ofEcers and Representatives in Congress are to 
be chosen ; the Assembly to meet June 24. 
[General Schofield recommended that the section 
prescribing the test-oath of 1SG2 for all State, 
city and county ofScers be submitted separately, 
and that the election be fixed not less than forty 
days after the passage by Congress of the ueces- 
sary appropriation to pay the expense.] 

Constitution of Mississippi. 

Adopted by convention May 15, 1868, and 
submitted to popular vote, June 22, 

Provides, among other things, slavery shall not 
exist ; no property qualification shall be required 
for jurors or for eligibility to office. 

All persons resident in this State, citizens of 
the United States, are hereby declared citizens 
of the State of Alississippi. 

No property or educational qualification shall 
ever be required for any person to become an 
elector. 

The right to withdraw from the Federal Union 
on account of any real or supposed grievances 
shall never be assumed by this State, nor shall 
any law be passed in derogation of the para- 
mount allegiance of the citizens of this State to 
the Government of the United States. 

No public money or monej-s shall be appro- 
priated for any charitable or other public insti- 
tutions in this State, making any distinction 
among the citizens thereof ; Provided, That 
nothing herein contained, shall be so construed 
as to prevent the Legislature from appropriating 
the school fund in accordance with the article 
in this constitution relating to public schools. 

The right of all citizens to travel upon all 
public conveyances shall not be infringed upon 
nor in any manner abridged in this State. 

The Governor has the veto power, subject to 
two-thirds vote of each house. 

All male inhabitants of this State, except idi- 
ots and insane persons, and Indians not taxed, 
citizens of the United States, or naturalized, 
twenty-one years old and upwards, whe have 
resided in this State six months, and in the 
county one month next preceding the day of 
election at wliich said inhabitant offers to vote,- 



and who are duly registered according to the re- 
quirements of section three of this article, and 
who are not disqualified by reason of any crime, 
are declared to be qualified electors. 

The Legislature shall provide by law for the 
registration of all persons entitlecl to vote at 
any election, and all persons entitled to register 
shall take and subscribe to the following oath or 
affirmation : 

I. , do solemnly swear (or affirm) in the pres- 



ence of Almighty God, that lam twenty-one years old; 
that I liavo resided in this State six months, and in 

county one month ; that I will faithfully support 

and obey tlio Constitution and laws of the I'nited 
States, and of the State of Mississippi, and will bear 
truofaitli and allegiance to the same; that I ain not 
(lislVani:luscd in any of the provisions of the acts 
known as the reconstruction acts of the Thirty-Ninth 
and Fortieth Congress; and that I admit the political 
and civil equality of all men. So help me God. 

Provided, That if Congress shall, at any time, 
remove the disabilities of any person disfran- 
chised in the said reconstruction acts of the said 
Thirty-Nintli and Fortieth Congress, (and the 
Legislature of this State shall concur therein,) 
then so much of this oath, and so much only, as 
refers to the said reconstruction acts, shall not 
be required of such person, so pardoned, to en- 
title him to be registered. 

No [>erson shall be eligible to any office of 
profit, or trust, or to any oiHce in the militia of 
this State, who is not a qualified elector. 

No person shall be eligible to any office of 
profit or trust, civil or military, in this State, 
who, as a member of the Legislature, voted for 
the call of the convention that passed the ordi- 
nance of secession, or who, as a delegate to any 
convention, voted for or signed any ordinance of 
secession, or who gave voluntary aid, counte- 
nance, counsel or encouragement to persons en- 
gaged in armed hostility to the United States, 
or who accepted or attempted to exercise the 
functions of any office, civil or military, under 
any authority or pretended government, author- 
ity, power, or constitution, within the United 
States, hostile or inimical thereto, except all 
persons who aided reconstruction by voting for 
this convention, or who have continuously ad- 
vocated the assembling of this convention, and 
shall continuously and in good faith advocate 
the acts of the same ; but the Legislature may 
remove such disability ; Provided, That nothing 
in this section, except voting for or signing the 
ordinance of secession, shall be so construed as 
to exclude from ofiice the private soldier of the 
late so called Confederate States army. 

The State of Mississippi shall never a.«sume 
nor pay any debt or obligation contracted in 
aid of the rebellion, nor shall this State ever in 
any manner claim from the United States, or 
make any allowance or compensation for slaves 
emancipated or liberated in any way whatever, 
since the 9th day of January, 18G1. 

Members of the Legislature, and all other ofii- 
cers elected or appointed to any ofllce in this 
State, shall, before entering upon the discharge 
of the duties thereof, take and subscribe the fol- 
lowing oath of office : 

I, , do solemnly swear (or affirm) that I will faith- 
fully siijiport and true alle.aianco bear the Constitu- 
tion of the United States and the State of Mississippi, 
and oliev the laws thereof; that I am not disqualified 
from holding ofiico by the Constitution of the United 
States or iho State of Mississippi; that I liavc neve' 



RECONSTRUCTION MEASURES. 



335 



as a membor of any convention roted for or signed 
any ordinance of soccssion; that I have never aa a 
memlx'r of any State Lei^islature voted for the call of 
any convention that passed any sueli ordinance ; that 
I wiU faithfully discharge the duties of the otiice upon 
Which I am about to enter. So help me God. 

The ordinance of secession of the State of Mis- 
sissippi, passed January 9, 1866, is hereby de- 
clared to be null and void. The present and all 
previous constitutions of the Slate of Missis- 
sippi are hereby declared to be repealed and 
annulled by this constitution. 

Ail laws now in force in this State, not en- 
acted in furtherance of secession and rebellion, 
and not repugnant to this constitution, shall 
continue in force. 

Common school fund provided for ; the poll- 
tax in its aid not to exceed $2 annually. 

All able-bodied males, between eighteen and 
forty-five, shall be liable to military duty in the 
militia. 

Lotteries and sale of lottery tickets prohibited. 

All lands sold in pursuance of decree of courts 
or execution shall be divided into tracts not to 
exceed one hundred and sixty acres. 



All persons who have not been married, but 
are now living together and cohabiting as hus- 
band and wife, shall be taken and he.d for all 
purposes in law as married, and their children, 
whether born before or after the ratiScation of 
this constitution, shall be legitimate, and the 
Legislature may by law punish adultery and 
concubinage. 

1868, March 13 — An ordinance adopted, as 
follows : 

Sec. 1. That no contracts shall be valid which 
in any manner abridge or affect the right of 
franchise of either party; and any person or 
persons demanding such conditions shall, upon 
conviction thereof before any court having com- 
petent jurisdiction, be disfranchised for the term 
of five years, and pay a fine of not less than five 
hundred dollars. 

Sec. 2. Whoever shall dismiss from employ- 
ment any person or persons for having exercised 
the right of franchise, or for offering to exercise 
such right, shall, on conviction, be fined not less 
than two hundred and fifty dollars, and be dis- 
franchised for the term of five years. 



XXIX. 



SUPPLEMENTAL RECONSTRUCTION MEASURES/ 



Act of July 19, 1867. 

An act supplementary to an act entitled "An act 
to provide for the more efficient government of 
the rebel States," passed on the second day of 
March, 1867, and the act supplementary there- 
to, passed on the 23d day of March, 1867- 
Be it enacted, <£c., That it is hereby declared 
to have been the true intent and meaning of the 
act of the 2d day of March, 1867, entitled "An 
act to provide for the more efficient government 
of the rebel States," and of the act supplement- 
ary thereto, passed on the 23d day of March, 
1867, that the governments then existing in the 
rebel States of Virginia, North Carolina, South 
Carolina, Georgia, Mississippi, Alabama, Louis- 
iana, Florida, Texas, and Arkansas, were not 
legal State governments; and that thereafter 
said governments, if continued, were to be con- 
tinued subject in all respects to the military 
commanders of the respective districts, and to 
the paramount authority of Congress. 

Sec. 2. That the commander of any district 
named in said act shall have power, subject to 
the disapproval of the General of the army of 
the United States, and to have effect till disap 
proved, whenever in the opinion of such com- 
mander the proper administration of said act 
shall require it, to suspend or remove from office, 
or from the performance of official duties and 
the exercise of official powers, any officer or 
person holding or exercising, or professing to 



* For preceding Reeonstruction Measures see pages 
191-194 of Manual of 1SG7. 



hold or exercise, any civil or military office or 
duty in such district under any power, election, 
appointment, or authority derived from, or 
granted by, or claimed under, any so-called 
State or the government thereof, or any munici- 
pal or other division thereof; and upon such 
suspension or removal such commander, subject 
to the disapproval of the General as aforesaid, 
shall have power to provide from time to time 
for the performance of the said duties of such 
officer or jierson so suspended or removed, by 
the detail of some competent officer or soldier of 
the army, or by the appointment of some other 
person to perform the same, and to fill vacancies 
occasioned bj' death, resignation, or otherwise. 

Sec. 3. That the General of the army of the 
United States shall be invested with all the 
powers of suspension, remov.al, appointment, 
and detail granted in tiie preceding section to 
district commanders. 

Sec. 4. That the acts of the oflScers of the army 
already done in removing in said districts per- 
sons exercising the functions of civil officers, and 
ap[iointing others in their stead, are hereby con- 
firmed ; Provided, That any person heretofore 
or hereafter appointed by any district com- 
mander to exercise the functions of any civil 
office, may be removed either by the military 
officer in command of the district, or by the 
General of the army. And it shall be the duty 
of such commander to remove from office, aa 
aforesaid, all persons who are disloyal to the 
Government of the United States, or who use 
their official influence in any manner to hiader, 



336 



POLITICAL MANUAL. 



delay, prevent, or obstruct the due and proper 
administration of this act and the acts to which 
it is supplementary. 

Sec. 5. That the boards of registration pro- 
vided for in the act entitled "An act supple- 
mentary lo an act entitled 'An act to provide for 
the more efficient governraentof the rehelStates,' 
passed March 2, 1867, and to facilitate restora- 
tion," passed March 23, 1867, shall have power, 
and it shall be their duty, before allowing the 
registration of any person, to ascertain, upon 
Buch facts or information as they can obtain, 
whether such person is entitled to be registered 
under said act, and the oath required by said 
act shall not be conclusive on such question, and 
no person shall be registered unless such board 
shall decide that he is entitled thereto; and 
such board shall also have power to examine, 
under oath, (to be administered by any member 
of such board,) any one touching the qualifica- 
tion of any per.son claiming registration; but in 
every case of refusal by the board to register an 
applicant, and in every case of striking his name 
from tlie list as hereinafter provided, the board 
shall make a note or memorandum, which shall 
be returned with the registration list to the com- 
manding general of the district, setting forth 
(lie grounds of such refusal or such striking 
from the list: Provided, That no person shall 
be disqualified as member of any board of regis- 
tration by reason of race or color. 

Sec. 6. That the true intent and meaning of 
the oath prescribed in said supplementary act 
is, (among other things,) that no person who 
has been a member of the Legislature of any 
State, or who has held any executive or judicial 
office in any State, whether he has taken an 
oath to support the Constitution of the United 
States or not, and whether he was holding such 
office at the commencement of the rebellion, or 
had held it before, and who has afterwards en- 
gaged in insurrection or rebellion against the 
United States, or given aid or comfort to the 
enemies thereof, is entitled to be registered or 
to vote ; and the words "executive or judicial 
office in any State" in said oath mentioned shall 
be construed to include all civil offices created 
by law for the administration or an}' general 
law of a State, or for the administration of jus- 
tice. 

Sec. 7. That the time for completing the orig- 
inal registration provided for in'said act may, in 
the discretion of the commander of any district, 
be extended to the 1st day of October, 18G7; 
and the boards of registration shall have power, 
and it shall be their duty, commencing fourteen 
days prior to any election under said act, and 
upon reasonable public notice of the time and 
place thereof, to revise, for a period of five days, 
the registration lists, and, upon being satisfied 
that any person not entitled thereto has been 
registered, to strike the name of such person from 
the list, and such person shall not be allowed to 
vote. And such board shall also, during the 
same period, add to such registry the names of 
all persons who at that time possess the qualifi- 
cations required by said act who liave not been 
already registered ; and no person shall, at any 
time, be entitled to be registered or to vote, by 
reason of any executive pardon or amnesty, for 



any act or thing which, without such pardi)a 
or amnest}', would disqualify him irora registra- 
tion or voting. 

Sec. 8. That section four of said last-named 
act shall be construed to authorize the command- 
ing general named therein, whenever he shall 
deem it needful, to remove any member of a 
board of registration and to appoint another in 
his stead, and to fill any vacancy in such board. 

Sec. 9. That all members of said boards of 
registration, and all persons hereafter elected or 
appointed to office in said military districts, 
under any so-called State or municijial author- 
ity, or by detail or appointment of the district 
commanders, shall be required to take and to 
subscribe the oath of office prescribed by law 
for officers of the United States. 

Sec 10. That no district commander or mem- 
ber of the board of registration, or any of the 
officers or appointees acting under them, shall 
be bound in his action by any opinion of any 
civil officer of the United States. 

Sec. 11. That all the provisions of this act 
and of the acts to which this is supplementary 
shall be construed liberally, to the end that all 
the intents thereof may be fully and perfectly 
carried out. 

[This bill passed the House, July 13, yeas 111, 
nays 23 ; and the Senate, the same day, yeas 31, 
nays 6 — the Republicans voting yea, and the 
Democrats naj'. July 19, the bill was vetoed by 
President Johnson, and the same day it was 
re-passed by both Houses — in the House, yeas 
109, nays 25; in the Senate, yeas 30, nays 6 ; a 
party vote, as before.] 

Act of March 11, 1868. 

An Act to amend the act passed March 23, 
1867, entitled "An act supplementary to 'An 
act to provide for the more efficient govern- 
ment of the rebel States,' passed March 2, 
1867, and to facilitate their restoration." 
Be it enacted, &c., That hereafter any election 
authorized by the act passed March 23, 1867, 
entitled "An act supplementary to 'An act to 
provide for the more efficient government of the 
rebel States,' passed March 2, 1867, and to facili- 
tate their restoration," shall be decided by a 
majority of the votes actually cast ; and at the 
election in which the question of the adoption 
or rejection of any constitution is submitted, any 
person duly registered in the State may vote in 
the election district where he offers to vote 
when he has resided therein for ten days next 
preceding such election, upon presentation of 
[lis certificate of registration, his affidavit, or 
other satisfactory evidence, under such regula- 
tions as tlie district commanders ma}' prescribe. 
Sec. 2. That the constitutional convention of 
any of the States mentioned in the acts to which 
this is amendatory may provide that at the time 
of voting upon the ratification of the constitu- 
tion, the registered voters may vote also for 
members of the House of Representatives of the 
United States, and for all elective officers provided 
for by the said constitution ; and the same elec- 
tion officers, who shall make the return of the 
votes cast on the ratification or rejection of the 
constitution, shall enumerate and certify the 
votes cast for members of Congress, 



RECONSTRUCTION MEASURES. 



337 



Became n law, March 11, 1868, by lapse of 
time, the President not having signed or re- 
turned it with his objections within ten days 
after its presentation to him. 

[This bill passed the House, February 26, 
yeas 96, nays 32; and the Senate, February 25, 
yeas 28, nays 6; the Republicans voting for the 
bill, and the Democrats against it.] 

An Act to admit the State of Arkansas to Bep- 
resentation in Congress, June 22, 1868. 

Whereas the people of Arkansas, in pursuance 
of the provisions of an act entitled " An act for 
the more efficient government of the rebel States," 
passed March 2, 1867, and the acts supplementary 
thereto, have framed and adopted a constitution 
of State government, which is republican, and 
the Legislature of said State has duly ratified the 
amendment to the Constitution of the United 
States proposed by the Thirty- Ninth Congress, 
and known as Article XIV; Therefore, 

Be it enacted. &c., That the State of Arkansas 
is entitled and admitted to representation in 
Congress, as one of the States of the Union, upon 
the following fundamental condition: That the 
constitution of Arkansas shall never be so amend- 
ed or changed as to deprive any citizen or class 
of citizens of tlie United States of the right to 
vote who are entitled to vote by the constitution 
herein recognized, except as a punishment for 
Buch crimes as are now felonies at common law, 
whereof they shall have been duly convicted, 
under laws equally applicable to ail the inhab- 
itants of said State ; Provided, That any altera- 
tion of said constitution prospective in its effect 
may be made in regard to the time and place of 
residence of voters. 

[This bill passed the House, May 8 — yeas 110, 
nays 32; the nays being all Democrats, except 
Messrs. Baker, Loan, Spalding, and Thomas 
Williams, the "fundamental condition" therein 
being " that the constitution of Arkansas shall 
never be so amended or changed as to deprive 
any citizen or class of citizens of the United 
States of the right to vote who are entitled to 
vote by the constitution herein recognized, ex- 
cept as a punishment for such crimes as are 
now felonies at common law, whereof they shall 
have been duly convicted." June 1, the bill was 
amended in tlie Senate, on motion of Mr. Drake, 
so that the "fundamental condition" should read: 
" That there shall never be in said State any 
denial or abridgment of the elective franchise, 
or of any other right, to any person by reason 
or on account of race or color, except Indians 
not taxed;" which was agreed to, yeas 26, nays 
14, and was then passed, yeas 34, nays 8. A 
committee of conference agreed upon the bill as 

Srinted above, and their report passed the Senate, 
une 6, without a division, and the House also, 
a motion to table the report having been lost, 
yeas 27, (all Democrats,) nays 108, (all Republi- 
cans, except Mr. Stewart, of New York.) June 
20, the bill was vetoed by the President, and 
passed in the House, yeas 111, nays 31 ; June 22, 
it passed the Senate, yeas 30, nays 7. In the 
House, on re-passing the bill, Mr. Stewart voted 
aye with the Republicans, and Mr. Cary voted 
nay with the Democrats. In the Senate the 
vote was; 
22 



Ye.\s — Messrs. Chandler, Cole, Conkling, Cornices, 
Corbett, Cragin, Edmunds, Ferry, Fessenden, H<arli>.n, 
Howard, Morgan, Morrill of Vermont, Nye, Patterson 
of New IIamp.shire, Pomeroy, Ramsey, Ross, Sherman, 
Sprague, Stewart, Sumner, Th.ayer, Tipton. Trumbull, 
Van Winkle, Wade, Willey, Wil'son, Yates— 30. 

N.\T3— Messrs. Bayard, Davis, DooUitle, Hendricks, Mo 
Creery, Patterson of Tennessee, Saulsbury—7. 

An Act to Admit the States of North Carolina, 
South Carolina. Louisiana, Georgia, Alabama, 
and Florida to Representation in Congress, 
June 25, 1868. 

Whereas the people of North Carolina, South 
Carolina, Louisiana, Georgia, Alabama, and Flor- 
ida have, in pursuance of the provisions of an 
actentitled "An act for the more efficient govern- 
ment of the rebel States," passed March 2, 1867, 
and the acts supplementary thereto, framed con- 
stitutions of State government which are repub- 
lican, and have adopted such constitutions by 
large majorities of the votes cast at the elections 
held for the ratification or rejection of the same : 
therefore, 

Beit enacted, (fee. That each of the States of 
North Carolina, South Carolina, Louisiana, Geor- 
gia, Alabama, and Florida, shall be entitled and 
admitted to representation in Congress as a State 
of the Union when the Legislature of such State 
shall have duly ratified the amendment to the 
Constitution of the United States proposed by 
the Thirty-Ninth Congress, and known as Arti- 
cle XIV, upon the following fundamental condi- 
tions : That the constitution of neither of said 
States shall ever be so amended or changed as to 
deprive any citizen, or class of citizens, of the 
United States of the right to vote in said State 
who are entitled to vote by the constitution 
thereof, herein recognized, except as a punish- 
ment for such crimes as are now felonies at com- 
mon law, whereof they shall have been duly 
convicted under laws equally applicable to all 
the inhabitants of said State; Provided, That 
any alteration of said constitutions may be made 
with regard to the time and place of residence 
of voters. And the State of Greorgia shall only 
be entitled and admitted to representation upon 
this further fundamental condition : That the 
first and third subdivisions of section seventeen 
of the fifth article of the constitution of said 
S,tate, except the proviso to the first subdivision, 
shall be null and void, and that the general 
assembly of said State, by solemn public act, 
shall declare the assent of the State to the fore- 
going fundamental condition.* 

Sec. 2. That if the day fixed for the first 
meeting of the Legislature of either of said 
States, hy the constitution or ordinance thereof, 
shall have passed, or have so nearly arrived be- 
fore the passage of this act that there shall not 
be time for the Legislature to assemble at the 
period fixed, such Legislature shall convene at 
the end of twenty days from the time this act 
takes effect unless the Governor-elect shall soon- 
er convene the same. 

Seo. 3. That the first section of this act shall 
take effect as to each State, except Georgia, when 
such State shall by its Legislature duly ratify 
Article XIV of the amendments to the Consti- 
tution of the United States, proposed by the 
Thirty-Ninth Congress, and as to the State of 

* See page 331. 



338 



POLITICAL MANUAL. 



Georgia when it shall in addition give the assent 
of said State to the fundamental condiiion here- 
inbefore imposed ujion the same ; and thereupon 
the oflicers of each State, duly elected and qual- 
ified under the constitution thereof, shall he in- 
augurated without delay ; but no person prohib- 
ited from holding office under the United Stales 
or under any State by section three of the pro- 

Bosed amendment to the Constitution of the 
nited States known as Article XIV, shall be 
deemed eligible to any office in either of said 
States unless relieved from disability as provided 
in said amendment; and it is hereby made the 
duty of the President, within ten days after re- 
ceiving official information of the ratification of 
said amendment by the Legislature of either of 
said States, to issue a proclamation announcing 
that fact. 

[This hill passed the House, May 14, yeas 
110, nays 35 ; the Senate, June 9, yeas 31, nays 
5 — Uepublicans/or, Democrats against it. June 
25, it was vetoed by President Joiinson, and 
passed over the veto, snme day, in the House, 
yeas 107, nays 31 ; and in the Senate, yeas 35, 
naye.S.] 

IMPOETANT VOTES DURING THE CONSIDER- 
ATION OF THE ABOVE BILLS. 

Votes prior to Passage of Act of March 11, 1868. 

During the pendency in the Senate of the act 
of March 11, 18GS— 

February 25 — Mr. Doolittle moved to amend 
by adding to the second section this proviso: 

" Provided, nevertheless, Th it upon an election 
for the ratification of any constitution, or of 
oEcers under the same, previous to its adoption 
JQ Aoy such State, no person not having the 
r(|ua,lifioations of an elector under the constitu- 
tiuoa and laws of such State, previous to the late 
rebellion, shall be allowed to vote, unless he 
shall possess one of the following qualifications, 
viz. : 

"1st. He shall have served as a soldier in the 
Federal army for one year or more; or, 2d He 
shall have sufiicient education to read the Con- 
stitution of the United States, and to subscribe 
his name to an oath to support the same; or, 
3d. He shall be seized in his own right, or in 
tke right of his wife, of a freehold of the value 
of two hundred and fifty dollars." 

Which was not agreed to— ^yeas 3, nays 33, as 
follow : 
Yeas — !\Iessrs. Dixon, Doolittle, Hendricks— Z. 
J^K\s,—Backalew, Chandler, Oole, Conkling, Corbett, 
Cragin, Daviji, Drake, Perry, Fowler, Harlan, Hender- 
son, Howe, IMnr^.in, Morrill of Maine, Morrill of Ver- 
mont, Nve, P!itt<Tson of Now Il:iiii|ishirc, Pomeroy, 
Ramsey," Uoss, Slicnnnii, Stewart, Sumner. Thayer, 
Tipton. Trumliull, Van Winkle, Wade, Willey, Wil- 
liams, Wilson, Yates — 3.'!. 

18G7. December 18— The House passed a bill 
modifying the fifth section of the act of March 
23, 18(37, so that a majority of the votes cast at 
the election shall be sufficient to ratify the con- 
etitution, and authorizing an election for mem- 
bere of Congress at the same time with the vote 
on the constitution, according to the districts as 
they existed in 1858 and 1859. On this the yeas 
were 101. nays 37, Re[iublicans and Messrs. 
Cary and Stewart in the affirmative, and Demo- 
crats in the negative. 



1868, January 21 — The House passed a bill 
declaring that in the ten rebel States tliere are 
no civil State governments republican in form, 
and that the so-called civil governments in said 
States shall not be recognized as valid or legal 
State governments either by the e.xecutive or 
judicial power or authority of the United States. 
The General of the army was authorized and 
required to enjoin, by special orders, upon all 
oflicers in command within those States the per- 
formance of all acts authorized by the reconstruc- 
tion acts, and autiiorized to remove from com- 
mand any or all of said commanders, and detail 
other officers of the United States army, not be- 
low the rank of colonel, to the end that the 
people of said several States may speedily reor- 
ganize civil governments and be restored to po- 
litical power in the Union. The GenerU of the 
army was authorized to remove any or all civil 
officers now acting under the several provisional 
governments within said several disorganized 
States, and appoint others, and to do any and 
all acts which are authorized to be done by tho 
several commanders of the military departments 
within said States; and the law which authorizes 
the President to detail the military commanders 
to said military departments, or to remove any 
officers who may be detailed as herein provided, 
is hereby repealed. It was provided that it shall 
be unlawful for the President of tho United 
States to order any part of the army or navy of 
the United States to assist, by force of a^'ms, the 
authority of either of said provisional govern- 
ments in said disorganized States to oppose or 
obstruct the authority of the United States, as 
provided in this act and the acts to which this 
is supplementary. Fine and imprisonment were 
provided for violation of this act. 

The vote was — yeas 124, nays 45, as follow : 

Yeas — IMcssrs. Allison, Ames, Anderson, Arnell, Delos 
R. Ashley, James M. Ashley, Bailey, iJalcc)-, IJnldwin, 
Banks, Beaman, Benjamin, Benton, )<lnt;hain, Blaine, 
Blair, Boutwell, Brornwell, Broomall, Burkland, Cake, 
Churchill, Reader W. Clarke, Sidney Clarke, Co\<h, Co- 
burn, Cook, Cullom, Dawes, Dixon, J'odire, Jionuelly, 
Driafrs, Eokley, Esgleston, Ela, Elioi. Farnsworth, Fer- 
riss. Ferry, Fields, Viarfield, Gravf I/, Griswold.Halscy, 
Harding, Highy, llv)0|>er, n(ipkiu-j,Asahel W. Hubbarci, 
Chester D. llulilmrd, HuHiurd, Hunter, Ingersoll, 
Jenekes, Jndd, .Iiiiian, Kelley, /..elsey, Ketehahi, Kit- 
chen, KoDntz, William Lawreu-.e, Lincoln, Logan, 
Loughridire, Marvin, MaynaiQ, McCarthy, MeChirg, 
Mercur, .Miller, Mo(a-(\ ]M(iorh<'}»fi, 'MuUins, Myers, New- 
comb, Nuiiii. < >\\"(ill,(Mtli,Pfu,i(,,Perham, Peters, Pike, 
Pile, Plants, Poland, Pulsloy, i'omeroy. Price, Raum, 
Roliertson, Sawyer, Selirm-'k, dcoficld, Solye, Shanks, 
Smith, Spalding,' Siarkw( atl.e,. Aaron F. Stevens. Thad- 
dcus Stevens, Tayli>r, 'Ihoif.ad, Trowbridge, Twichell, 
Upson, Van Aeriiam, Buit ^'an Horn, Robert T. Van 
Horn, Van Wyek, Ward, v:WdwaIader ('. Washl.um, El- 
lilm B. Wasliburne. He.uy D. Washburn, William B. 
Washburn, Welker,' ihomas Williams, William Wil- 
liams, James F. Wiiso/i, john T. Wilson, Stephen F. 
Wilson, Windom, Wooahi-idgc— 12-1. 

Nays — Messrs. Adainx, Archer, Axtcll, Brirnef!. IJnrnuni, 
Berk, Boycr, Brooks, tiarr, Carii, Chanlcr, FJilri'Uir, Fox, 
Gctz, Glosshrenner, ttoHadai/, Grovcr. Hniiiht, JInlman, 
Ilotchkiss, Richnrrt Ji). Hubbard, Hinnphrci/. Johnson, 
Jones, Kerr, KmaM. Marshall. McCormiek, Morrisscy, 
Munrjcn, Niblack, Nicholson, Phelps, Pni'iu, Pobinson, 
lioss, Sitgrcavrs, Atewart, Stone. Tabcr, L. S. Trimble, 
Van Aiikcn, Van 'frump, Wood, Woodward — 15. 

Pending this bill, 

1868, January 21— Mr. Butler off'ered a sub- 
stitute that, in order to supply the place of these 
illegal governments, the constitutional conven- 
tions of each of said States, as soon as such coii- 
, ventions, respectively, shall have submitted to 



RECONSTRUCTION MEASURES. 



330 



the people a constitution or frame of govern- 
ment for their ratification, shall have power to 
appoint all civil officers. It shall be the duty of 
the several district commanders to confirm the 
appointment of such oflicers by the convention ; 
to install each officer in liis office ; to cause to be 
put into the possession and control of each offi- 
cer the records and archives and other property 
of the State pertaining to his office, and to do all 
other acts which may be necessary to enable 
such State oflicers, respectively, to perform the 
functions of their ofiices. These governments to 
continue until each State shall be represented in 
Congress and other State officers shall have been 
elected and qualified under the constitution 
thereof. 

Which was disagreed to — yeas 53, nays 112. 
The yeas were: 

Messrs. Allison, Anderson, Arnell, Delos R. Ashley, 
James M. Ashley, Banks, Broomall, Butler, Cake, Gary, 
Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Co- 
burn. Donnelly, Driggs, Eckley, Ela, Perry, Fields, 
Gravely, Harding, Higby, Hunter, Judd, Julian, Kelley, 
Kelsey, Kitchen, William Lawrence, Logan, Lough- 
ridge, Maynard, McClurg, Mercur, Mullins, Newcomb, 
Nunn, Perham, Raum, Schenck, Shanks, Thaddeus 
Stevens, Taylor, Thomas, John Trimble, Robert T. Van 
Horn, Van'Wyck, Ward, William Williams, Stephen 
F. Wilson, Windom. 

This bill was not taken up in the Senate. 

VOTES SUBSEQUENT TO THE PASSAGE OF 
THE ACT OF MARCH 11, 1868, AND PRIOR 
TO THE ACTS OF JUNE 23, AND JUNE 25, 
1868. 

The Alabama Bill. 

1868, March 26— The House Committee on 
Reconstruction reported a bill to admit the State 
of Alabama to representation in Congress, as 
80on as the Legislature, then recently elected, 
shall have duly ratified the XlVth Amendment, 
for which a substitute was offered by Mr. Spald- 
ing, making the constitution recently framed the 
fundamental law for a provisional government, 
also providing that the officers elected at the 
recent election should qualify on the 1st of May, 
1868, and enter on their duties; and the Gov- 
ernor was authorized to convene the Legislature 
recently elected, who were given authority to 
submit said constitution for ratification, with 
such amendments as a majority of the Legisla- 
ture may adopt. It was further provided that, 
whenever the people, by a majority vote of the 
electors of Alabama, qualified under the act of 
Congress of March 23, 1867, to vote for dele- 
gates to frame a constitution, and actually 
voting upon said ratifix;ation, shall have ratified 
a constitution submitted as aforesaid, and the 
Legislature of the proposed State organization 
shall have adopted the amendment to the Con- 
stitation of ths Duited States proposed by the 
Thirty-Ninth Congress, and known as Article 
XIV, the constit-ation of Alabama may be pre- 
sented to Congress for its approval. 

This substitnta was agreed to — yeas 77, nays 
55, as follow : 

Yeas — Jfpssrp.Amc-g Anderson, Delos R.Ashley, James 
M. A ihley, Bakfr, Baldwin, Banks, Beatty, Benjamin, 
Bromwell, lirooinall, Churchill, Sidney Clarke, Coburn, 
Cook, Covode, C'uUom, Dawes, Dixon, Dodge, Driggs, 
Eckley, Eggicston, Eliot, Perriss, Ferry, Halsey, Haw- 
kins. Hill, Hopkins, Hunter, Ingersoli, Judd, Julian, 
K'^Ucy, Ketcham, Koontz, Laflin, William Lawrence, 



Loan, Loughridge. M.aynard, McClurg, Mctfcur, Moore, 
Moorhead, IMorrcll, Mullins, Myers, Nunn, O'Neill, 
Orth, Poland, Polf^lfv, I'omoroy, Price, Raum, Sawj-cr, 
Seofield. Shanks. Smith. Spaldins, Thaddeus Stevens, 
T.iffe, Twichell, Upson, Bait Van Horn, Robert T. V.an 
Horn, Ward, Ellihu B. Washburne, William B. Wash- 
burn, Welker, Thomas Williams, James F. Wilnon, 
John T. Wilson, Stephen P. Wilson, Woodbridge— 77. 

Nats— Messrs. Adams, ArnelJ, Bailey, Beaman, Beck, 
Bingham, Blaine, Boutwell, Brooks, Buckland, Burr, 
Carji, Eldridge, Farnsworth, Fields, Fox, Glossbrenner, 
Golladai/,GTa.ve]y, Qrovcr, ITaight, Ilobnan, Richard D. 
Hubbard, Hulburd, Humphrc'/, JalniKon, Jones, Kerr, 
Knott, Lincoln, Mallory, Marshall. iMillcr, Miingen, New- 
comb, Niblaek, Nicholson, Paine, Perham, Peters, Pile, 
Plants, Pruyn, Ross, SiUjreavcs, Taher, Taylor, Thomas, 
John Trimble, Lawrence S. Trimble, Van Auken, Van 
Trump, Van Wyck, Windom, Woodward — 55. 

The bill then passed — yeas 102, nays 29; the 
nays all Democrats, including Mr. Cary. 
The bill was not taken up in the Senate. 

The Arkansas Bill. 

During the pendency of the bill admitting 
the State of Arkansas to representation, in the 
Senate as in Committee of the Whole — 

1868, June 1 — Mr. Hendersoa moved this as a 
substitute for Mr. Drake's "fundamental condi- 
tion," previously noticed (page 337 : ) 

That said State, in fixing the qualifications of 
electors therein, shall not be authorized to dis- 
criminate against any person on account of race, 
color, or previous condition ; and also, on the 
further condition, that no person on account of 
race or color shall be excluded from the benefits 
of education, or be deprived of an equal share of 
the moneys or other funds created or used by 
public authority to promote education in said 
State. 

Which was disagreed to — yeas 5, nays 30, as 
follow : 

Yeas— Messrs. Buckalew, Doolittle, Henderson, Hen- 
dricks, Ross — 5. 

Nats — Messrs. Bayard, Cameron, Cattell, Chandler. 
Cole, Conkling, Cortiett, Drake, Ferry, Prelinghuysen, 
Harlan, Howe, Johnson, McCreery, Morrill of Maine, 
Morrill of Vermont, Nye, Patterson of Tennessee, Pom- 
eroy, Ramsey, Stewart, Thayer, Tipton, Trumbull, Van 
Winkle, Vickcrs, Wade, Willey, Williams, Yates— 30. 

The amendment of Mr Drake was then agreed 
to — yeas 26, nays 14, as follow : 

Yeas— Messrs. Cameron, Cattell, Chandler, Cole, 
Conkling, Cragin, Drake, Fessenden, Frelinghuyscn 
Harlan, Henderson, Howe, Johnson, Jlorrill of Blaine, 
Morrill of Vermont, Nye, Patterson of New Hampshire 
Ramsey, Stewart, Surnner, Thayer, Tipton, Trumbull, 
Wade, Wilson, Yates— 26. 

Nats — Messrs. Bayard, Buckalew, Corbett, Doolittle. 
Perry, Fowler, Hendricks, McCrccry, Patterson of Ten- 
nessee, Ross, Van Winkle, Vickers, Willey, Willianid 
—14. 

Mr. Hendricks moved to strike out all of tho 
preamble and bill after the enacting clause, and 
insert : " That the State of Arkansas is herebv 
declared restored to her former proper practii'al 
relations to the Union, and is again entitled 
to be represented by Senators and Representa- 
tives in Congress." 

Which was disagreed to — yeas 15, nays 26, 
as follow : 

Yeas — Messrs. Bayard, Buckalew. C(irbett, Doolittle, 
Ferry, Fowler, Hendricks, Johnson. McCreery. Patterson 
of New Hampshire, Patterson of Tennessee, Ross, Van 
Winkle, Vickcrs, Willey — 15. 

Nats— Messrs. Cameron. Cattell, Chandler, Cole., 
Conkling, Cragin, Drake, Fessenden, Prelinffhuysen, 
Henderson, Howe, Blorrill of Maine, Morrill of Ver- 
mont, Nye, Pomerov. Ramsev, Sherman, Stewar^ Sum- 
ner, Thayer, Tiptou,'Truml:-^Jl, Wade, AVilliams, Wilson. 
Yates— 26. 



340 



POLITICAL MANUAL. 



TLe bill being then reported to the Senate, 
Mr. Ferry offered an amoiidment to strike out 
all after the enactinr^ clause, and insert the 
words : " That the State of Arkansas is entitled 
and admitted to representation in Congress as 
one of the States of tlie Union." Which was 
disagreed to — yeas 18, nays 22, as follow : 

Yeas — Messrs. Bayard, Buckalcw, ConklinR, Corbett, 
DoolitUe, Ferry, Fessenden, Hendricks, McCreery, Pat- 
terson of New Hampshire. Patterson of Tennessee, 
RoSH, Sauhbury, Trumbull, Van Winkle, Vickerti, Wil- 
ley, Williams— IS. 

Nats— Messrs. Cameron, Cattell, Chandler, Cole, Cra- 

fin, Drake, Frelinshuysen, Harlan, Henderson, Howe, 
lorrill of Vermont. Nye, Pomeroy, Ramsey, Sherman, 
Stewart, Sumner, Thayer, Tipton," Wade, Wilson, Yates 



The bill then passed — yeas 34, nays S, as fol- 
lows: 

Yeas— Messrs. Anthony, Cameron, Cattell, Chandler, 
Cole, Conkling, Corbett, Crasin. Drake, Edmunds, Fes- 
senden, Frelinghuysen. Harlan, Henderson, Howe, 
Morrill of Maine, Morrill of Vermont, Nye, Patterson 
of New Hampshire. Pomeroy, Kamsey, Ross, Sherman, 
Stewart, Sumner, Thayer, Tipton, Trumluill, Van Win- 
kle, Wade. Willey, Williams, Wilson, Yates— 34. 

Nays — Messrs. Bayard, Buckalew, DoolitUe, Hendricks, 
McOreery, Pattersono{Tennessee, Saulsbury, Vickers — 8. 

The Bill to Admit North Carolina, South Caro- 
lina, Louisiana, Georgia, Alabama, and Flor- 
ida to Representation in Congress, 

In this bill, as originally passed by the House, 
May 14, this provision was inserted at the close 
of the first section : 

So much of the seventeenth section of the fifth 
article of the constitution of tiie State of Geor- 
gia as gives authority to Legislatures or courts to 
repudiate debts contracted prior to the 1st day 
of June, 1865, and similar provisions in all 
other of the constitutions mentioned in this bill, 
shall be null and void as against all men who 
■were loyal during the whole time of the rebel- 
lion, and who during that time supported the 
Union, and they shall have the same rights in 
the courts and elsewhere as if no rebellion had 
ever existed. 

This section was agreed to — yeas 79, nays 50, 
as follow : 

Yeas — Messrs. Adams, Ames, Anderson, Arnell, 
James M. AsWey, Beaman, Beatty, Benjamin, Benton, 
Blair, Bromwell, Broomall, Buckland, Cake, Reader 
W. Clarke, Sidney Clarke, Cobb, Coburn, Donnelly, 
Driggg, Eckley, Eggleston, Farnsworth, Fields, Grave- 
ly, Harding, Higby, Hill, Holman, Hooper, Hopkins, 
Chester D. Hubbard, Hunter, Julian, Kelley, Kelsey, 
Kitchen, Koontz, George V. Lawrence, William Law- 
renoe. Loan, Loughridge, Marvin, MeCartliy, McClurg, 
Miller, Morrell, Mvers, Noweomb, Niiiin, t)'Neill, Ortli, 
Perhain, Peters, Plants, Polsley, Price, Raum, Robert- 
son, Sawyer, Shanks, Smith, Tluiddeus Stevens, 
Stavart, Stokes, Taffe, Thomas, .Tohn Trimble. Trow- 
bridge, Twiohell, Upson, Van Wyek, Waid. Walker, 
"William Williams, Stephen F. Wilson, Windom, Wood- 
bridge, Woodirard — 70. 

Nays — Messrs. Allison, D"los R. Ashlej', Bailey, 
Baker, Banks, Bingh.am, Boutwell, Bo'^rr, f^ullom. Ela, 
Eldridtje, Eliot. Ferriss, Ferry, Garfield. Getz, Gloss- 
brenner, GoUadaxi, Graver, Ingersoll, Johnson. Judd, 
Kerr, Kotcham, Knott, Lallin. Lincoln. Logan. Mallory, 
McCormirk, Ploorc, Morgan, Munijen, Kiblack, Aicliolson, 
Paine, Pile, Prut/n. Pandnll. Rom, Snhcnek, Sitrjrcavcs, 
Varon F. Stevens, Tavlor. Van Auken,nnrt\an Horn, 
Van Trionp, Ellihu J!. Waslil)urne, Henry D. Wash- 
bum, William B. WiisUburn— .JO. 

A motion by Mr. Woodbridge to strike "Ala- 
bama" from the bill, was disagreed to — yeas 60, 
nays 74, as follow : 

Yeas— Messrs. Delos R. Ashley, Baker. Baldwin, 
Beck, Blair, Boyer, Brooke, Burr, Coburn, Driggs, Eld- 



ridge, Ferry, Garfield, Getz, Glossbrcnner, GoUodaii, Gro 
vet, Hawkins, Higby, Hopkins, HotchkUs, Humphrey, 
Ingersoll, Jenckes, Johnson, Julian, Kerr, Ketcliam, 
Knott, George V. Lawrence, Loan, Marshall, Miwv'm, 
MeCormiek, Morgan. Mungen, Jlyers, Niblack, Nicholson, 
Ortli, Phelps, Poland, Prnyn, Randall, Robert.son. Rob- 
inson, Ross, Sawyer, Sitgreaucs, Smith, Stewart, Stone, 
Taylor, Van Auiien, Van Trump, Ward, KlUhn li.\Vi\?h- 
buriie, William B. Washburn, Woodbridge, Wood- 
ward — GO. 

Nays — Messrs. Allison, Ames, Anderson, Arnell. Jame.s 
M. Ashley, Bailey, Beaman, Beatty, Benjamin, Benton, 
Bingham. Boutwell, Bromwell, feroomal" 'Auckland, 
Reader W. Clarke. Sidney Clarke, Cobb, Covoop Cul- 
lom, Eeklev, Ela, Farnsworth, Ferriss, Fi*.<^.*, v^rfcively, 
Harding. Chester D. Hubtiard, Hunter, Judd, Kelley, 
Kelsey, Kitchen, Koontz, William Lawrence, Lincolii, 
Loughridge, Mallory, McCarthy, McClnrg, Miller, 
Moore, Morrell, Newcomb, Nunn, O'Neill, Paine, Per- 
ham, Peters, Pike, Pile, Plants, Polsley, Price, Raum, 
Sehenek, Seofleld, Shanks, Aaron F. Stevens. Thaddeua 
Stevens, Stokes. Tatfe, Thomas, John Trimble, Trow- 
bridge, Twichell, Upson, Burt Van Horn, Van Wyek, 
Henry D. Washburn, Welker, William Williams, Ste- 
phen F. Wilson, Windom— 74. 

In Senate. 

June 2 — The bill was reported with amend- 
ments. As reported it excluded Alabama, and 
added Florida. 

June 9 — Mr.Wilson moved to insert Alabama; 
which was agreed to — yeas 22, nays 21, as fol- 
low : 

Yeas — Nessrs. Anthony, Chandler, Conness, Corbett, 
Ferry, Fowler, Harlan, Morrill of Maine, Blorton, Nye, 
Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, 
Tipton, Van Winkle, Wade, Willey, Williams, Wilson 
—22. 

Nays — Messrs. Bayard, Buckale^v, Cole, Conkling, Da- 
rn, Doolittlc, Edmiinds, Fessenden, Frelinghuysen, 
Hendricks, Howard, Wovie, Johnson. il/cC^'Ct'r'y, 'Morgan, 
Morrill of Vermont, Patterson of Tennessee, Saulsbury, 
Trumbull, Vickers, Yates — 21. 

June 10 — Mr. Sherman moved to strike from 
the first section the words : 

And the State of Georgia shall only be enti- 
tled and admitted to representation upon this 
further fundamental condition : that the first 
and third subdivisions of section seventeen of 
the fifth article of the constitution of said State, 
exce[(t tlie proviso to the first subdivision, shall 
be null and void, and that the general assem- 
bly of said State, by solemn public act, sliall 
declare the assent of the State to the foregoing 
fundamental condition. 

Which was disagreed to — yeas 8, nays 35, aa 
follow : 

Yeas — Messrs. Cameron, Ferry, Howe, Ramsey, Sher- 
man, Thayer, Williams, Wilson — 8. 

Nays — IS'lessrs. Anthony, Buckalew, Chandler, Cole, 
Conkling, Conness, Corbett, Cragin, Davis, Drake, Ed- 
munds, iPessenden. Frelinghuysen, Harlan, Hendricks, 
Howard, Johnson, McCreery, Morgan, Morrill of Maine, 
Morrill of Vermont, Morton, Nye, Patterson of New 
Hampshire, Patterson of Tenneksee, Ross, Saulsbury, 
Sumner. Tipton. Trumbull, Van Winkle, Vickers, Wade, 
Willey, Yates— 35. 

Mr. Williams moved to strike out of the first 
section all after the words "fundamental condi- 
tion," and insert as follows: 

That so much of the seventeenth section of 
the fifth article of the constitution of the Stale 
of Georgia as suspends the collection of debts 
contracted prior to the 1st day of June, 1SG5, 
shall be void as against all persons who were 
loyal during the late rebellion, and who, during 
that time, supported the Union. 

Which was rejected. 

Mr. Williams moved to insert this clause after 
the word "same" in the third section, and bo- 
fore what is now the last clause of the bill : 



RECONSTRUCTION MEASURES. 



541 



And thereupon the officers of each State, duly 
elected and qualified under the constitution 
thereof, shall be inaugurated without delay ; but 
no person prohibited from holding office under 
the United States, or under any State, by section 
three of the proposed amendment to the Consti- 
tution of the United States, known as article 
fourteen, shall be deemed eligible to any office 
in either of said States. 

The first clause of the amendment, closing 
with " delay,'' was agreed to — yeas 23, nays 18, 
as follow : 

Ybm — Messrs. Cameron, Chandler, Conness, Corbett, 
Craain, Drake, Edmunds, Howard, Morrill of Maine, 
Morrill of Vermont, Morton, Nye, Patterson of New 
Hampshire, Pomeroy, Ramsey, Stewart, Sumner, 
Thayer, Tipton,- Wade, Williams, Wilson, Yates— 23. 

Nays — Messrs. Bauard, Buckalew, Cole, Conkling, 
Davis, Fowler, Frelinghuysen, Harlan, Hendricks, Mc- 
Creeri/, Morgan, Pattercon of Tennessee, Ross, Sauls- 
6ur!/, 'Trumbull, Van Winkle, Vickers, Willey— 18. 

The second clause was agreed to — yeas 26, 
nays 15, as follow : 

Yeas— Messrs. Cameron, Chandler, Cole, Conness, 
Corbett, Cra.cin, Drake, Harlan, Howard, Morrill of 
Maine, Morrill of Vermont, Morton, Nye, Patterson of 
New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, 
Thayer, Tipton, Van Winkle, Wade, Willey, Williams, 
Wilson, Yates— 26. 

Nays- Messrs. Bayard, Buckalew, Conkling, Davis, 
Edmunds, Fowler, Frelinghuysen, Hendricks, McCreery, 
Morgan, Patterson of Tennessee, Ross, Saulsbury, 
Trumbull, Vickers — 15. 

Mr. Trumbull moved to strike out " Alabama," 
which had been inserted in Committee of the 
Whole ; which was disagreed to — yeas 16, nays 
24, as follow : 

Yeas — Messrs. Bayard, Buckalew, Conkling, Davis, 
Edmunds, Frelinghiiysen, Hendricks, Howe, McCreery, 
Morgan, Morrill of Vermont, Patterson of Tennessee, 
Sautibury, Trumbull, Vickers, Yates — 10. 

Nays— Messrs. Cameron, Chandler, Conness, Corbett, 
Cragin, Drake, Ferry, Harlan, Morrill of Maine, Mor- 
ton, Nye, Pomeroy, Ramsey, Ross, Sherman, Stewart, 
Sumner, Thaver, Tipton, Van Winkle, Wade, Willey, 
Williams, Wilson— 24. 

Mr. Conkling offered the following additional 
proviso : 

And the State of Alabama shall be entitled 
and admitted to representation only upon this 
further fundamental condition : that section 
twenty -six of the first article of the constitution 
of said State, except so much thereof as makes 
navigable waters public highways, shall be null 
and void, and that the general assembly of said 
State, by a solemn public act, shall declare the 
assent of the State to the foregoing fundamental 
condition. 

Which was disagreed to — yeas 16, nays 23, as 
follow: 

Yeas — Messrs. Anthony, Buckalew, Conkling, Corbett, 
Edmunds, Frelinghuysen, Hendricks, Howe, McCreery, 
Morgan, Morrill of Maine, Morrill of Vermont, Nye, 
Patterson of Tennessee, Ross, Vickers — 16. 

Nays — Messrs. Chandler, Cole, Conness, Cragin, 
Drake, Ferry, Harlan, Howard, Morton, Pomeroy, 
Ramsey, Saulsbury, Sherman, Stewart, Sumner, Thayer, 
I ipton, Van Winkle, Wade, Willey, Williams, Wilson, 
Yates— 23. 

Mr. Williams offered to add to his amendment 

F 



adopted above, the words : " Unless relit-ved from 
disability, as provided in said amendment;" 
which was agreed to. 

The bill then passed — yeas 31, nays 5 ; as fol- 
low: 

Yeas — Messrs. Anthony, Cameron, Chandler, Cole, 
Conkling, Conness, Cragin, Drake, Ferrj-, Frelinghuy- 
sen, Harlan, Howard, Howe, Morgan, Morrill of Maine, 
Morrill of Vermont, Nye, Patterson of New Hamp- 
shire, Pomeroy. Rarnsey, Ross, Sherman, Stewart, Sum- 
ner, Thayer, Tipton, Trumbull, Wade, Williams, Wil- 
son, Yates — 31. 

Nays — Messrs. Bayard, Buckalew, McCieery, Patterson 
of Tennessee, Vickers — 5. 

In House. 

June 12 — The Committee on Reconstruction 
recommended concurrence in the Senate amend- 
ments. 

Mr. Farnsworth moved to strike Florida from 
the bill ; which was disagreed to — yeas 45, nays 
99, as follow : 

Yeas — Messrs. Archer. Axtell, Barnes, Beck, Bayer, 
Bromwell, Brooks, Burr, Cobb, Eldrid^e, Eliot, Farns- 
worth, Getz, Glossbrenner, Oolladay, Grover, Harding, 
Holman, Hopkins, Hotchkiss, Julian, Knott, Marshall, 
Maynard, McCormick, McCullough, Morrissey, Nlblack, 
Nicholson. Paine, Phelps, Pike, Priee, Randall, Robinson, 
Sawyer, Stewart, Stone, Taber, Taffe, Lawrence S. Trim- 
ble, ^Van Auken, Van Trump, Ellihu B. Washburne, 
Woodward — 15. 

Nays — Messrs. .Mlison, Ames, Delos R. Ashley, James 
M. Ashley, Bailey, Baker, Baldwin, Banks. Beaman, 
Beatt}', Benjamin, Benton, Bingham, Blaine, Blair, 
Broomall, Buckland, Butler, Cake, Churchill, Reader 
W. Clarke, Sidney Clarke, Coburn, Cook, Cornell, Co- 
vode, CuUom, Dawes, Delano, Dixon, Dodge. Donnelly, 
Driggs. Eckley, Eggleston, Ela, Ferriss, Ferry, Fields, 
Garfield, Gravely, Griswold, Halsey, Hawkins, Higby, 
Chester D. Hubbard. Hulburd, IngersoU, Judd, Kelsey, 
Keteham, Kitchen, Koontz, Laflin, Lincoln, Loan, Lo- 
gan, Loughridge, Lynch, Blallory, Marvin, McClurg, 
Slercur, Miller, Moore, Morrell, Mullins, Myers, New- 
comb, O'Neill, Pile, Plants, Polsley, Pomeroy, Raum, 
Robertson, Schenck, Scofield. Selye, SlieJlabarger, 
Spalding, Starkweather, Aaron F. Stevens. Stokes, Tay- 
lor, Thomas, John Trimble, Trowbridge, Twichell, Up- 
son, Van Aernam, Robert T. Van Horn, Ward, Henry 
D. Washburn, William B. Washburn, Welker, William 
Williams, John T. Wilson, Windom— 99. 

The amendments were then concurred in — 
yeas 111, nays 28 ; as follow: 

Yeas — Messrs. Allison, Ames, Delos R. Ashley, James 
M. Ashley, Bailey, Banks, Beaman, Beatty, Benjamin, 
Benton, Bingham, Blaine, Blair, Bromwell, Broomall, 
Buckland, Butler, Churchill, Reader W. Clarke, Sidney 
Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, 
Dawes, Delano, Dixon, Dodge, Donnelly, Driggs, Eck- 
ley, Eggleston, Ela, Eliot, Ferriss, Ferry, Fiefds, Gar- 
field, Gravely, Griswold, Halsey, Harding, Hawkins, 
Higby, Hopkins, Chester D. Hubbard, Hulburd, Inger- 
soU, Judd, Julian, Kelsey, Keteham, Kitchen, Koontz, 
Laflin, Lincoln, Loan, Logan, Loughridge, Lynch, Mal- 
lory, Marvin, Maynard, McClurg, Mercur, Miller, Moore. 
Morrell, Mullins, Myers, Newcomb, O'Neill, Paine, Pe- 
ters, Pike, Pile, Plants, Polsley, Pomeroy, Price, Raum, 
Robertson, Sawyer, Schenck, Scofield. Selye, Sheila- 
barger, Spalding, Starkweather, Aaron F.Stevens, Stew- 
ard, Stokes, Tafle, Taylor, Thomas, John Trimble, Trow- 
t)ridge, Twichell, Upson, Van Aernam, Robert T. Van 
Horn, Ward, Ellihu B. Washburne, Henry D. Wash- 
burn, William B.Washburn, Welker, William Williams, 
John T. Wilson, Windom— 111. 

Nays — Messrs. Archer, Axtell, Barnes, Boyer, Brooks, 
Burr. Eldridge, Getz, Glossbrenner, Golladay, Grove-, 
Holman, Hotchkiss, Marshall, McCormick, McCullough, 
Morrissey, Niblack, Nicholson, Phelps, Randall, Robinson, 
Stone, Taber, Lawrence S. Trimble, Van Auken, Vam 
Trump, Woodward — 28. 



xxx. 



PRESIDENT JOHNSON'S PROCLAMATIONS AND ORDERS.* 



Enjoining Obedience to the Constitution and 
Laws, September 3, 1867. 

Whereas, by the Constitution of the United 
States, the executive power is vested in a Presi- 
dent of the United States of America, who is 
bound bv solemn oath faithfully to execute the 
office of" President, and to the best of his ability 
to preserve, protect, and defend the Constitution 
of the United States, and is by the same instru- 
ment made Commander-in-Chief of the army 
and navy of the United States, and is required 
to take care that the laws be faithfully executed ; 

And whereas, by the same Constitution, it is 
provided that the said Constitution and the 
laws of the United States which shall be made 
in pursuance thereof shall he the supreme law 
of the land, and the judges in every State shall 
be bound thereby ; 

And whereas in and by the same Constitution 
the judicial power of the United States is vested 
in one Supreme Court and in such inferior courts 
as Congress may from time to time ordain and 
establish, and the aforesaid judicial power is 
declared to extend to all cases in law and equity 
arising under the Constitution, the laws of the 
United States, and the treaties which shall be 
made under their authority ; 

And whereas all officers, civil and military, 
are bound by oath that they will support and 
defend the Constitution against all enemies, for- 
eign and domestic, and will bear true faith and 
allegiance to the same ; 

And whereas all officers of the army and navy 
of the United States, in accepting their commis- 
sions under the laws of Congress and the rules 
and articles of war, incur an obligation to ob- 
serve, obey, and follow such directions as they 
shall from time to time receive from the Presi- 
dent or the General, or other superior officers set 
over them, according to the rules and discipline 
of war ; 

And whereas it is provided by law that when- 
ever, by reason of unlawful obstructions, combi- 
nati'^ns, or assemblages of persons, or rebellion 
against the authority of the Government of the 
United States, it shall become impracticable, in 
the judgment of the President of tiie United 
States, to enforce, by the ordinary course of 
iudicial proceedings, the laws of the United 
States within any State or Territory, the Exec- 
utive in that case is authorized and required to 
secure their faithful execution by the employ- 
ment of the land and naval forces ; 

And whereas impediments and obstructions, 
serious in their character, have recently been 
interposed in the States of North Carolina and 
South Carolina, hindering and preventing for a 
time a proper enforcement tliere of the laws of 
the Unitea States, and of the judgments and 
decrees of a lawful court thereof, in disregard 



* For other proclamations and orders, see pap;c8 7-18 
of the Manual of 180G, and pagos 08-7t of the Manual of 
1867 or 104-200 of the '.ombined Manual. 



of the command of the President of the United 
States ; 

And whereas reasonable and well-founded 
apprehensions exist that such ill-advised and 
unlawful proceedings may be again attemj)ted 
there or elsewhere : 

Now. therefore, I, Andrew Johnson, President 
of the United States, do hereby warn all persons 
against obstructing or hindering in any manner 
whatsoever the i'aithful execution of the Consti- 
tution and the laws; and I do solemnly enjoin 
and command all officers of the Government, 
civil and military, to render due rz'^mission and 
obedience to said laws, and to the judgments 
and decrees of the courts of the United States, 
and to give all the aid in their power necessary 
to the prompt enforcement and execution of 
such laws, decrees, judgments, and processes. 

And I do hereby enjoin upon the officers of 
the army and navy to assist and sustain the 
courts and other civil authorities of the United 
States in the faithful administration of the lawa 
thereof, and in the judgments, decrees, mandates, 
and processes of tlie courts of tlie United States ; 
and I call upon all good and well-disposed citi- 
zens of tlie United States to remember that upon 
the said Constitution and laws, and upon the 
judgments, decrees, and processes of the court?) 
made in accordance with the same, depend the 
protection of the lives, liberty, property, and 
happiness of the people. And I exhort tliem 
everywhere to testify their devotion to their 
country, their pride in its prosperity and great- 
ness, and their determation to upliold its free in- 
stitutions by a hearty co-operation in the efforts 
of the Government to sustain the authority of 
the law, to maintain the supremacy of the Fed- 
eral Constitution, and to preserve unimpaireiJ 
the integrity of the National Union. 

In testimony whereof, I have caused the seal 
of the United States to be affixed to these pre- 
sents, and sign the same with my hand. 

Done at the city of Washington the 3d day of 

[l. s.] September, in the year 1S67. 

-D ,, T) -J L Andrew Johnson. 

By the President : 

Wm. H. Seward, Secretary of State. 

Extending Full Pardon to Certain Persons who 
were Engaged in the late Rebellion, Septem- 
ber 7, 1867. 

Whereas, in the month of July, anno Domini 
18G1, the two houses of Congress, with extra- 
ordinary unanimity, solemnly declared that tho 
war then existing was not waged on the part of 
the Government in any spirit of oppression, nor 
for any purpose of conquest or subjugation, nor 
purpose of overthrowing or interfering with the 
rights or established institutions of the States, 
hut to defend and maintain the supremacy of 
the Constitution, and to preserve the Union with 
all the dignity, equality, and rights of the 
several States unimpaired, and that as soon as 
these objects should be accomplished the war 
ought to cease ; 

82 



RECONSTRUCTION MEASURES. 



343 



And whereaa the President of the United 
States, on the eiglith day of December, anno 
Domini 1863, and on the twenty-sixth day of 
March, anno Domini 1864, did, with the objects 
of suppressing the then existing rebellion, of 
inducing all persons to return to their loyalty, 
and of restoring the authority of the United 
States, issue proclamations offering amnesty and 
pardon to all persons who had directly or indi- 
rectly participated in the then existing rebellion, 
except as in those proclamations was specified 
and reserved ; 

And whereas the President of the United 
States did, on the twenty-ninth day of May, 
anno Domini 1865, issue a further proclamation 
with the same objects before mentioned, and to 
the end that the authority of the Government of 
the Untted States might be restored, and that 
peace, order, and freedom might be established, 
and the President did, by the said last- 
mentioned proclamation, proclaim and declare 
thac he thereby granted to all persons who 
had directly or indirectly participated in the 
then existing rebellion, except as therein ex 
cepted, amnesty and pardon, with restoration of 
all rights of property, except as to slaves, and 
except in certain cases where legal proceedings 
had been instituted, but upon condition that 
such persons should take and subscribe an oath 
therein prescribed, which oath should be regis- 
tered for permanent preservation; 

And whereas, in and by the said last-mentioned 
proclamation of the twenty-ninth day of May, 
anno Domini 1865, fourteen extensive classes of 
persons, therein specially described, were alto- 
gether excepted and excluded from the benefits 
thereof ; 

And whereas the President of the United 
States did, on the second day of April, anno 
Domini liiQ6, issue a proclamation declaring 
that the insurrection was at an end, and was 
thenceforth to be so regarded ; 

And whereas there now exists no organized 
armed resistance of misguided citizens or others 
to the authority of the United States in the 
States of Georgia, South Carolina, Virginia, 
North Carolina, Tennessee, Alabama, Louisiana, 
Arkansas, Mississippi, Florida, and Texas, and 
the laws can be sustained and enforced therein 
by the proper civil authority. State or Federal, 
and the people of said States are well and loyally 
disposed, and have conformed, or, if permitted 
to do so, will conform in their legislation to the 
condition of affaire growing out of the amend- 
ment to the Constitution of the United States 
prohibiting slavery within the limits and juris- 
diction of the United States ; 

And whereas there no longer exists any rea- 
Eonable ground to apprehend, within the States 
which were involved in the late rebellion, any 
renewal thereof, or any unlawful resistance by 
the people of said States to the Constitution and 
laws of the United States ; 

And whereas large standing armies, military 
occupation, martial law, military tribunals, and 
the suspension of the privilege of the writ of 
habeas corpus and the right of trial by jury, 
are, in time of peace, dangerous to public liberty, 
incompatible with the individual rights of the 
citizen, contrary to the genius and spirit of our 



free institutions, and exhaustive of the national 
resources, and ought not, therefore, to be sanc- 
tioned or allowed, except in cases of actual neces- 
sity for repelling invasion, or suppressing insur- 
rection or rebellion ; 

And whereas a retaliatory or vindictive 
policy, attended by unnecessary disqualifica- 
tions, pains, penalties, confiscations, and dis- 
franchisements, now, as always, could only tend 
to hinder reconciliation among the people and 
national restoration, while it must seriously 
embarrass, obstruct, and repress popular ener- 
gies and national industry and enterprise ; 

And whereas, for these reasons, it is now 
deemed essential to the public welfare, and to 
the more perfect restoration of constitutional 
law and order, that the said last-mentioned pio- 
clamation, so as aforesaid issued on the 29th 
day of May, A. D. 1865, should be modified, and 
that the full and beneficent pardon conceded 
thereby should be opened and further extended to 
a large number of the [lersons who, by its afore- 
said exceptions, have been hitherto excluded 
from executive clemency: 

Now, therefore, be it known that I, Andrew 
Johnson, President of the United States, do 
hereby proclaim and declare that the full pardon 
described in the said jiroclamation of the 29th 
day of May, A. D. 1865, shall henceforth be 
opened and extended to all persons who, directly 
or indirectly, participated in the late rebellion, 
with the restoration of all privileges, immuni- 
ties, and rights of property, except as to proper- 
ty with regard to slaves, and except in cases of 
legal proceedings under the laws of the United 
States; but upon this condii-ion, nevertheless : 
that every such person who shall seek to avail 
himself of tliis proclamation shall lake and sub- 
scribe the following oath, and shall cause the 
same to be registered for permanent preserva- 
tion, in the same manner and with the same 
effect as with the oath prescribed in the said 
proclamation of the 29th day of Maj', 1865, 
namely : 

" I, , do solemnly swear, (or affirm,) in presence 

of Almighty God, that I will henceforth faithfully 
support,'proteet, and defend the Constitution of the 
United States, and the Union of the States thereunder ; 
and that I will, in like maimer, abide by and faithfully 
support all laws and proclamations which have been 
made during the late rebellion with reference to the* 
emancipation of slaves : So help me God." 

The following persons, and no others, are ex- 
cluded from the benefits of this proclamation, 
and of the said proclamation of the twenty-nintb 
day of May, 1865, namely : 

First. The chief or pretended chief executive 
oflicers, including the President, Vice President, 
and all heads of departments of the pretended 
Confederate or rebel Government, and all who 
were agents thereof in foreign States and coun- 
tries, and all who held, or pretended to hold, in 
the service of the said pretended Confederate 
Government, a military rank or title above tha 
grade of brigadier general, or naval rank or 
title above that of captain, and all who wera 
or pretended to be Governors of States, while 
maintaining, aiding, abetting, or submitting, to 
and acquiescing in the rebellion. 

Second. All persons who in any way treated 
otherwise than as lawful prisoners of war per- 
sons who in any capacity were employed or en- 



344 



POLITICAL MANUAL. 



gaged in tlie military or naval service of the 
Jnited States. 
Third. All persons who, at the time they may 
seek to obtain the benefits of this proclamation, 
are actually in civil, military, or naval confine- 
ment or custod}', or legally' held to bail, either 
before or after conviction, and all persons who 
were engaged directly or indirectly in the assas- 
Fination of the late President of the United 
States, or in any plot or conspiracy in any man- 
ner therewith connected. 

In testimony whereof, I have signed these 

presents with my hand, and have caused the seal 

of the United States to be hereunto affixed. 

Done at the city of Washington, the seventh 

day of September, in the j'ear of our 

Lord one thousand eight hundred and 

[seal.] sixty-seven, and of the Independence 

of the United States of America the 

ninety-second. 

Andrew Johnsok. 
By the President: 

William H. Sewaed, 

Secretary of State. 

Of General Amnesty, July 4. 1868. 

Whereas in the month of July, A. D. 1861, in 
accepting the condition of civil war, which was 
brought about by insurrection and rebellion in 
several of tlie States which constitute the United 
Slates, the two houses of Congress did solemnly 
declare tliat the war was not waged on the part of 
the Government in any spirit of oppression, nor for 
any purpose of conquest or subjugation, nor for 
any purpose of overthrowing or interfering with 
the rights or established institutions of the States. 
but only to defend and maintain the supremacy 
of the Constitution of the United States, and to 
preserve the Union with all the dignity, equality, 
ami rights of the several States unimpaired; 
and that so soon as these objects should be ac- 
accornplished, the war on the part of the Govern- 
ment should cease; 

And whereas the President of the United 
States has heretofore, in the spirit of that decla- 
ration, and with the view of securing for it ulti- 
mate and complete effect, set forth several proc- 
lamations, offering amnesl}' and pardon to persons 
who had been or were concerned in the aforesaid 
rebellion, which proclamations, however, were 
attended witli ]irudential reservations and excep- 
tions, then deemed necessary and proper, and 
which proclamations were respectively issued on 
tho 8tli diiy of December, 1863, on tlie 26th day 
of March, 1804, on the 29th day of May, 1865, 
and on the 7th. day of September, 1867 ; 

And whereas the said lamentable civil war 
has long since altogether ceased, with an ac- 
knowledged guarantee to all the States of the 
pupremaoy of the Federal Constitution and the 
Government tliereunder ; and tliere no longer 
oxists any reasonable ground to apprehend a 
renewal of the said civil war, or any foreign 
interference, or ai.y unlawful resistance by any 
portion of the people of any of the States to 
the Constitution and laws of the United States ; 

And wliere;i8 it is desirable to reduce the. 
standing army, and to bring to a speeily termi- 
nation mililary occupation, martiwl law, military 
tribunals, abridgement of freedom 'Of speech andj 



of the press, and suspension of the privilege of 
habeas corpus, and the right of trial by jury — 
such encroachments upon our free institutions 
in times of peace being dangerous to public 
liberty, incompatible with the individual rights 
of the citizen, contrary to the genius and spirit 
of our republican form of government, and ex- 
haustive of the national resources; 

And whereas it is believed that amnesty and 
pardon will tend to secure a complete and uni- 
versal estalili.-ihrnentand prevalence of municipal 
law and order, in conformity with the Constitu- 
tion of the United States, and to remove all 
appearances or presumptions of a retaliatory or 
vindictive policy on the part of the Government' 
attended by unnecessary disqualifications, pair.a, 
penalties, confiscations, and disfranchisements: 
and, on the contiary, to promote and procure 
complete fraternal reconciliation aniongthe whole 
people, witii due submission to the Constitution 
and laws : 

Now, therefore, be it known that I, Andrew 
Johnson, President of the United States, do, by 
virtue of the Constitution and in the name of 
the people of the United Stales, hereby proclaim 
and declare, unconditionally and witliout reser- 
vation, to all and to every person who directly 
or indirectly participated in the late insurrection 
or rebellion, excepting such person or persons as 
may he under firesentment or indictment in any 
court of the United Slates having competent 
jurisdiction upon a charge of treason or other 
felony, a full pardon and amnesty for the offence 
of treason against the United States, or of ad- 
hering to their enemies during th« late civil 
war, with restoration of all rights of property, 
except as to slaves, and except also as to any 
property of which any person may have been 
legally divested under the laws of ihe United 
Slates. 

In testimony wherof I have signed these 
presents with my hand, and have caused the 
seal of the United States to be hereunto affixed. 

Done at tlie city of Washington, the fourth 

day of July, in the year of our Lord one 

[seal.] thousand eight hundred and sixty-eight, 

and of the independence of the United 

States of America the ninety-third. 

Andrew Joukson. 

By the President: 

William H. Seward, Secy of State. 

Order Respecting the Transaction of Public 
Business, December 17, 1867. 

It is desired nnd advised that all communi- 
cations in writing intended for the executive 
dej>artment of the Government, and relating 
to public business, of whatever kind, including 
suggestions for legislation, claims, contracts, 
employment, appointments and removals iVora 
office, and pardons, be transmitted directly, in 
the first instance, to the head of the department 
to which the care of the subject-matter ot the 
communication properly belongs. This regula- 
tion has become necessary for the more conve- 
nient, punctual, and regular despatch of the 
public business. 

By ord( r of the President : 

William H. Seward, Secy of StaU. 

•iVashingtok, December 17 1867. 



PROCLAMATIONS AKD ORDERS. 



345 



Correcting an Error of Date in previous Frocla- 
mation,* October 7, 1867. 

Whereas it has been ascertained that in the nine- 
•leentli paragraph of the proclamatio.n of the Presi- 
dent of the United States, of the 20lh of August, 
18G6, declaring the insurrection at an end which 
had tlieretofore existed in tlie State of Texas, the 
previous proclamation of the loth of June, 1865, 
instead of that of the 2d of April, 186G, was re- 
ferred to. Now, therefore, be it known that I, 
Andrew Johnson, President of the United States, 
do hereby declare and proclaim, that the said 
words " tiiirteenth of June, one thousand eight 
hundred and sixty-five " are to be regarded as 
erroneous in the paragraph adverted to, and 
that the words " second day of April, one thous- 
and eiglit hundred and sixty-six" are to be 
considered as substituted therefor. 

In testimony whereof, I have hereunto set 
my hand, and caused tbe seal of the United 
States to be affixed. 

Done at the city of Washington, this 7th day of 
October, in the year of our Lord 1867, 
[seal.] and of the Independence of the United 
States of America, the ninety-second. 
Andeew Johnson. 

By the President : 

William H. Sewakd, Secy of Slate. 

Orders Referring to Reconstruction.t 

[General Orders No. 77.] 

Headij'ks of Akmy, Adj't Gen's Office, 
Washington, August 19, 1867. 

I. The following orders have been received 
From the President: 

(For these orders see page 306.) 

II. In pursuance of the foregoing order of the 
President of the United States, Major General 
G. II. Thomas will, on receipt of the order, turn 
over his jiresent command to the officer next in 
rank to him.'^elf, and proceed to New Orleans, 
Louisiana, to relieve Major General P. H. Sher- 
idan of the command of the fifth military dis- 
trict. 

III. Major General P II. Sheridan, on being 
relieved from the command of the fifiii military 
dislrict by Major General G. II. Thomas, will 
jTroceed to Fort Leavenworth, Kansas, and will 
relieve Major General W. S. Hancock in the 
command of the department of the Missouri. 

IV. i'llajor General W. S. Hancock, on being 
relieved from the command of the department 
of the Missouri by Major General Slieridan, will 
I'roceed to Louisville, Kentucky, and will as- 
sume command of the department of the Cum- 
berland. 

V. J\Iajor General G. H. Thomas will continue 
to execute ull orders he may find in force in the 
fifth military district at the time of his assuming 
command of it, unless authorized by the General 
of the army to annul, alter, or modify them. 

VI. Major General Slieridan, before relieving 
Major General Hancock, will report in person 
at these headquarters. 

By command of General Grant. 

E. D. To\rasENQ, A- 4. Q< 



* Sec page 70 of the Manual for 1807, or page 100 of 
the comttined Manual for t.he proclamation referred to, 

•f For previous order see page T.i of Politi<":al Man- 
ual of 18()7, or page 199 of the combined Manual. 



[General OrJois No. 81.] 
Headquarteks of the Ai:jiy, 
Adjutant Glneeal's Office, 
Wasuington, August 27, 1867. 

I. The following orders have been received 
from the President: 

(For these orders see page SOS.) 

II. In compliance with the foregoing instruc- 
tions of the President of the United States, Major 
General P. II. Sheridan will, on receipt of this 
order, turn over his present command to Brevet 
Major General Charles Griffin, the officer next 
in rank to himself, and proceed, without delay 
to Fort Leavenworth, Kansas, and will relieve 
Major General Hancock in command of the de- 
partment of the Missouri. 

Ill On being relieved by Major General 
Sheridan, Major General Hancock will proceed 
without delay, to New Orleans, Louisiana, and 
assume command of the fifth military district, 
and of the department composed of the States of 
Louisiana and Texas. 

IV. Major General George H. Thomas will 
continue in command of the department of the 
Cumberland. 

By command of General Grant. 

E. D. TOWNSEND, 

Assistant Adjutant General. 

Headquarters of the Army, 

Adjutant General' ' Office, 
Washington, August 27, 1867. 

I. The following orders have i)een received 
from the President: 

Executive Mansion, 
Washington, D. ('., August liG, 18G7. 

Brevet Major General Edward R.S.Canby is liereby 
assigned to the command of the second military dis- 
trict, created by the act of Congress of March -A, 18U7, 
and of the military department of the South, embrac- 
ins the States of North Caroliiia.and South Carolina. He 
will, as soon as practicable, relievo Major General Daniel 
E. Sickles, and, on assuming the command to which 
he is hereby assigned, will, when necessary to a faith- 
ful execution of the laws, exercise any and all powers 
conferred by acts of Congress upon district command- 
ers, and any and all autirority pertaining to officers in 
command of milit.ary departments. 

Major General Daniel E. Sickles is hereby relieved 
from the command of the second military district. 

The Secretary of WarndOT^er-int will give t!ie neces- 
sary instructions to carry this arder into efi'eet. 

Andrew Johnson. 

II. In pursuance of the foregoing order of the 
President of the United States, Brevet Major 
General Canby will, on receipt of the order, turn 
over his present command to the officer next in 
rank to himself, and proceed to Charleston, 
South Carolina, to relieve Major General Sicklea 
of the command of the second military district. 

III. Major General Sickle9,on being relieved, 
will repair to New York city, and report by let- 
ter to the Adjutant General. 

By command of General Grant. 

E. D. Townsend, 
Assistant Adjutant General. 

Headquarters of the Army, 
Adjutant General's Office, 

Washington, December 28, 1867. 
[General Orders, No. 104.] 
By direction of the President of the United 
States the following orders are made : 

I. Brevet Major General E. 0. C Ord will 
turn over the command of the fourth military din- 



S46 



POLITICAL MANUAL. 



irict to Brevet Major General A. C- Gillem, and 
proceed to Sin Francisco, California, to take 
command of the department of California. 

II. On being relieved by Brevet Major 
General Ord, Brevet Major General Irvin Mc- 
Dowell will proceed to Vicksburg, Mississipjii, 
and relieve General Gillem in couuiiand of ihe 
fourili military district. 

III. Brt'vet Major General John Pope is 
hereby relieved of the command of the third 
military district, and will report, without delay, 
at the headquarters of the army for further 
orders, turning over his command to the next 
senior officer until the arrival of his successor. 

IV. Major General George G. Meade is as- 
signed to the command of the third military 
district, and will assume it without delay. The 
department of the East will be commanded by 
the senior officer now on duty in it until a com- 
mander is named by the President. 

V. The officers assigned in the foregoing 
order to command of military districts will ex- 
ercise therein any and all powers conferred by 
act of Congress upon district commanders, and 
also any and all powers pertaining to military 
department commanders. 

VI. Brevet Major General Wager Swayne, 
colonel 45lh United States infantry, is hereby 
relieved from duty in the Bureau of liefugees, 
Freedmen, aud Abandoned Lands, and will pro- 
ceed to Nashville, Tennessee, and assume com- 
mand of his regiment. 

By command of General Grant. 

E. D. TOWNSEND, 

Assisiatit Adjutant General. 

Headquarters o» the Army, 
Adjutant General's Office, 
Washington, Jane 30, 1868. 
[(Jeneral Orders No. 33.] 
By direction of the President of the United 
States, the following orders are made: 

I. Brevet Major General Irvin McDowell is 
relieved from tlie command of the fourth mili- 
tary district, and will report in person, without 
delay, at the War Department. 

II. Brevet Major General Alvan C. Gillem is 
assigned to the command of the fourth military 
district, and will assume it witliout delay. 

By command of General Grant 

E. D. Townsend, a. a. O. 

Establishing a now Military Division, February 
12, 1868. 

[General Orders No. 10.] 
HEADQU.'i.RTERS OF THE ArMY, 

Adjutant General's Office. 

Washington, Feb. 12, 1868. 
The following order.s are published for the in- 
formation and guidance of all concerned : 
ExKcuTivE Mansion, 
Washington, D. C, Fchruar;/ 12, 18G8. 
Genkral: You will iileaso issue an ordor croating a 
military division, to ho called tho military division of 
till! Atliintic, to bo composed of tho department of tho 
I.aUo.s, the department of tho East, and the depart- 
ment of Washington, and to ho commanded hy Lieu- 
tenant General William T. Sherman, with his head- 
quarter* at Washington. 



Until further orders from the Pieside.it. yu will .'is- 
sign no ofticer to the permanent comnuind of »lio mil- 
itary division of the Missouri. 

Kespectl'iiUy yours, AxDunw Joh.nson. 

General U.S. Grant, 

Commd'g Armies of United States, Washington, D. C 

Major General P. II. Sheridan, tho senior offi- 
cer in the military division of the Missouri, will 
temporarily perform the duties of commander 
of the military division of the Missouri, in addi- 
tion to his duties of departniint commander. 
By command of General Grant. 

E. D. Townsend, 
Assistant Adjutant General. 



February 13 — The President nominated Lieut. 
General Sherman for the brevet rank of general, 
for distinguished gallantry, skill, and ability 
during the war of the rebellion, to which be 
responded, as follows : 

St. Louis, February 14, 1868. 
Hon. John Sherman. 

Oppose confirmation of myself as brevet gene- 
ral, on ground that it is unprecedented and 
that it is better not to extend the system of 
brevets above major generals. If I can't avoid 
coming to Washington, I may have to resign. 
W. T. Sherman, 
Lieutenant General. 

February 19 — The President relieved Lieat. 
General Sherman from this order. 

February 21 — Tlie President nominated Major 
General George H. Thomas as brevet lieutenant 
general and brevet general, with supposed 
reference to this command; whereupon General 
Thomas declined in these terms: 

Louisville, February 22, 1868. 
Hon. B. F. Wade, President of the Senate. 

The morning papers of Louisville announced 
officially that my name was yesterday sent to 
the Senate for confirmation as brevet lieuten- 
ant general and brevet general. For tho bat- 
tle of Nashville I was app( nted major general 
United States army. My s( rviees since the war 
do not merit so high a compliment, and it is now 
too late to be regarded as a compliment if con- 
ferred for services during the war. I, therefore, 
earnestly request that the Senate will not confirm 
the nomination. Geo. H. Thomas, 
Major General 

March 28 — Major General Hancock was as- 
signed as follows : 

[General Orders No. 17.] 
Headquarters of the Army, 
Adjutant General's Office, 
Washington. March 2S, ISfiS. 
By direction of the President of the United 
States, Major General W. S. Hancock is relieved 
from command of the filth military distri;t and 
assigned to command of the military d'T'«iou 
of the Atlantic, created by General Orders No. 
10, of February 12, 1868. 

By commaml of General Grant. ' 

E. D. TownsenI', 
Asiisiant Adjutant Gent v-l. 



MEMBERS OF THE CABliNET OF PRESIDENT JOHNSON, 

A^'P OF THE FORTIETH CONGRESS. 



PRESIDENT JOHNSON'S CABINET. 

Secretary of State — William H. Seward, of 
New York. 

Secretary of the Treasury — Hugh McCaLLocn, 
of Indiana. 

Secretary of War — John M. Schofield, of New 
York, from June 1, 1863, vice Edwin M. 
Stanton, of Ohio, who was suspended by the 
President, August 12, 1867, when General 
Ulysses S. Gkant was appointed Secretary 
of War ad interim, and served iVom tliat date 
to January 14, 1868, at wliich time iie vacated 
the ofScc, and Mr. Stanton resumed the func- 
tions thereof, the Senate having on the pre- 
vious evening voted a nun-concurrence in the 
said suspension. Mr. Stanton remained in 
the ofEce till May 26, when he " relinquished 
charge." 

Secretary of the Navy — Gideon Welles, of Con- 
necticut. 

Postmaster General — Alexander W. Randall, 
of Wisconsin. 

Secretary of the Interior — Oeville II. Brown- 
ing, of Illinois. 

Attorney General — vice Henry 

Stanbery, of Kentucky, who resigned, March 
12, 1868, to act as one of the President's coun- 
sel, Mr. Secretary Browning having been the 
same day appointed Acting Attorney General. 
(Mr. Stanbery was nominated for re-appoint- 
ment, after the trial, but the Senate rejected 
the nomination.) 

MEMBERS OF THE FORTIETH CONGRESS. 

Adjourned sessions of First Session — July 3-20, 
November 21-December 2, 18("7. Second Ses- 
sion, December 4, 1867-July , 1863. 

Senate. 

Benjamin F. Wade, of Ohio, President of the 
Senatt, and Acting Vice President. 

George C. Gorliam. of Caliiornia, Secretary, horn 
June 6, 1868, vice John W. Forney, of Penn- 
sylvania, resigned. 

Maine — Lot M. Morrill, William Pitt Fessenden. 

JVcw Hampshire — Aaron II. Cragin, James W. 
Patterson. 

Vermont — George F Edinnnds, Justin S. Morrill. 

Massachusetts — Charles Sumner, Henry Wilson. 

Rhode Island — William Sprague, Henry B An- 
thony. 

Connecticut — James Dixon, Orris S. Ferry. 

New York — Edwin D. Morgan. RoscoeConkling. 

New Jersey — Frederick T. Frelinghuysen, Alex- 
ander G. Cattell. 

Pennsylvania — Charles P*,. Buckalew, Simon 

Cameron. 
' Delaware — James A. Bayard,* Willard Sauls- 
bury. 



*Qualifiofl .\pril 11, Isr.T, at special .session, in place 
of George Read Riddle, deceased. 



Maryland— Rev er(]y Johnson, George Vickers.* 

Ohio — Benjamin F. Wade, John Sherman. 

Kentucky — Garrett Davis, ThomasC McCreery.-f 

Tennessee — David T. Patterson. Jos(»ph S. Fowler 

Indiana — Thomas A. Hendricks, Oliver P. Mor- 
ton. 

Illinois — Richard Yates, L_^, man Trumbull. 

Mi'soun — John B. Henderson, Charles D. Drake. 

Arkansas^ — Alexander McDonald, Benjamin F. 
Rice. 

Michigan — Zachariah Chandler, Jacob M. How- 
ard. 

Florida — Adonijah S. Welch, (qualified Julv 2. 
1868.) Thomas W. Osborn, (qualified June'30.) 

Iowa — James W. Grimes. James Harlan. 

Wisco7isin — James R. Dooliltle, Timothy 0. 
Howe. 

California — John Conness, Cornelius Cole. 

Minnesota, — Alexander Ramsey, Dan'l S. Norton. 

Oregon — George H. Williams, Henry W. Cor- 
bett. 

Kansas — Edmund G. Ross, Samuel C. Pomeroy 

West Virginia — Peter G. Van Winkle, Waitman 
T. Willey. 

Nevada — William M. Stewart, James W. Nye. 

Nebniska — Thomas W. Tipton, John M. Thayer. 

House of Representatives. 

Schu"'L];r Colfax, of Indiana, Speaker. 

Edward McPhers 'n. of Pennsylvania, Clerk. 

Maine— -J o\\ii Lynch, Sidney Porham, Jar;ie3 
G. Blaine, John A. Peters, Frederick A. Pike. 

New IlampsJure—i iicob II Ela. Aaron F. Ste- 
vens, J.acob Benton. 

Vermont — Frederick E. Woodbridge, Luke P. 
Poland, Worthington C. Smith. 

Massachusetts — Thomas D. Eliot, Oakes Ames, 
Ginery Twichell, Samuel Ho()i)er, Benjamin 
F. Butler, Nalhauiol P. Banks, George S. 
Bout well, John D. Baldwin, William B. Wash- 
liurn, Henry L. Dawes 

Rhode Island\\ — Thomas A. Jenckes, Nathan F. 
Dixon. 

Connecticut^^ — Richard D Hubbard, Julius 
Hofchkiss, Henry II. Starkweather, William 
H. Barnura. 

Neio York — Stephen Taber. Demas Barnes, Wil 
liam E. Robinson, John Fox. John Morrissey, 
Thomas E. Stewart, John W. Chanler, James 
Brooks, Fernando Wood, William H. Robert- 
son, Charles H. Van Wy«k, John H. Ketcham, 
Tliomas Cornell, John V. L. Pruyn, John A. 
Griswold, Orange Ferriss, Calvin T. Hnlburd 



♦Qualified March 0, 1808, in place of Philip Franr^is 
Thomas, who was denied admission, February 19. 1803 
— yeas 21, naya 28. 

t Qualified February 28, ISGS, in place of James Guth- 
rie, resigned February lo, 18G8. 

I Qualified June 2:t, ]8r,8. 

II Qualified July 3, 1SQ7. 

? Messrs. Hotchkiss and P'arkwoathcr qualified 
Julv 3, 18G7; Me'TS. Barnum and Hubbard, July 11 
18GV. 

87 



548 



POLITICAL MANUAL. 



James M. Marvin, William C. Fields, Addison 
H. Lafliri, Alexander H. Bailey,* John C. 
Churchill, Dennis McCarthy, Theodore M. 
Pomeroy, William H. Kelsey, William S. Lin- 
coln Hamilton Ward, Lewis Selye, Burt Van 
Horn, James M. Humphrey, Henry Van 
Aernam. 

jVew Jersey — William Moore, Charles Haight, 
Charles Sitgreaves, John Hill, George A. Hal- 
sey. 

Pennsylvania — Samuel J. Randall, Charles O'- 
Neill, Leonard Myers, William D. Kelley, Ca- 
leb N. Taylor, Benjamin M. Boyer, John M. 
Broomail, J. Lawrence Getz,Thaddeus Stevens, 
Henry L. Cake, Daniel M. Van Auken, George 
W. Woodward.f Ulysses Mercur, George F. 
Miller, Adam J. Glossbrenner, William H. 
Koontz, Daniel J. Morrell, Stephen F Wilson, 
Glenni W. Scofield, Darwin A. Finney, John 
Covode, James K. Moorhead, Thomas Wil- 
liams, George V. Lawrence. 

Delaware — John A. Nicholson. 

Maryland — Hiram McCullough, Stevenson Arch- 
er, Charles £. Phelps, Francis Thomas, Fred- 
erick Stone. 

Ohio — Benjamin Eggleston, Samuel F. Cary.J 
Robert C. Schenck, William Lawrence, Wil- 
liam Mungen, Reader W. Clarke, Samuel Shel- 
labarger, John Beatty,|| Ralph P. Buckland, 
James M. Ashley, John T. Wilson, Pbiladelph 
VanTrump, Columbus Delano,! Martin vVelker, 
Tobias A. Plants, John A. Bingham, Epliraim 
R. Eckley, Rufus P. Spalding. James A. Garfield. 

Kentucky^ — Lawrence S. Trimble, (vacancy,) 
Jacob S. Golladay, J. Proctor Knott, Asa P. 
Grover, Thomas L. Jones. James B. Beck, 
George M. Adams, Samuel McKee. 

Tennessee** — Roderick R. Butler, Horace May- 
card, William B. Stokes, James MuUins, 
John Trimble, Samuel M. Arnell, Isaac R. 
Hawkins, David A. Nunn. 



* Qualified November 30, 18C7. 

+ Qualified November 21, 18G7, in place of Charles 
Lienison. deceased. 

X Qualified November 21, 1867, in place of Ruther- 
ford B. Hayes, resigned. 

IIQualified February 5, 1808, in place of Cornelius 
6. Hamilton, killed December 22, 18GT. 

gJune 3, 18G8, Mr. Delano qualified, in place of 
George \V. Morgan, the House having voted — 36 to 79 — 
that Rlr. Jlorgan was not entitled, and — 80 to 38 — that 
Mr. Delano was entitled to the seat. 

^ Mr. Adams qualified July 8, 1807. Messrs. Beck, 
Grover, and Jones qualified Dee. 3, Mr. Knott Dec. 4. 
Mr. Golladay Dec. 5, and Mr. Trimble Jauuary in, 
1808. Mr. John Young Brown, claiming a seat for the 
second district, was voted, February 1.3 — 13 to 108— 
not entitled thereto, by reason of having voluntarily 
giv<^n aid. fonntenance, counsel, and encourasement 
to persons en'^aged in armed hostility to the United 
Statess; ftnd February 15, the House voted— 30 to 102— 
tlvat Samuel E.Smith, not, liaving received a majoritv 
of the votes cast for Representative, was not elected. 
1 he Sp-^aker was directed to notify the Governor of 
Kentu<-kv of the vacancy in the fiecond district, but 
no electi'on was called by him. Mr. McKeo qualified 
Jane 22, 18i;ft, the House "having, June 22, voted— 9ii 1o 
v.) — that John D. Yo'jiig was not entitled to the seat, 
BD'l that Sanuiel Mclvee was entitled to it. 

** Messrs. Mjiynard, Stokes. MuUins. John Trimble, 
Hawkins.and Niuin qualified November 21,1807; Mr. 
A'nell, I-'ovember Z'l; Mr. Butler, June 20, 18ii8. 



Indiana — William E. Niblack, Michael C. Kerr, 
Morton C. Hunter, William S. Holman, 
George W. Julian, John Coburn, Henry D. 
Washburn. Godlove S. Orth. Schuyler Colfax, 
William Williams, John P. C Shanks. 

Illinois — Norman B. Judd, John F. Farnswortb, 
Ellihu B. Washburne,* Abner C. Harding, 
Ebon C. IngersoU, Burton C. Cook, Henry 
P. H. Bromwell, Shelby M. Cullom, Lewih 
W. Ross, Albert G. Burr, Samuel S. Marshall, 
Jehu Baker, (ireen B. Raum, John A. Logan. 

Missouri — William A. Pile, Carman A. New- 
comb, James R. McCormick.f Joseph J. 
Gravely, Joseph W. McClurg, Robert T- Van 
Horn, Benjamin F. Loan, John F. Benjamin, 
George W. Anderson. 

ArkansasX — Logan H. Roots, James Hinds, 
Thomas Boles. 

Michigan — Fernando C. Beaman, Charles Up- 
son, Austin Blair, Thomas W. Ferry, Row- 
land E. Trowbridge, John F. Driggs. 

Florida — Charles M. Hamilton, (qualified July 
1, 1868.) 

Iowa — James F. Wilson, Hiram Price, William 
B. Allison, William Loughridge, Grenville M. 
Dodge, Asahel W. Hubbard. 

Wisconsin — Halbert E. Paine, Benjamin F. Hop- 
kins, Amasa Cobb, Charles A Eldridge, Phile- 
tus Sawyer, Cadwalader C. Washburn. 

CaZf/orjiia ||— Samuel B. Axtell, William Higby, 
James A. Johnson. 

Minnesota — William Windom, Ignatius Don- 
nelly. 

Oregon — Rufus Mallory. 

Kansas — Sidney Clarke. 

West Virginia — Chester D. Hubbard, Bethuel 
M. Kitchen, Daniel Polsley. 

Nevada — Delos R. Ashley. 

Nebraska — John TafFe. 

The following persons were elected to the 

House of Representatives at the election held 

on the constitutions of their respective States : 
North Carolina— i^ohn R.French, David llea- 

ton, Oliver H. Dockery. John T. Deweese, Israel 

G. Lash, Natiianiel Boyden, Alexander IL Jones. 
South Carolina — Benjamin F. Whiitemore, C 

C. Bowen, Simon Corley, James H. Goss. (Also 

two elected at large : J. P. M. Epping, Elias H. 

Dickson.) 

Georgia— J. W. Clift, Nelson Tift, William P. 

Edwards, Samuel F. Gove, Charles H. Prince, 

John H. Ciiristy, P. M. B. Young. 

Louisiana — J. Hale Sypher, James Mann, 

Joseph P. Newsham Michel Vidal, W. Jasper 

Blackburn. 

Alabama — Francis W. Kellogg, Charles W. 

Buckle}', Benjamin W. Norris, Charles W. Pierce, 

John B. Cullis, Thomas Haughey. 



* Mr. Washbnrne having been absent at the previous 
session, qualified November 21, 1807. 

+ Qualified December 17, 1807, vice Thomas E. Noell, 
deceased. 

X Qualified June 23, 1808, the bill declaring Aruimsas 
entitled to representation having become a law June 
22, 1808. 

II Qualified November 21, 1807. 



XXXII. 



VOTES ON POLITICAL BILLS AND RESOLUTIONS. 



To Continuo the Bureau for the Belief of Freed- 
men and Befugees. 

Be it enacted, &c., That the act entitled "An 
act to escablish a Bureau for the relief of 
Freedmen and Refugees," approved March 3, 
1865,* and the act entitled " An act to continue 
•n force and to amend ' An act to establish a 
Bureau for the relief of Freedmen and Refugees, 
and for other purposes,' " passed on the 16th of 
July, 1866f shall continue in force for the term 
of one year irom and after the 16th of July, in 
the year 1868, excepting so far as the same shall 
be herein modified. And the Secretary of War 
is hereby directed to re-establish said bureau 
where the same has been wliolly or in part dis- 
continued: Frovidcd, He shall be satisfied that 
Uie personal safety of freedmen shall require it. 

Sec. 2. That it shall be the duty of the Secre- 
tary of War to discontinue the operations of 
the bureau in any State whenever such State 
shall be fully restored in its constitutional rela- 
tions with the Government of the United States, 
and shall be duly represented in the Congress 
of the United States, unless, upon advising with 
the Commissioner of the bureau and upon full 
consideration of the condition of freedmen's 
affairs in such State, the Secretary of War shall 
be of opinion that the further continuance of 
the bureau shall be necessary : Provided, how- 
ever, That the educational division of said bu- 
reau shall not be affected or in any way inter- 
fered with, until such State shall have made 
suitable provision for the education of the chil- 
dren of freedmen within said State. 

Sec. 3. That unexpended balances J in the 



♦See page 72 of Manual of ISGG. 
+ See page 150 of Manual of 18G7. 
J The financial affairs of the bureau are as follow, as 
appears from a recent report on the subject in the 
House of Representatives, the figures in which were 
taken from the books of the bureau : 
B!i'om the establishment of the bureau, on 
the 15th of May, 1805, there have been 
appropriated by Congress for its sup- 
port $10,780,7.50 00 

The total expenditure from this appropriation, from 
15th of May, 1865, to January 1, 1868, was as follows : 
Salaries of assistant and sub-assistant com- 
missioners $302,244 88 

Salaries of clerks 509,833 80 

Stationery and printing 78,.306 14 

Quarters and fuel 19G.906 54 

Clothing for distribution 143,735 99 

Commissary stores. 1,245.271 76 

Medical department 470,834 37 

Transportation of officers and agents 1.31,052 54 

Tran.sportation of freedmen and refugees.. 115,979 87 

Transportation of stores 87,490 36 

Forage 53,096 28 

School superintendents 28,247 61 

Building for schools and asyluins,including 

construction, rental, and repairs 558,914 91 

Telegraphing and postage 35.546 98 

Internal revenue (tax withheld on salaries) 4,981 55 

Southern relief 385,410 81 

Agricultural Bureau (transferred) 50,000 00 



hands of the Commissioner, not required other- 
wise for the due execution of the law, may be, 
in the discretion of the Commissioner, applied 
for the education of freedmen and refugees, sub- 
ject to the provisions of law applicable thereto. 
Seo. 4. That officers of the veteran reserve 
corps, or of the volunteer service, now on duty 
in the Freedmen's Bureau as assistant canmis- 
sioners, agents, aaedical officers, or in otlier ca- 
■pacities, who have been or may be mustered out 
of service, may be retained by the Commissioner 
when the same shall be required for the proper 
execution of the laws, as officers of the bureau, 
upon such duty and with the same pay, com- 
pensation, and all allowances, from tlie date of 
their appointment, as now provided by law for 
their respective grades and duties at the dates 
of their muster-out and discharge; and such 
officers so retained shall have, respectively, the 
same authority and jurisdiction as now conferred 
upon " officers of the bureau" by act of Con- 
gress passed on the 16th of July, 1866. 

Sec' 5. That the Commissioner is hereby em- 
powered to sell for cash, or by instalments with 
ample security, school buildings and other build- 
ings constructed for refugees and freedmen by 
the bureau, to the associations, corporate bodies, 
or trustees who now use them for purposes of 
education or relief of want, under suitable guar- 
antees that the purposes for which said buildings 
were constructed shall be observed : Provided, 
That all funds derived therefrom shall be re- 
turned to the bureau appropriations and ac- 
counted for to the Treasury of the United States^ 
In House. 
1868, March 19— The bill passed— yeas 97, 
nays 38, as follow : 

Yeas— Messrs. Allison, Ames, Arnell, Delos R. Ashley, 
James M. Ashley, Bailey, Baker, Baldwin, Banks, 
Beaman, Bingham, Blaine, Blair, Bromwell, Broomall, 
Buckland, Butler, Cake, Churchill, Sidney Clarke, 
Coburn, Cook, Cullom, Dawes, Dixon, Dodge, Don- 
nelly, Driggs, Eckley, Eliot, Farnsworth, Ferriss, 
Ferry, Fields, Garfield, Gravely, Higby, Hill, Hooper, 
Hopkins, Chester D. Hubbard, Hulburd, Hunter, 
IngersoU, Jenckes, Judd, Julian, Kelley, Kelsey, 



Total expended ?l'A^2:?5i_?2 

Balance in hands of agents, August 31, 18G7.. H45,911 .33 
Undrawn from Treasury 5,7.36,984 28 



Amount on hand December 31, 18G7 $0,382,895 Gl 



Besides this appropriation by Congress, the bureau 
came into the possession of certain funds belonging 
to the "department of negro affairs" which had pre- 
viously existed in the rebel States, and from rents, 
fines, conscript fund, and miscellaneous sources, 

amounting to $1,005,694 19 

Of which, there were expended, for labor, 
schools, rents, repairs, clothing, fuel, sub- 
sistence, Ac 1,-544,092 SO 

Leaving a balance on hand, Dec. 31, 1867... $01,601 39 

Of this amount of $4,397,854 .39 expended, $.500,000 
were applied, by a resolution of Congress, for tlie relief 
of destitute people in the South who were starving by 
reason of failure of the crops, and $50,000 were trans- 
ferred to the Agricultural Department for seeds for the 
South— making $5.50,000. 

With these sums deducted from the expense account 
of the Bureau, the whole expenditure from appropria- 
tions by Congress, for the use of the Bureau from ita 
establishment, amount to $.},847,854 39. 

No further appropriation was asked or made for the 
ensuing fiscal year, and the appropriations previously 
made of Slo.7S0,750 will carry the Bureau trom May, 
1805, to July, 1869. 

89 



350 



POLITICAL MANUAL. 



Koontz, Laflin. William T-awrcnoe, Loan, Losran, 
]>ynch, Maviiard, Jliller, Mixirc, .Moircll, Mvers, New- 
comb, O'Neill, Ortli, Paine, IVteiVN PiUe, File, Plants, 
Polsley, Pomeroy, Priee, Kaiim, Kul>(.'rtsion, Sawyer, 
Sehenek, Selye, Shanks, Spalilin.L', Aaron V. Stin'ens, 
Tiiadrieua Stevens, Tatl'c, Thomas, .John 'rriiiilile, 
Trowiiridnc, Twieliell, Ipson, Uohert T. Van Horn, 
"Ward, Cadwaladcr C. Washlmrn, Ellihn B. Washliurne, 
Henry D. Washhnrn. William H. Washhnru, WclUer, 
Tlionias Williams, James K. Wilson, Steiihen F.Wilson, 
Windom — 07. 

Nays — Messrs. A<hims. Axtcll, Jinrncs, Beck, Boyer, 
Brooks, Burr, Chanter, Eldridrfc, Get:, (Jolliidnii, Grocer, 
Haiglit. Holmnn, Hotchkiss, Johnson, Kerr, Knott, rjeortro 
V. Lawrence, Marsttult, MeConnick, McCutloiKjIi, .Alereiir, 
Moorhcad, Morgan, Miuifjcn, Xiblark. yieltolson, Plielps, 
Jiandall, lioss, i^itnreaees, Taber, Laicrence S. Trimble, 
Van Auken, Van Trump, Wood, Woodward — 38. 

In Senate. 

Jur.e 11 — The bill pa.<sed without a division. 

Vote of Thanks to Ex-Secretary Stanton. 

In Senate. 

1868, May 28 — Mr. Edmunds offered this reso- 
lution : 

Resolved by the Senate., (the House of Repre- 
sentatives concurring,) That the tlianks of Con- 
gress are due, and are hereby tendered, to Hon. 
Edwin M, Stanton for the great ability, purity, 
and fidelity to the cause of the country with 
which he has discharged the duties of Secretary 
of War, as well amid the open dangers of a 
great rebellion as at a later period wiien assailed 
By the Opposition, inspired by hostility to the 
measures of justice and pacification provided 
by Congress for the restoration of a real and 
permanent peace. 

June 1 — Mr. Hendricks moved to strike out 
the latter clause, beginning with the words " as 
well." 

Mr. Henderson moved to amend so as to make 
tlie resolution read as follows : 

That the thanks of Congress are due, and are 
hereby tendered, to Hon, Edwin M Stanton, for 
the great ability, purity, and fidelity to the cause 
of the country with which he discharged the du- 
ties of Secretary of War amid the open dangers 
of a great rebellion. 

Which was rejected without a count; also, the 
amendment ofi"ered by Mr. Hendricks. 

Mr. Henderson moved to amend by adding to 
the resolution these words: 

And Congress takes this occasion to tender its 
thanks to Chief Justice Chase for the great abil- 
ity, purity, and distinguished learning which 
have illustrated his position on the bench of the 
Supreme Court. 

Which was disagreed to — yeas 11, nays 30, as 
follow : 

Yeas — Messrs. Buckalew, DooUttle. Fowler, Hender- 
son, Hendricks, Johnson, MeCreerij, Norton, Patterson of 
Tennessee, Ross,Vickers — 11. 

Nats — Messrs. Cameron, Cattoll, Chandler, Cole, Conk- 
ling, Conness, Cragin. Drake, Edmunds, Frclinshuy- 
sen', Harlan. Howard, Howe, Moriian, Morrill of Maine, 
Morrill of Vermont, Morton, Nye, Patterson of New 
Hampshire, Pomoroy, K.unse v. Stewart, Snmner, Thay- 
er, Tipton, Van Winkle, Wade", Williams, Wilson, Yates 
—30. 

The resolution was then adopted — yeas 37, 
nays 11, as follow : 

Yeas— Messrs. Antliony, Cameron, Cattell, Chandler, 
Cole, Conklin;:, Conness, Crairin, Drake, Kdmuuds, 
Ferry, Fcs.sendcn, Frelinfrhiiysen, Harlan, Howard, 
Howe, Morpan. Morrill of Maiiie. IMorriil n( Vermont, 
M« rton, Nye, Patterscin of New Hampshire, Pomeroy, 
Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, 



Tipton, Tnimhnll, Van Winkle, W.ide, V/illey, Wi% 
liams, Wilson, Yates — :j7. 

Nays — Messrs. Buckakw. DooUttle, Fowler, Hender- 
son, Hendricks, Johnson, McCrcery, Norton, Pnitercon o'. 
Tennessee, Ross, IVcArcr* — 11. 

In House. 
June 19 — The resolution passed — yeas 102, 
nays 25, as follow : 

Yeas — Messr.s. Allison, Ames, Delos R. Ashley, Bailey, 
Baldwin, Beatty, Benjamin, Benton, Blaine, Blair, 
Bontweli, Bucl^land, iSutler, Cake, Sidney Clarke, 
Cobl), Coburn, Cook, Cornell, Covode, Cullom, Delano, 
Donnelly, Drisgs, Ecklcy, Eggleston, Ela, Eliot, 
Farnsworth, Ferriss, Fields, Garfield, Gravely, Gria- 
wold, Halsey, Harding, Higljy, Hill, Hooper, Chester 
D. Hubbard, Hulburd,' Jenckes, Jiidd, Julian, Kelsey, 
Keteham, Kitchen, Koontz, Lincoln, Loan, Logan, 
Longhridge, Lynch, Mallory, Maynard, McCarthy, Mo 
Chirg, Mercur, Miller, Moore. Moorliead, Morrell, Mul- 
lins, Myers, O'Neill, Orth, Paine, Peters, Pike, Pile, 
Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, 
Sehenek, Scofield, Shanks, Shellabarger, Smith, 
Starkweather, Aaron F. Stevens, Stokes, Taffe, Taylor, 
Twiehell, Upson, Van Aernam, Van Wyek, Ward, 
CadwaladerC. Washburn, Henry D. Washburn, William 
B. Washburn, Welker, Thomas Williains, William 
Williams, James F. Wilson, John T. Wilson, Windom, 
Woodbridge, and Mr. Speaker Colfax — 102. 

Nays — RIessrs. Archer, Beck, Brooks, Carji, Chanter, 
Eldridge, Gctz, GoUadai/, Orover, Haight, Holmnn, Hotch- 
kiss, Humphrey, Johnson, Jones, Kerr, Knott, McCormick, 
Mungen, Niblack, Nicholson, Phelps, Pruyn, Stone, Taber 

Quorum of Supreme Court. 

1867, December 4 — The Senate passed, with- 
out a division, this bill : 

Be it enacted, i&c., That any number of the 
justices of the Supreme Court of the United 
States, not less than five, and being a majority 
thereof, shall constitute a quorum. 
In House. 

1868, Januar}' 13 — The rules were suspended, 
(yeas 114, nays 38,) and the above bill with an 
amendment was reported to the House from the 
Judiciary Committee. The amendment was a 
new section, to which the proviso was added in 
the House, the whole being as follows: 

Sec. 2. That no cause pending before the Su- 
preme Court of the United States, involving the 
action or effect of any law of the United States, 
sliall be decided adversely to the validity of such 
law without the concurrence of two-thirds of 
all the members of said court in the decision 
upon the several points in which said law or any 
part thereof may be deemed invalid: Provided, 
however. That if any circuit or district court of 
the United States shall adjudge any act of Con- 
gress to be unconstitutional or invalid, the 
judgment, before any further proceedings shall 
be had upon it, shall be certified up to the Su- 
preme Court of the United States, and shall be 
considered therein ; and if upon the considera- 
tion thereof two-thirds of all the members of 
the Supreme Court shall not affirm said judg- 
ment below, the same shall be declared and held 
reversed. 

Pending this new section, 

Mr. Thomas Williams moveil to substitute for 
it these words : 

In all cases of writs of error from and appeals 
to the Supreme Court of the United States, 
where is drawn in question the validitv of a 
statute or an authority exercised by tlie United 
States, or the construction of any clause ot the 
Constitution of tlie United States, or the v.ilidity 
of a statute of or an authority exercised under 



VOTES ON BILLS AND RESOLUTIONS. 



351 



any State on tlie ground of repugnance to the 
Constilulion or laws of the United States, the 
hearing shall be had only before a full bench of 
the judges of said court, and no judgment shall 
be rendered or decision made against the valid- 
ity of any statute or of any authority exercised 
by the United States except with the concur- 
rence of all the judges of the said court. 

"Which was disagreed to — yeas 25, nays 124. 
The yeas were : 

Messrs. Arnell, Delos R. Ashley, James M. Ashley, 
Bingham, Cake, Sidney Clarke, Covode, Farnsworth, 
Harding, Judd, William Lawrence, Loan, Lo^an, May- 
nard, McCarthy, McClurg, MuUins, Pile, Price, John 
Trhnble, Van Aernam, Robert T. Van Horn, Ward, 
Thomas Williams, William Williams. 

Mr. James F. Wilson submitted the proviso in 
the section printed above, which was agreed to 
— yeas 111, nays 38 (all Democrats except Mr. 
Hawkins.) The amendment as amended was 
agreed to ; and the bill then passed — yeas 116, 
nayB 39, a party vote, except that Mr. Hawkins 
of Tennessee voted against the bill ; which was 
not again considered in the Senate. 

Another Judiciary Act. 

March 11 — The Senate passed, without objec- 
tion, the first section of the bill found below. 

March 13 — The House passed it, with the 
Becotid section added, as an amendment, without 
a division. 
An ACT to amend an act entitled "An act to 

amend the judiciary act," passed the 24th of 

September, 1789. 

Be itenacted, &c., That final judgment in any 
circuit court of the United States, in any civil 
action against a collector or other officer of the 
revenue, for any act done by him in the per- 
formance of his official duty, or for the recovery 
of any money exacted by or paid to him, winch 
Bhall have been paid into the Treasury of the 
United States, may, at the instance of either 
party, be re-examined and reversed or affirmed 
in the Supreme Court of the United States, upon 
writ of error, without regard to the sum or value 
in controversy in such action. 

Sec. 2. That so much of the act approved 
February 5, 1867, entitled "An act to amend an 
act to establish the judicial courts of the United 
States," approved September 24, 1789, as author- 
izes an appeal from the judgment of the circuit 
court to the Supreme Court of the United States, 
or the exercise of any such jurisdiction by said 
Supreme Court on appeals which have been or 
may hereafter be taken, be, and the same is 
hereby, repealed. 

March 12 — The Senate concurred in the House 
amendment — yeas 32, nays 6, as follow : 

Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, 
Cole, Conkling, Conness, Drake, Edmunds, Perry, Fcs- 
senden, Frelinghuysen, Grimes, Harlan, Henderson, 
Howard, Howe, Morgan, Morrill of Maine, Morrill of 
Vermont, Pomeroy, Ramsey, Ross, Sprague, Stewart, 
Sumner, Tipton, Trumbull, Van Winkle, V ade, Willey, 
Williams— 32. 

Nays — Messrs. Buckalew, Fowler, Hendricks, McCrcery, 
Norton, Vickers — 6. 

March 25 — The bill was returned with the ob- 
jections of the President. 

March 27 — The bill passed the Senate, over 
the veto — yeas 33, nays 9, as follow : 

Yeas — Messrs. Cameron, Cattell, Chandler, Cole, 
Conliliag, Cragin, Edmunds, Ferry, Frelinghuysen, 



Harlan, Henderson, Howard, Howe, Morgan, Morrill 
of Maine, Morrill of Vermont, Morton, Nye, Patterson 
of New Hampsliire, Pomeroy, Ramsey, Ross, Stewart, 
Sumiicr, Tliavor, Tipton, Trumbull, Van Winkle, Wade, 
Willey, Williams, Wilson, Yatea— 33. 

Nays — Messrs. Bai/ard, Buckalew, Davis, Dixon, Hend- 
ricks, McCrcery, Norton, Patterson of Tennessee, Sauls- 
bury — 0. 

Same day — The House passed the bill — yeaa 
115, nays 34, as follow: 

Yeas — Messrs. Ames, Anderson, Arnell, Delos R. 
Ashley, James M. Ashley, Bailey, Baker, Baldwin, 
Banks, Beaman, Beatty, Benjamin, Benton, Binshaiii, 
Blaine, Boutwell, Bromwell, Broomall, Bucklaml, Calce, 
Churchill, Reader W.Clarke, Sidney Clarke, C ibuni. 
Cook, Covode, Cullom, Dawes, Dixon, Dodge, Driggs, 
Eckley, Eggleston, Eliot, Farnsworth, Feiriss, Ferry, 
Fields, Gravely, Halsey, Higby, Hill, Hooper, Hopkins, 
Chester D. Hubbard, Hulburd, Huntei', Ingersoll, 
Jenckes, Judd, Julian, Kelley, Kelsey, Ki'trhaiii, 
Kitchen, Koontz, Laflin, William Lawrence, Liuculn, 
Loan, Logan, Loughridge, Mallory,Maynard, MeClurg, 
Mercur, Miller, Moore, Moorhead, Morroll, Mullins, 
Myers, Newcomb, O'Neill, Orth, Paine, Perham, Peters, 
Pike, Pile, Plants, Poland, Polsley, Pomeroy, Price, 
Raum, Sawyer, Schenck, Scoiield, Selye, Shanks, Smith, 
Spalding, Aaron F. Stevens, Thaddeus Stevens, Tatte, 
Taylor, Thomas, John Trimble, Twichell, Upson, Burt 
Van Horn, Robert T. Van Horn, Van Wyck, Ward, 
CadwaladerC. Washburn, EUihu B.Washburne, William 
B. Washburn, Welker, Thomas Williams, James F. 
Wilson, John T. Wilson, Stephen F. WTlson, Windom, 
Woodbridge — 115. 

Nays — Messrs. Adams, Archer, Axtell, Barnes, Beck, 
Brooks, Burr, Carij, Chanler, Eldridge, Fox, Getz, Gloas- 
brenner, Golladai/^ Holman, Ilotchkiss, Hubbard, Huinplir 
rev, Johnson, Kerr, Knott, Marshall, McCormick, Mungen, 
Niblack, Nicholson, Prujin, Ross, Sitnreaves, Stone, Taber, 
Lawrence S. Trimble, Van Auken, Woodward — ^34. 

Whereupon the Speaker declared it to be a law. 



For the Further Security of Equal Rights in the 
District of Columbia. 

The following were the proceedings in Con- 
gress on this bill : 

In Senate. 

1867. July 17— This bill was passed : 

Be it enacted, &c.. That in the District of 
Columbia no person shall be excluded from any 
office by reason of race or color, and so much of 
all laws making any such discrimination are 
hereby repealed. 

Yeas 25, nays 5, as follow : 

Yeas— Messrs. Cattell, Chandler, Cole, Edmunds, 
Pessenden, Frelinghuysen, Harlan, Henderson, How- 
ard, Howe, Morgan, Morrill of Maine, Nye, Patterson 
of New Hampshire, Pomeroy, Ramsey, Sherman, 
Sprague, Sumner, Thayer, Tipton, Wade, Willey, Wil- 
son, Yates — 2.5. 

Nats — Messrs. Bayard, Buckalew, Davis, Hendricks, 
Johnson — 5. 

In House. 

July 18 — The bill was amended by substituting 
after the word " that " the following : 

The word " white," wherever it occurs in the 
laws relating to the District of Columbia, or in 
the charter or ordinances of the city of Wash- 
ington or Georgetown, and operates as a limita- 
tion on the right of any elector of said District, 
or either of said cities, to hold any office, or to 
be selected and to serve as a juror, bo, and the 
same is hereby, repealed, and it shall tc -.jnlaw- 
ful for any person or officer to enforce or at- 
tempt to enforce said limitation after the pass- 
age of this act. 

And passed — yeas 90, nays 20, as follow : 

Yeas— Messrs. Allison, Anderson, Jameis M. Ashley, 
Baker. Baldwin, Banks, Beaman, Benjamin, Benton, 
Bingham, Blair, Boutwell. Broomall. Buckland, Butler, 
Churchill, Reader W. Clarke, Sidney Clarke, Cobb, 



352 



POLITICAL MANUAL. 



Coburn, Cook, Cornell, Corode, Dawes, Dixon, Driggs, 
Ferriss, Ferry, Fields, Finney, Gravely, Halsey, 
Hamilton, Hooper, Hopkina, Hotehkiss, Asahel W. 
Hubbard, Ciiester D. Hubbard, Hunter, Ingersoll, 
Jenekes, Judd, Julian, Kelley, Kelsey, Ketcham, Kit- 
chen, Koontz, William Lawrence, Lincoln, Loan, 
Logan, Lougliridge, McChirg, Mercur, Moore, Morrell, 
Myers, Newcomb, U'Xeill, Paine, Perham, Pike.f lants, 
Polsley, Price, Raum, Robertson, Schenck, Scofield, 
Selye, "shanks, Smith, Aaron F.Stevens, Trowbridge, 
Twioliell, I'pson, Van Aernam, Burt Van Horn, Robert 
T. Van Horn, Ward, Cadwalader C. Washburn, Henry 
D.Washburn, William B. Washburn, Welker, Thomas 
Williams, William Williams, James F. Wilson, John 
T. Wilson, Woodbridge— 90. 

Nays — Messrs. Adams. Archer, Barnes, Boyer, Brooks, 
Burr, EUiridrje, Getz, Glossbrenner, Haigkt, Holman, 
Kerr, Niblack. NichoUon, Noell, Prwjn, Rooinson, Stone, 
Van Aukcn, Van Trump — 20. 

July 19 — The Senate concurred without divis- 
ion, adding an amendmentabout juries for 1867, 
which was also agreed to without division, and 
likewise concurred in by the House. 

The bill was presented to the President the 
day of the adjournment, and was not acted upon 
by him before adjournment. 

1867, December 5 — The same bill again passed 
the Senate — yeas 32, nays 8, as follow : 

Yeas — Messrs. Anthony, Cameron, Cattell, Chandler, 
Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, 
Fessenden, Fowler, Harlan, Henderson, Howard, Howe, 
Morgan, Morrill of Maine, Morrill of Vermont, Morton, 
Ramsey, Ross, Sherman, Stewart, Sumner,. Thayer, 
Tipton, Trumbull, Wade, Willey, Williams, Wilson— 32. 

Nats — Messrs. Buckalew, Davis, Dixon, Doolittle, Hen- 
dricks, Johnson, Norton, Patterson of Tennessee — 8. 

December 9 — The House passed it — yeas 104, 
nays 39, as follow : 

Yeas — Messrs. Allison, Ames, Arnell, James M. Ash- 
ley, Bailey, Baker, Baldwin, Banks, Beaman, Benjamin, 
Benton, Bingham, Blaine, Boutwell.Bromwell, Broom- 
all, Buckland, Butler, Churchill, Reader W. Clarke, 
Cobb, Coburn, Cook, Cullom, Dawes, Dixon, Dodge, 
Donnell3% Driggs, Eckley, Eggleston, Ela, Eliot, Farns- 
worth, Ferriss, Ferry, Fields, Garfield, Halsey, Hamil- 
ton, Harding, Hawkins, Hooper, Hopkins, Hubbard, 
Hulburd, Hunter, Ingersoll, Jenekes, Judd, Julian, 
Kelley, Kelsey, Ketcham, Koontz, Laflin, William 
Lawrence, Lincoln, Logan, Loughridge, Lynch, May- 
nard, McClurg, Mercur, Moorhead, Mullins, Myers, 
Newcomb, Nunn. O'Neill, Orth, Paine, Perham, Peters, 
Pike, Plants, Poland, Polsley, Price, Robertson, Saw- 
yer, Schenck, Shanks, Smith, Starkweather, Aaron F. 
Stevens, Thaddeus Stevens, Stewart, Stokes, Thomas 
Trimble, Trowbridge, Upson, Van Aernam, Robert T. 
Van Horn, Cadwalader C. Washburn, Henry D. Wash- 
burn, William B. AVashburn, Welker, Thomas Williams, 
William Williams, James F. Wilson, John T. Wilson, 
Windom— 104. 

Nats — Messrs. Adams, Archer, Axtell, Barnes, Beck, 



I Boyer, Brooks, Burr, Chanter, Eldridge, 'Vetz, Glosshrtn- 
ner, Golladay, Graver, Haight, Holman, Rirhard D. Hub- 
bard, Humphrcfi, Johnson, Jones. Kerr, Knott, Mallory, 
Marshall. Morgan, Mnngen, Niblack. Nicholson. Phelps, 
I'rut/n, Randall. Robin.^on, Ross. Sitgrcavea, Taber, Van 
Auken, Van Trump, Wood, Woodward — 39. 

The ten days within which the President was 
required to act having expired during the 
Christmas adjournment, the President held that 
the bill fell, and he neither returned it with hig 
objections, nor proclaimed it a law by reason of 
non-action. The laio of the case is a disputed 
point, and led to a message from him January 
23, 1868, in reply to a resolution of the Senate 
of January 8. 

The Eight-Hour Bill. 

1868, January 6 — The House passed this bill, 
without a division: 

Be it enacted, &c.. That eight hours shall con- 
stitute a day's work for all laborers, workmen, 
and mechanics now employed, or who may be 
hereafter employed, by or on behalf of the gov- 
ernment of the United States; and that all acta 
and parts of acts inconsistent with this act be, 
and the same are hereby, repealed. 

June 24 — The Senate considered it, and Mr. 
Sherman moved to add a proviso : 

"Unless otherwise provided by law, the rate 
of wages paid by the United Slates shall be the 
current rate for the same labor, for the same 
time, at the place of employment ;" 

Which was disagreed to — yeas 16, nays 21, as 
follow : 

Yeas — Messrs. Cattell, Corbett, Davis, Edmunds, Fer- 
ry, Fessenden, Howard, Morgan, Morrill of Maine, 
Morrill of Vermont, Patterson of New Hampshire, 
Ross, Sherman, Sumner, Van Winkle, Williams — 16. 

Nays — Messrs. Buckalew, Cole, Conkling, Conness, Cra- 
gin, Dixon. Doolittle, Harlan, Hendricks, Johnson, Mc- 
Donald, McCrecry, Morton, Nye, Patterson of Tennes- 
see, Pomeroy, Ramsey, Stewart, Tipton, Wade, Wilson 
—21. 

The bill then passed — yeas 26, nays 11, as 
follow : 

Yeas— Messrs. Buckalew, Chandler, Cole, Conness, Cra- 
gin, Dixon, Doolittle, Fowler, Harlan, Hendricks, How- 
ard, McCreery, McDonald, Morton, Nye, Patterson of 
NewHampshire,Prtfferso« of Tennessee, Ramsey, Ross, 
Stewart, Thayer, Tipton, Wade, Williams, Wilson, Yates, 
—26. 

Nays — Messrs. Corbett, Davis, Edmunds, Ferry, Fes- 
senden, Morgan, Morrill of Vermont, Pomeroy, Sher- 
man, Sumner, Van Winkle— 11. 



XXXIII. 



GENERAL POLITICAL MISCELLANY. 



Votes of State Lsgislatures on the Fourteenth 
Amendment. 

In Political Manual for 18G7, p. 68, and in tlie 
combined Manual, p. 194, is given the action of 
the States up to April, 1867. The record then 
etood : 

Ratifying States. — Maine, New Hampshire, 
Vermont, Massachusetts, Rhode Island, Con- 
necticut, New York, New Jersey, Pennsylvania7 
West Virginia, Ohio, Tennessee, Indiana, Illinois, 
Michigan, Mir-souri, Minnesota, Kansas, Wiscon- 
Bin, Oregon, Nevada — 21. 



Rejecting States — Delaware, Maryland, and 
Kentucky— 3. Besides the ten insurrec'.ionary 
States of Virginia, North Carolina, South Caro- 
lina, Georgia, Florida, Alabama,* Mississippi, 



* President Johnson'n telegram to ex-Provisional 
Governor Parsons, of Al.abama, on the ratification ol 
the Fourteenth Amendment: 

ex-governor parsons's telegram. 

Montgomery, Alabama, 

January 17, 1867 
Legislature in session. Efforts making to rf- 
consider vote on constitalional amendment. Re- 



POLITICAL MISCELLANY. 



J53 



Louisiana, Texas, Arkansas, as reorganized un- 
der the Presidential plan — 13 in all. 

Not Acted — Iowa, California, Nebraska — 3. 

Subsequent Action of State Legislatures. 

Since that date, Iowa and Nebraska ratified 
the amendment and Calii'ornia rejected it, thus 
increasing the ratifying States to 23, and the 
rejecting to 4, excluding the insurrectionary 
States, or 14 with them. 

The Legislatures of Ohio and New Jersey of 
18('i8 passed resolutions for the withdrawal of 
their previous ratification. 

In Ohio the vote on withdrawing, January 
13, 1868, was as follow : 

In Senate — yeas 19, nays 17, as follow : 

Ykas — Messrs. Berr;/, Campbell, Carter, Dickey, Dowd- 
neu, Emmitt, Evans, Godfrey, Golden, Hutcheson, Jami- 
son, Kenneii, Lawrence, Linn, May, Rex, Scribner, Stam- 
hauqh. Winner — 19. 

Nays — Messrs. Biggs, Brooks, Burrows, Conant, Co- 
rey, Everett, Griswold, Hall, Jones, Keifer, Kessler, 
Kraner, Potts, Simmons, Torrence, Woodworth, Yeo- 
man — 17. 

In House — yeas 56, nays 46, as follow; 

Yeas — Messrs. Acker, Baker, Ball, BelvUle, Boehmer, 
Branch, Buell, Callen, Cockerill, Ciisac, Denman, Dihoorth, 
Dungan, Fielding, Finley, Fitch, Gaston, Gerhart. Gordon, 
Ileaaley, Henricks, Hill of Defiance, Hard, Hughes of 
Butler, Hughes of Highland, Jcwett, Jones, Kemp. Ken- 
no», Larwiil, Lawson, Leete, Mann, McMarrell, Moffett, 
Neal, Newman, Nichol, Parks, Purr, Pennisten, Read, 
Rishardson, Robinson, Ross, Rutter, Shatc, Stickney, 
Swaim, Sioetland, Thompson of Stark, ThornhiU, Walling, 
Wilson, Worth, Mr. Speaker Follett—b'o. 

Nats — IMessrs. Anderson. Belts, Borden, Bronson, 
Brooke, Canfleld, Cannon, Carpenter, Coleman, Dennis, 
Dickson, Dunn, Eames, Gallup, Hare, Hill of Erie, Hill 
of Fulton, Howard, Johnson, Kain, Kennett, Kerr of 
Fayette, Kerr of Jefferson, Lawrence, Lee, Lewton, 
McMorran, Moore, Parker, Pond, Ritezell, Rough, 
Rukenbrod, Saylor, Scott of Hamilton, Scott of War- 
ren, Sherwin. Sinclair, Sisler, Skaats, Thompson of 
Columbiana, ITllery, Wamking, Warren, Welsh, Wolf 
—46. 

In New Jersey, the resolution of withdrawal 

port from Washington eays it is probable an 
enabling act will pass. We do not know what 
to believe. I find nothing here. 

Lewis E. Paesons. 

Exchange Hotel. 
His Excellency Andrew Johnsok, President. 

reply of the president. 
United States Military Telegraph, 
Executive Office, 
Washington, D. C, January 17, 1867. 
What possible good can be obtained by recon- 
sidering the constitutional amendment? I know 
of none in the present posture of affairs; and I 
do not believe the people of the whole country 
will sustain any set of individuals in attempts 
to change the wiiole character of our Government 
by enabling acts or otherwise. I believe, on 
the contrary, that they wiu eventually uphold 
all who have the patriotism and courage to 
stand by the Constitution, and who place their 
confidence in the people. There should be no 
faltering on the part of those who are honest in 
their determination to sustain the several coor- 
dinate departments of the Government, in ac- 
cordance with its original design. 

Andrew Johnson 
Hon. Lewis E. Parsons, 

Montgomery, Alabama. 
23 



passed the Senate February 19, 1868, and the 
House February 20, but was vetoed by the 
Governor. 

The resolution was repassed over the Gov- 
ernor's veto, in the Senate, March 5 — yeas 11, 
nays 9, as follow : 

Yeas — Messrs, Anderson, Bowne, Dater, Edsall, GaskilU 
Hopper, Little, (Prtoident,) Rice, Robins, Wildrick, Win- 
field— U. 

Navs— Messrs. Bettle, Blackman, Clark, Cobb, Hays, 
Horner, Plnmmer, Richey, Warwick — 9. 

The vote on passing in the House, March 25, 
was 3-eas 45, nays 13, as follow: 

Yeas — IMessrs. Albertson, Allen, J. L. Baldxoin, Bergen, 
Brown, Christie, H. C. Clark, H. F. Clark, Coghlan, Col- 
lins, Corlies, Corson, Cox, Diin/er, Evans, (Speaker,) Ful- 
mrr, Givens. Hedden, Hcndrickion, Henry, Hering, Hood, 
Hough. Huff, Hunt, Jones, Lanning. Lippincott, Magona- 
gle. Maxwell, Molomi. Pearce, Picket, Price, Probasco, 
Rosenbaum, Sharp. Smith. Strong, Taylor. Van Vorst, 
Vlict, Westcott, Whelan, Wills — 15. (One Democrat ab- 
sent.) 

Nats — Messrs. Atwater, J. R. Baldwin, Cowperthwaite, 
Gage, Keim, Kennedy, Lord, Mackin, Nixon, Peck, 
Reeves, Speer, Van Voorhies— 13. (One Republican 
absent.) 

Of the Insurrectionary Statoe, 

Arkansas ratified the amendment, April 6, 
Senate, yeas 23, nays ; and, April 3, House, 
yeas 56, nays 0. 

Florida ratified the amendment, June 9, in 
Senate, yeas 10, nays 3; and in House of Rep- 
resentatives, yeas 25, nays 14. 

North Carolina ratified it, July 1, in the Sen- 
ate 36 to 2, in the House 72 to 23. 

With the ratification by the Legislatures of the 
remaining States whose restoration to represen- 
tation is dependent upon that condition, as set 
forth in the act of June 25, 1868, the requisite 
three-fourths of the thirty-seven States will be 
secured, even conceding the right of Ohio and 
New Jersey to withdraw. 



Votes on Constitutional Amendmenti in the 
States. 

IN MICHIGAN. 

The vote in April 1868, on the new constitu- 
tion, as officially declared by the State board of 
canvassers, was as follow : 

Vote for the Constitution 71,733 

Against the Constitution 110,582 

Majority against the Constitution 38,849 

For prohibition .""TiTtcl 

Against prohibition 86,143 

Majority against prohibition l^i.CSl 

For annual sessions 'J4,482 

For biennial sessions 100,314 

Majority for biennial sessions 75,8.32 

The vote on the constitution is larger by about 
18,000 than the vote on Governor in 1866. 

Total vote on constitution 182,315 

" " prohibition 158.Ci)5 

" " sessions 124,79t\ 



IN OHIO. 
In October, 1867. the vote was taken on the 
proposed constitutional amendment respecting 
suffrage, for which see Political Manual for 
1867, page 131, or the combined Manual, page 
257. The result was : 



354 



POLITICAL JIANUAL. 



Against tlie amendment 255,340 

For the amendment 210,987 

Total vote 472^27 

Majority against on vote cast 38,:)5:^ 

Not voting on amendment 12,27G 

Constitutional majority against.. ..~ 5i),G29 



IN KANSAS. 

In November, 1867, the vote was taken on 
three prqgosed amendments respecting voters : 
First. To strike out the word "white." Second. 
To strike out the word "male." Third. To dis- 
franchise rebels. The votes were as follows : 

On striking out " white," the yeas were 10,483, 
nays 19,421. Majority against, 8,938. 

On striking out '-male," the yeas were 9,070, 
nays 19,857. Majority against, 10,787. 

On disfranchising rebels, the veas were 15,672, 
nays 12,990. Majority for, 2,682. 

IN MINNESOTA. 

In November, 1867, on a vote to amend tlie 
constitution so as to extend suffrage without 
regard to color, the y^as were 27,461, the nays 
28;759. 

I^T ILLINOIS. 

In November, 1S68, a vote is to be taken for 
or against calling a convention to form a new 
constitution, 

FINANCIAL LEGISLATION. 

■''' Act Autliorieing the 6's of 1881. 
J'uly 17, 1861 — An act to authorize a national 

loan, and for other purposes. 

Sec. 1. Be it enacted, &c.. That the Secretary 
oi the Treasury be, and he is hereby, authorized 
to borrow on the credit of the United States, 
■within twelve months from the passage of this 
act, a, sum not exceeding $250,000,000, or so 
maeh thereof as he may deem necessary for the 
public service, for which he is authorized to issue 
coupon bonds, or registered bonds, or treasury 
notee, ia such proportions of each as he may 
deem advisable ; the bonds to bear interest not 
exceeding 7 per cent, per annum, payable semi- 
annually, irredeemable for twenty years, and 
after that period redeemable at the pleasure of 
the United States ; and the treasury notes to be 
of any denomination fixed by the Secretary of 
the Treasury, not less than $50, and to be paya- 
ble three years after date, with interest at the 
rate of seven and three-tenths per cent, per an- 
num, payable semi-annually. 

Act Authorizing the 5.20' s. 

February 25, 1862 — An act to authorize the 
issue of United States notes, and for the re- 
demption or funding thereof, and for funding 
the floating debt of the United States. 

******* 

Sec. 2. That to enable the Secretary of the 
Treasury to fund the treasury notes and floating 
debt of the United States, lie is hereby author- 
ized to issue, on the credit of the United States, 
f.oupon bonds, or registered bonds, to an amount 
not exceeding $500,000,000, redeemable at the 
pleasure of the United States after five years, 



and payable twenty years from date, and bear- 
ing interest at the rate of 6 per cent, per an- 
num, payable semi-annually. And the bonds 
herein authorized shall be of such denominations, 
not less than $50, as may be determined upon 
by the Secretary of the Treasury. And the 
Secretary of the Treasury may dispose of- such 
bonds at any time, at the market value tliereof, 
for the coin of the United States, or for any ot 
the treasury notes that have been or may here- 
after be issued under any former act of Con- 
gress, or for United States notes that may be 
issued under tlie provisions of this act ; and all 
stocks, bonds, and other securities of tlie United 
States held by individuals, corpo<rations, or asso- 
ciations, within the United States, shall be ex- 
empt from taxation by or understate authorit;y. 

Act Creating a Sinking Fund, &c. 

Sec. 5. That all duties on imported goods 
shall be paid in coin, or in notes payable ou 
demand lieretofore authorized to be issued and 
by law receivable in payni'ut of public dnei, 
and the coin so paid shall be set apart a.i a. 
special fund, and shall be applied as follows : 

Firsl. To the payment in coin of the inttrsst 
on the bonds and notes of the United Stat:^^ 

Second. To the purchase or payment of r.ae 
per centum of the entire debt, of the United 
States, to be made within each fiscal yeuv after 
the 1st day of Jul3^ 1862, which ir* to bo set 
apart as a sinking-fund, and theinter^'stof v.'hic''. 
shall in like manner be applied to th-j purchasi 
or payment of the public debt as the Secretai/ 
of the Treasury shall from time to time direct 

Third. The residue thereof to be paid into ll.p 
Treasury of the United States. 

Act Authorizing the 10 40's. 

March 3, 1864 — An act supplementary to ni act 
entitled "An act to provide ways and ineaos 
for the support of the Government," ap^voved 
March 3, 'l863. 

Sec 1. Be it enacted, d:c. That in lieu of so 
much of the loan authorized by the act of March 
3,1863, to which this is supplementary, the Sec- 
retary of the Treasury is authorized to borrow, 
from time to time, ou the credit of the United 
States, notffexceeding $200,000,000 during the 
current fisckl year, and to prepare and issue 
therefor coupon or roistered bonds of the United 
States, bearing date March 1, 1864, or any sub- 
sequent period, redeemable at the pleasure of the 
government after any period 'aot less than five 
years, and payable at any period not more than 
forty years from date, in ccrx, And of such denom- 
inations as maybe found expedient, not less th»n 
$50, bearing interest not exceeding six per centum 
a year, payable on bondu r.ctover $100 annually, 
and on all otlicr bonds soxi-annually, in coin ; and 
he ma}' dispose of such ronds at any time, on such 
terms as he m,ay deem Aiost advisable, for lawful 
money of the United States, or, at his discre- 
tion, for treasury not»js, certificates of indebted- 
ness, or certificates of deposit, issued under any 
act of Congress; and .all bonds issued under this 
act shall be exempt from taxation by or under 
State or municipal authority. And the Secre- 
tar}'' of the Treasury shall pay the necessary 
expenses of the preparation, issue, and disposal 



POLITICAL MISCELLAW, 



sn 



of such bonds out of any. money in the treasury 
not otherwise appropriated, but the amount so 
paid shall not exceed one half of one per cent- 
am of the amount of tlie bonds so issued and 

disposed of. 

Act Authorizing the Consolidated Loan of 1865. 
March 3, 1865 — An act to provide ways and 

means to support the government. 

Sec. 1. Be it enacted, &c., Tliat the Secretary 
of the Treasury be, and he is hereby, author- 
ized to borrow, from time to time, on the credit 
of the United States, in addition to the amounts 
heretofore authorized, any sums not exceeding 
in the aggregate $600,000,000, and to issue 
therefor bonds or treasury notes of the United 
States, in such form as he may prescribe; and 
so much thereof as may be issued in bonds shall 
be of denominations not less than $50, and may 
be made payable at any period not more than 
forty years from date of issue, or may be made 
redeemable, at the pleasure of the g(3vernment, 
at or after any period not less than fiv'e years 
nor more than fonfey years from date, or may be 
made redeemable and payable as aforesaid, as 
may be expressed upon their face ; and so much 
thereof as may be issued in treasury notes may 
be made convertible into any bonds authorized 
by this act, and may be of such denominations 
• — not less than $50 — and bear such dates and 
be made redeemable or payable at such periods 
as in the opinion of the Secretary of the Treas- 
ury may be deemed expedient. And the inter- 
est on such bonds shall be payable semi-annu- 
ally ; and on treasur}' notes authorized by this 
act the interest may be made payable semi- 
annually, or annually, or at maturity thereof; 
and the principal or interest, or both, may be 
ma<ie payable in coin or in other lawful money: 
Provided, That the rate of interest on anj'' such 
bor.ds or treasury notes, when payable in coin, 
shall not exceed six per cent, per annum ; and 
■when not payable in coin shall not exceed seven 
and three-tenths per cent. ]ier annum; and the 
rate and character of interest shall be expressed 
on all such bonds or treasury notes. 

Act Creating Legal Tenders. 

February 25, 1862 — An act to authorize the 
issue of United States notes and for the re- 
demption or funding thereof, and for funding 
the tioating debt of the United States. 
Sec. 1. * * * And provided furtJicr, That 
the amount of the two kinds of notes* together 
shall at no time exceed the sum of $150,000,000, 
and snch notes herein authorized shall be receiva- 
ble in pa3'rnent of all taxes, internal duties, ex- 
cises, debts, and demands of every kind due to the 
United States, except duties on imports, and of 
all claims and demands against tlie United 
States of every kind whatsoever, except for in- 
terest upon bonds and notes, which shall be paid 
in coin, and shall also be lawful money and a 
legal tender in payment of all debts, public and 
private, within the United States, except duties 
on imports and interest as aforesaid. 

ActLiiaiting the Amount of "Greenbacks." 

June 30, 1864. — An act to provide ways and 
means for the support of the government, and 
for other j'urposes. 



Sec. 1. Be it enacted, d-c.. That the Secretary 
of the Treasury be, and he is hereby, authorized 
to borrow, from time to time, on the credit of 
the United States, $400,000,000, and to issue 
therefor coupon or registered bonds of the United 
States, redeemable at the pleasure of the Govern- 
ment, after any p)eriod not less than five, nor 
more than thirty years, or, if deemed expedient, 
made payable at any period not more than forty 
years from date. And said bonds shall be of 
such denominations as the Secretarj?- of the 
Treasury shall direct, not less than fifty dollars, 
and bear an annual interest not exceeding six 
per centum, payable semi-annually in coin. And 
the Secretary of the Treasury may dispose of 
such bonds, or any part thereof, and of any bonds 
commonly known as five-twenties remaining 
unsold, in the United States, or if he shall find 
it expedient, in Europe, at any time, on such 
terms as he may deem most advisable, for lawful 
money of the United States, or, at his discretion, 
for treasury notes, certificates of indebtedness, 
or certificates of deposit issued under any act 
of Congi'ess. And all bonds, treasury notes, and 
other obligations of the United States, shall be 
exempt from taxation by or under State or mu- 
nicipal authority. 

Sec. 2. That the Secretary of the Treasury raaj' 
issue on the credit of the United States, and in 
lieu of an equal amount of bonds authorized 
by the preceding section, and as a part of said 
loan, not exceeding $200,000,000 in treasury 
notes, of any denomination not Ir'ss than ten 
dollars, payable at any time not exceeds, g 
three years from date, or, if thought more expe- 
dient, redeemable at any time after three years 
from date, and bearing interest not exceeding 
the rate of seven and three tenths per centum, 
payable in lawful money at maturity, or, at the 
discretion of the Secretary, semi-annually. And 
the said treasurj'' notes may be disposed of by the 
Secretary of the Treasury on the best terras that 
can be obtained, for lawful money ; and such of 
them as shall be made payable, principal and 
interest, at maturity, shall be a legal tender to 
the same extent as United States notes for their 
face value, excluding interest, and may be paid 
to any creditor of the United States at their face 
va,lue, excluding interest, or to any creditor 
willing to receive them at par, including interest: 
and any treasury notes issued under the authority 
of this act may be made convertible, at the dis- 
cretion of the Secretary of the Treasury, into 
any bonds issued under the authority of this 
act. And the Secretary of the Treasury may 
redeem and cause to be cancelled and destroyed 
any treasury notes or United States notes here- 
tofore issued under authority of previous acts of 
Congress, and substitute, in lieu thereof, an 
equal amount of treasury notes such as are 
authorized by this act, or of other United States 
notes: Provided, That the total amount of bonds 
and treasury notes authorized by the first and 
second sections of this act shall not exceed 
$400,000,000, in addition to the amounts here- 
tofore issued; nor sh.all the total amount of 
United States notes, issued or to be issued, 
ever exceed $400,000,000, and such additional 
sum, not exceeding $50,000,000, as may be 
temporarily required for the redemption of teni- 



35G 



POLITICAL MANUAL. 



porary loan ; nor shall any treasury note bear- 
ing interest, issued under this act, be a legal 
tender in paj'ment or redemption of any noies 
issued by any bank, bankins association, or 
banker, calculated or intended to circulate as 
money. 

Important Military Order in Texas. 

Austin, Texas, June 11, 1868. 
[General Orders, No. 13.] 
Trustworthy information received at these 
headquarters shows that in many counties in 
Texas organized bands of lawless men are com- 
mitting murders, and otherwise violating the 
laws and disturbing the peace of the country : 
It is therefore ordered, that all civil officers use 
increased diligence to arrest parties so offending. 
For this purpose, military aid will be rendered 
on application to any post commander in this 



State. Information with regard to oftendern is 
requested from all citizens. Such information 
may be sent direct to these headquarters, or to 
the most convenient military post. When civil 
officers fail to discharge tlieir duty, evidence to 
that effect is requested, to tiie end that jiroper 
steps may be taken in tlie premises. Where 
prisoners cannot be safely kept by the civil au- 
thorities, they may be taken to the most conve- 
nient military post, the commander whereof 
will receive the same, and hold them subject to 
orders from these headquarters. Full report 
and list of witnesses will be promptly forwarded 
in each case, in accordance with General Orders 
No. 41, from these lieadquarters, of Novembei 
22, 1867. 

By command of Bvt. Maj. Gen. J. J. Eeynolds. 
C. E. MoESE, \st Lieut. 2(5th liif., 

A. D. a and A. A. A. G. 



XXXIV, 



NATIONAL PLATFORMS OF 1852, 1856, 1860 AND 1864. 



NATIONAL PLATFORMS 01' 1852. 

Democratic, at Baltimore, June. 

licsolved. That the American Democracy place 
their trust in the intelligence, the patriotism, 
and the discriminating justice of the American 
people. 

II. Resolved, That we regard this as a dis- 
tinctive feature of our political creed, which we 
are proud to maintain before the world as the 
great moral element in a form of government 
springing from and upheld by the popular will ;_ 
and we contrast it with the creed and practice of 
Federalism, under whatever name or form, which 
seeks to palsy the will of the constituent, and 
which conceives no imposture too monstrous for 
the popular credulity. 

III. Resolved, therefore, That, entertaining 
these views, the Democratic party of this Union, 
through their delegates assembled ia a general 
convention of the States, coming together in a 
spirit of concord, of devotion to the doctrines 
and faith of a free representative government, 
and appealing to their fellow-citizens for the rec- 
titude of their intentions, renew and re-assert 
before the American people the declarations of 
principles avowed by them when, on former oc- 
casions, in general convention, they presented 
their candidates for the popular suffrage: 

1. That the Federal Government is one of 
limited powers, derivedsolely from the Constitu- 
tion, and the grants of power made therein ouglit 
to be strictly construed by all the departments 
and agents of the Government; and that it is 
inexpedient and dangerous to exercise doubtful 
con.stitutionai powers. 



2. That the Constitution does not confer upon 
the General Government the power to commence 
and carry on a general system of internal im- 
provements. 

3. That the Constitution does not confer au- 
thority upon the Federal Government, directly 
or indirectly, to assume the debts of the several 
States, contracted for local internal improve- 
ments or other State purposes; nor would such 
assumption be just and expedient. 

4. That justice and sound policy forbid the 
Federal Government to foster one branch of in- 
dustry to the detriment of any other, or to cher- 
ish the interests of one portion to the injury ol 
another portion of our common country; that 
every citizen, and every section of the country, 
has a right to demand and insist upon an 
equality of rights and privileges, and to com- 
plete and ample protection of persons and prop 
erty from domestic violence or foreign aggres 
sion. 

5. That it is the duty of every branch of the 
Government to enforce and practice tlie most 
rigid economy in conducting our public affairs, 
and that no more revenue ought to be raised 
than is required to defray the necessary expen- 
ses of the Government, and for the gradual but 
certain extinction of tlie public debt. 

6. That Congress has no power to charter » 
national bank ; that we believe such an insti- 
tution one of deadly hostility to the best inter- 
ests of the country, dangerous to our republican 
institutions and the liberties of the people, and 
calculated to place the business of the country 
within the control of a concentrated money 
power, and above the laws and the will of tho 



POLITICAL MISCELLANY. 



357 



people; and that the results of democratic leg- 
islation, in this and all other financial measures 
upon which issues have been made between the 
two political parties of the countrj\ have de- 
monstrated, to candid and practical men of all 
parties, their soundness, safety, and utility, in 
all business pursuits. 

7. That the separation of the moneys of the 
Government from banking institutions is indis- 
pensable for the safety of the funds of the Gov- 
ernment and the rights of the people. 

8. That the liberal princi[)les embodied by 
Jefferson in the Declaration of Independence, 
and sanctioned in the Constitution, which makes 
ours the land of liberty and the asylum of the 
oppressed of every nation, have ever Ijeen car- 
dinal principles in the democratic faith ; and 
every attempt to abridge the yiresent privilege of 
becoming citizens and tlie owners of soil among 
us, ought to be resisted with the same spirit wliich 
swept the alien and sedition hiws from our 
statute-books. 

9. That Congress has no power under the Con- 
stitution to interfere witli or control the domestic 
institutions of tlie several States, and that such 
States are the sole and ]iroper judges of every- 
tliing a[ipertaining to their own affairs, not pro- 
hibited by the Constitution ; that all efforts of 
tlie abolitionists or others, made to induce Con- 
gress to interfere with questions of shivery, 
or to take incipient steps in relation thereto, are 
calculated to lead to the most alarming and 
dangerous consequences; nnd that all such efforts 
have an inevitable tendency to diminish the 
happiness of the people, and endanger the sta 
bility and permanf^ncy of the Union, and ought 
not to be countenanced by any friend of our 
political institutions. 

IV. Resolved, That the foregoing proposition 
covers, and was intended to embrace, the whole 
subject of slavery agitation in Congress; and, 
therefore, the Democratic jiarty of the Union, 
standing upon this national platform, will abide 
by and adhere to a faithful execution of the acts 
known as the co>inproinise measures settled by 
the last Congress, " the act for reclaiming fugi- 
tives from service or labor" included; which act, 
being designed to carry out an express provision 
of the Constitution, cannot, with fidelity there- 
to, be repealed or so changed as to destroy or 
impair its efHciency. 

V. Resolved, That the Democratic party will 
resist all attempts at renewing, in Congress or 
out of it, the agitation of the slavery question, 
under whatever shape or color the attempt may 
be made. 

VI. Resolved, That the proceeds of the public 
lands ought to be sacredly applied to the national 
objects specified in the Constitution ; and that 
vve are opposed to any law for the distribution 
of such proceeds among the States, as alike 
ine:ipedient in policy and repugnant to the 
Constitution. 

VII. Resolved, That we are decidedly opposed 
to taking from the President the qualified veto 
power, by which he is enabled, under restrictions 
and responsibilities ainjily sufficient to guard the 
public interest, to suspend the passage of a bilJ 
whose merits can not secure the approval of two- 
thirds of the Senate and House of Representa- 

G 



tives, until the judgment of the people can be 
obtained thereon, and which has saved tha 
American people from the corrupt and tyranni- 
cal domination of the Bank of the United States, 
and from a corrupting system of general inter- 
nal improvements. 

VIII. Resolved, Thnt the Democratic party 
will faithfully abide by and uphold the prin- 
ciples laid down in the Kentucky and Virginia 
resolutions of 1798* and in the report of Mr. 
Madison to the Virginia Legislature in 1799; 
that it adopts those principles as constituting one 
of the main foundations of its political creed, and 
is resolved to carry them out in their obvious 
meaning and import. 

IX. Resolved, That the war with Mexico, upon 
all the princi[iles of patriotism and the laws of 
nations, was a just and necessary war on our 
part, in which every American citizen should 
have shown himself on the side of his country, 
and neither morally nor physically, by word 
or deed, have given "aid and comfort to the 
enemy." 

X. Resolved, That we rejoice at the restoration 
of friendly relations with our sister Republic of 
Mexico, and earnestlj' desire for her all the 
blessings and prosperity which we enjoy under 
republican institutions; and we congratulate 
the American people upon the results of that 
war, which have so manifestly justified the pol- 
icy and conduct of the Democratic party, and 
insured to 'he United States " indemnity for the 
past, and security for the future." 

XI. Resolved, Tliat, in view of the condition 
of fiopular institutions in the Old World, a high 
and Siiered duty is devolved, with increased, res- 
ponsibility, upon the Democratic party of this 
country, as the party of the people, to uphold 
and maintain the riglits of every State, and 
thereby the Union of the States, and to sustain 
and advance among us constitutional liherty, by 
continuing to resist all monopolies and exclusive 
legislation for the benefit of the few at the ex- 
pense of the many, and by a vigilant and con- 
stant adherence to those p»rinciples and corn- 
promises of the Constitution, wtiich are broad 
enough and strong enough to embrace and up- 
hold the Union as it was, the Union as it is, 
and the Union as it shall be, in the full expan- 
sion of the energies and capacity of this great 
and progressive peoj^le. 

Whig, at Baltimore, June. 

The Whigs of the United States, in conven- 
tion assembled, firmly adhering to the great con- 
servative republican principles by which they 
are controlled and governed, and now, as ever, 
relying upon the intelligence of the American 
people, with an abiding confidence in their 
capacity for self-government and their continued 
devotion to the Constitution and the Union, do 
p)roclaim the following as the political sentiments 
and determinations for the establishment and 
maintenance of which their national organiza- 
tion as a party is effected : 

I. The Government of the United States is of 
a limited character, and it is confined to the ex- 



* For these resolutions, see paces 128-131 of the Mai> 
nal for 1867, or pages 254-257 of the Combined .Manual. 



358 



POLITICAL MANUAL. 



ercipe of ]/Owers expressly granted by the Con- 
ftitution, and such as may be necessary and 
proper for carrying the grunted powers into full 
execution, and that all powers not thus granted 
or necessarily implied are expressly reserved to 
the Slates respectively and to the people. 

II. The State Governments should be held 
secure in their reserved rights, and the General 
Government sustained in its constitutional pow- 
ers, and the Union should be revered and watched 
over as "the palladium of our liberties." 

III. That, while struggling freedom every- 
where enlists the warmest sympathy of the Whig 
party, we still adliere to the doctrines of the 
Father of his Country, as announced in his 
Farewell Address, of keeping ourselves free from 
all entangling alliances with foreign countries, 
and of never quitting our own to stand upon 
foreign ground. Tiiat our mission as a republic 
is not to propagate our opinions, or imjiose on 
other countries our form of government by arti- 
fice or force, but to teach by example, and show 
by our success, moderation, and justice, the 
blessiogs of self-government and the advantages 
of free institutions. 

IV. That where the people make and control 
the government, they should obey its constitu- 
tion, laws, and treaties, as they would retain 
their self-respect, and the respect which they 
claim and will enforce from foreign powers. 

V. Government should be conducted upon 
principles of the strictest economy, and revenue 
sufficient for the expenses thereof in time of 
peace ought to be mainly derived from a duty 
on imports, and not from direct taxes ; and in 
levying such duties, sound policy requires a just 
discrimination and protection from fraud by 
specific duties, when practicable, v/hereby suit- 
able encouragement may be assured to American 
industry, equally to all classes and to all portions 
of the country. 

VI. The Constitution vests in Congress the 
power to open and repair harbors and remove 
obstructions from navigable rivers, and it is ex- 
pedient that Congress should exercise that power 
whenever such improvements are necessary for 
the common defence or for the protection and 
facility of commerce with foreign nations or 
among the States, such improvements being, in 
every instance, national and general in their 
character. 

VII. The Federal and State Governments are 
parts of one system, alike necessary for the com- 
mon prosperity, peace, and security, and ought 
to be regarded alike with a cordial, habitual, 
and immovable attachment. Respect for the 
authority of each, and acquiescence in the con- 
stitutional measures of each, are duties required 
by the plainest considerations of National, of 
State, and of individual welfare. 

VIII. The series of acts of the 31st Congress, 
commonly known as the compromise or adjust- 
ment, (the act for the recovery of fugitives from 
labor included.) are received and acquiesced in 
by the Whigs of the United States as a final 
settlement, in principle and substance, of the 
subjects to which they relate ; and, so far as 
these acts are concerned, we will maintain them, 
and insist on their strict enforcement, until time 
and experience sliall demonstrate the necessity 



of further legislation to guard against the 
evasion of the laws on the one hand, and tiie 
abuse of their powers on the other, not itr.j.air- 
ing their present efficiency to carry out the re- 
quirements of the Constitution ; and we 'Jtpre 
cate all further agitation of the questions thus 
settled, as dangerous to our peace, and will dis- 
countenance all eQorts to continue or renew such 
agitation, whenever, wherever, or however 
made; and we will maintain this settlement as 
essential to tlie nationality of the Whig party 
and the integrity of the Union. 

NATIONAL PLATFORMS OF 1856. 

Eepublican, at Philadelphia, Jane. 

This convention of delegates assembled in 
pursuance of a call addressed to the people of 
the United States, -^vith out regard to past po- 
litical differences or divisions, who are oiqiosed 
to the repeal of theMissoui'i con)pion]ise, to the 
policy of tlie present Administration, to the ex- 
tension of slavery into free territory, in favoi 
of admitting Kansas as a free State, of restor- 
ing the action of the Federal Government to the 
principles of Washington and Jefierson. and 
who purpose to unite in presenting candidates 
for the otiices of President and Vice President, 
do resolve as follows : 

1. That the maintenance of the principles 
promulgated in the Declaration of Independence 
and embodied in the Federal Constitution is 
essential to the preservation of our republican 
institutions, and that the Federal Cocstitution, 
the rights of the States, and the union of tho 
States, shall be preserved; that, with our re- 
publican fathers, we hold it to be a self evident 
truth, that all men are endowed wirl\ the in- 
alienable rights to life, liberty, and tli-; pursuit 
of happiness, and that the ])rimary object and 
ulterior design of our Federal Government were, 
to secure these liglits to all persons within its 
exclusive jurisdiction ; that, as our reoublican 
fathers, when they had abolished slavery in all 
our national territory, ordained that no person 
should be deprived of life, liberty, or projierty 
without due process of law, it becomes cur duty 
to maintain this provision of the Cons*;itution 
against all attempts to violate it for the purpose 
of establishing slavery in the United States by 
positive legislation prohibiting its existence or 
extension therein ; that we deny the au'.liority 
of Congress, of a Territorial Legislature, of any 
individual or association of individuals, fo give 
legal existence to slavery in any Territory of 
the United States while the present ConstiintioG 
shall be maintained. 

2. That the Constitution confers upon Con- 
gress sovereign power over the Territories »f the 
United States for their government, and that in 
the exercise of this power it is both the 'ight 
and the duty of Congress to prohibit in the Ter- 
ritories those twin relics of barbarism, polyf xmy 
and slavery. 

3. That, while the Constitution of the ULited 
States was ordained and established by the Peo- 
ple "in order to form a more perfect xin)on, 
establish justice, insure domestic tranquillity, 
provide for the common defence, firomote tho 
general welfare, and secure the blessings of 



POLITICAL PLAXrORMS. 



359 



liberty," and contains ample provisions for the 
protection of the life, liberty, and property of 
every citizen, the dearest constitutional rights 
of the people of Kansas have been fraudulently 
and violently taken from them; their territory 
has been invaded by an armed force; s[)urious 
and pretended legislative, judicial, and execu- 
tive officers have been set over them, by whose 
usurped authority, sustained by tlie military 
power of the Government, tyrannical and un- 
constitutional laws have been enacted and en- 
forced ; the right of the people to keep and bear 
arms has been infringed; test-oaths of an ex- 
traordinary and entangling nature have been 
imposed as a condition of exercising the right of 
suffrage and holding office; tlie right of an ac- 
cused person to a speedy and ])ublic trial by an 
impartial jury has been denied; the right of 
the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches 
and seizures, has been violated ; they have been 
leprived of life, liberty, and jiroperty without 
due process of law ; that the freedom of speech 
and of the press has been abridged; the right 
to choose their representatives has been made of 
no effect; murders, robberies, and arsons have 
been instigated and encouraged, and the offend- 
ers have been allowed to go unpunished ; that 
all these things have been done witii the know- 
ledge, sanction, and procurement of the present 
Administration, and that for this high crime 
against the Constitution, the Union, and hu- 
manity, we arraign the Administration, the 
President, his advisers, agents, supporters, apol- 
ogists, and accessories either before or after the 
fact, before the country and before the world ; 
and thai it is our fixed purpose to bring the 
actual perpetrators of these atrocious outrages 
and their accomplices to a sure and condign 
punishment hereafter. 

4. That Kansas should be immediately ad- 
mitted as a State of the Union, with her present 
free constitution, as at once the most effectual 
way of securing to her citizens the enjoyment 
of the rights and privileges to which they are 
entitled, and of ending the civil strife now 
raging in her territory. 

5. That the highwayman's plea that "might 
makes right," embodied in the Ostend circular, 
was in every respect unworthy of American 
diplomacy, and would bring shame and dishonor 
upon any Government or people that gave it 
their sanction. 

6. That a railroad to the Pacific ocean by the 
most central and practicable route is impera- 
tively demanded by the interests of the whole 
country, and that the Federal Government 
ought to render immediate and efficient aid in 
its construction ; and, as an auxiliary thereto, 
to the immediate construction of an emigrant 
route on the line of the railroad. 

7. That appropriations by Congress for the 
improvement of rivers and harbors of a national 
character, required for the accommodation and 
security of our existing commerce, are author- 
ized by the Constitution and justified by the 
obligation of Government to protect the lives 
and property of its citizens. 

8. That we invite the affiliation and co-opera- 
tion of freemen of all parties, however differing 



from us in otiier respects, in support of thfl 
principles herein declared ; and, believing that, 
the spirit of our institutions, as well as the Con- 
stitution of our country, guaranties liberty ol 
conscience and equality of riglits among citi- 
zens, we oppose all legislation impairing their 
security. 

Democratic, at Cincinnati, Jane. 

The platform reiterates in detail the resolutions 
adopted in 1852, down to and including the 
Vlllth resolution, and added the following : 

And whereas since the foregoing declaration 
was uniformly adopted by our predecessors m 
national conventions an adverse political and 
religious test has been secretly organized by a 
party claiming to be exclusively American, it is 
proper that the American Democracy should 
clearly define its relation thereto, and declare 
its determined opposition to all secret political 
societies, by whatever name they may be called 

Resolved, That the foundation of this Union 
of States having been laid in, and its prosperity, 
expansion, and pre-eminent example in free gov- 
ernment built upon, entire freedom in matters ot' 
religious concernment, and no respect of person 
in regard to rank or place of birth, no party can 
justly be deemed national, constitutional, or in 
accordance with American principles, which bases 
its exclusive organization upon religious opinions 
and accidental birth-place. And hence a politi- 
cal crusade in the nineteenth century, and in 
the United States of America, against Catholic 
and foreign-born, is neither justified by the past 
history or the future prospects of the country, 
nor in unison with the spirit of toleration and 
enlarged freedom which peculiarly distinguishes 
the American system of popular government. 

And that we may more distinctly meet the 
issue on which a sectional party, subsisting exclu- 
sively on slavery agitation, now relies to test 
the fidelity of the people. North and South, to 
the Constitution and the Union : 

1. Resolved, That claiming fellowship with, 
and desiring the co-operation of all who regard 
the preservation of the Union under the Consti- 
tution as the paramount issue, and repudiating 
all sectional parties and platforms concerning 
domestic slavery, which seek to embroil the 
States and incite to treason and armed resistance 
to law in the Territories, and whose avowed 
purpose, if consummated, must end in civil war 
and disunion, the American Democracy recog- 
nize and adopt the principles contained in the 
organic laws establishing the Territories of Kan- 
sas and Nebraska, as embodying the only sound 
and safe solution of the " slavery question" upon 
which the great national idea of the people of 
this whole country can repose in its determined 
conservatism of the Union — non-inteefekexce 

BY CONGRESS WITH SLAVERY IN ST.^TE AND TEE- 
EITORY, OE IN THE DISTEICT OF COLUMBIA. 

2. That this was the basis of the compromises 
of 1850, confirmed by both the Democratic and 
Whig parties in national conventions, ratified 
by the people in the election of 1852, and rightly 
applied to the organization of Territories in 1854. 

3. That by the uniform application of this 
democratic principle to the organization of Ter- 
ritories, and to the admission of new States, with 



360 



POLITICAL MANUAL. 



or without domestic slavery, as tliey may elect, 
the equal rights of all tlie Scales will be preserved 
intact, the original compacts of the Constitution 
maintained inviolate, and the perpetuity and 
expansion of this Union insured to its utmost 
capacity of embracing, in peace and harmony, 
every future American State that may be con- 
stituted or annexed with a republican form of 
government. 

Resolved, That wo recognize the right of the 
people of all the Territories, including Kansas 
and Nebraska, acting through tlie legally and 
fairly-expressed will of a majoritj' of actual 
residents, and wherever the number of their 
inhabitants justifies it, to form a constitution, 
with or withoutdomestic slavery, and be admit- 
ted into the Union upon terms of [lerfect equality 
with tlie other States. 

Resolved, finally. That in the view of the con- 
dition of popular institutions in the Old World 
(and the dangerous tendencies of sectional agi- 
tation, combined witli tlie attempt to enforce 
civil and religious disabilities against the rights 
of acquiring and enjoying citizenship in our own 
land,) a high and sacred duty is devolved with 
increased responsibility upon the Democratic 
part}^ of this country, as the party of the Union, 
to uphold and maintain the riglits of every State, 
and thereby the Union of the States ; and to 
sustain and advance among us constitutional 
libert\', by continuing to resist all monopolies 
and exclusive legislation for the benefit of the 
few at the expense of the many, and by a vigi- 
lant and constant adherence to those principles 
and compromises of the Constitution, which are 
broad enough and strong enough to embrace and 
uphold the Union as it was, the Union as it is, 
and the Union as it shall be, in the full expan- 
sion of the energies and capacity of this great 
and progressive people. 

1. Resolved, That there are questions connected 
with the foreign policy of this country, which 
are inferior to no domestic question whatever. 
The time has come for the people of tiie United 
States to declare themselves in favor of free seas 
and progressive free trade throughout the world, 
by solemn manifestations, to place their moral 
influence at the side of tlieir successful example. 
[Adopted— yeas 230, nays 29.] 

2. Resolved, That our geographical and po- 
litical position with reference to the other States 
of this continent, no less than the interest of our 
commerce and the development of our growing 
power, requires that we should liold as sacred 
the princi[iles involved in the Monroe doctrine; 
their bearing and import admit of no miscon- 
struction; they sliould be applied with unbend- 
ing rigidity. [Adopted — yeas 239, nays 21 ] 

3. Jiesclved, That the great highway which 
nature as well as tlie assent of the States most 
immediately interested in its maintenance has 
marked out lor a free communication between 
the Atlantic and the Pacific oceans, constitutes 
one of the most important achievements realized 
by the spirit of modern times and the uncon- 
querable energy of our [leople. That result 
should be secured by a timely and efficient ex- 
ertion of the control which we iiave the right to 
claim over it, and no power on earth should be 
BUflered to impede or clog its progress by auy 



interference with the relations it may suit our 
policy to establish betwfen our Government and 
the governments of the States within whose 
dominions it lies. We can, under no circum- 
stance, surrender our ]ireponderance in the ad- 
justment of all questions arising out of it. 
[Adopted — yeas 180, nays 56 ] 

4. Resolved, That, in view of so commanding 
an interest, the people of the United States can- 
not but sympathize with the efforts which are 
being made by the people of Central America 
to regenerate that portion of the continent 
whicli covers tlie passage across the inter- 
oceanic isthmus. [Adopted — yeas 221, nays 38.] 

6. Resolved, That the Democratic jiarty will 
expect of tiie next Administration that every 
proper effort be made to insure our ascendancy 
in the Gulf of Mexico, and to maintain a per- 
manent protection to the great outlets througii 
which are emptied into its waters the products 
raised out of the soil and the commodities cre- 
ated by the industry of the people of our 
western valleys and of the Union at large. 
[Adopted — yeas 229, nays 33.] 

The following resolution, reported from the 
committee on resolutions, was laid on the 
table — yeas 154, nays 120: 

Resolved, That the Democratic party recog- 
nizes the great importance, in a political and 
commercial point of view, of a safe and speedy 
communication by military and postal roads, 
through our own territory, between the Atlantic 
and Pacific coasts of this Union, and that it is 
the duty of the Federal Government to exercise 
promptly all its constitutional power for the 
attainment of that object. On tabling, the vote 
was : 

Ye.\s — Maine 1, New H.ampshire 4, Massachusetts 17, 
Rhode I.sland 4, Connecticut 6, Kew Jersey 7, Penn- 
sylvania 27, Delaware 3. Virginia 15, North Carolina 10, 
South Carolina 8, Georgia 6. Alaliama 9, Sli.^sissippi 7, 
Ohio 16, Kentucky 8, Tennessee .3, Florida .3 — 154. 

N.^Ys — Maine 7, New Hampshire 1, Vermont 5, Mas- 
sachusetts 12, Marj'land 0, Georgia 4, Louisiana G, 
Ohio C, Kentucky 4, Tennessee n, Indiana 13, Illinois 
11, Missouri 9, Arkansas 4, Michigan G, Texas 4, Iowa 
4, Wisconsin 5, California 4 — 120. 

The second day thereafter the rules were sus- 
pended — yeas 208, nays 88 — and this resolution 
was adopted — yeas 205, nays 87 : 

Resolved, That the Democratic party recog- 
nizes the great importance, in a ])olitical and 
commercial point of view, of a safe and speedy 
communication through our own territory be- 
tween the Atlantic and Pacific coasts of the 
Union, and that it is the duty of the Federal 
Government to exercise all its constitutional 
power to the attainment of that object, thereby 
binding the Union of these States in indissoluble 
bonds, and opening to the rich commerce of 
Asia an overland transit from the Pacific to the 
Mississippi river, and the great lakes of the 
North. " ■ ■ 

NATIONAL PLATFORMS OF 1860. 

Kepublican, at Chicago, May. 

Resolved, That we, the delegated representa- 
tives of the Republican electors of the United 
States, in Convention assembled, in discharge of 
the duty we owe to our constituents and our 
country, unite in the following declarations: 

1. That the history of the nation, during the 



POLITICAL PLATFORMS. 



301 



la?t. four years, has fully established the propri- 
ety and necessity of the organization and per- 
j>etuation of the Republican party, and that the 
causes which called it into existence are perma- 
nent in their nature, and now, more than ever 
before, demand its peaceful and constitutional 
triumph. 

2. That the maintenance of the principles 
promulgated in the Declaration of tiie Indsfien- 
dence and embodied in the Federal Constitution, 
" That all men are created equal ; that they arc 
endowed by their Creator with certain inalien- 
able rights; tliat among these are life, liberty, 
and the pursuit of happiness ; that to secure 
these rights, governments are instituted among 
men, deriving their just powers from tlie con- 
eent of the governed," is essential to the pre- 
servation of our republican institutions ; and 
that the Federal Constitution, the rights of the 
State*, and the Union of the States, must and 
Bhall be preserved. 

3. That to the Union of the States this nation 
owes its unprecedented increase in population, 
its surprising development of material resources, 
its rapid augmentation of wealth, its happiness 
at home, and its honor abro 'd ; and we hold in 
abhorrence all schemes for disunion, come from 
whatever source they may : and we congratu- 
late the country that no Republican member of 
Congress has uttered or countenanced the threats 
of disunion so often made by Democratic mem- 
bers, witliout rebuke and with applause from 
their political associates ; and we denounce those 
threats of disunion, in case of a popular over- 
throw of their ascendency, as denying the vital 
principles of a free government, and as an avowal 
of contemplated treason, which it is the impera- 
tive duty of au indignant people sternly to re- 
buke and forever silence. 

4. That the maintenance inviolate of the rights 
of the States, and especiallj' the right of each 
State to order and control its own domestic in- 
Btitutions according to its own judgment exclu- 
eively is essential to that balance of power on 
which the perfection and endurance of our po- 
litical fabric depends; and we denounce the 
lawless invasion by armed force of the soil of 
any State or Territory, no matter under what 
pretext, as among the gravest of crimes. 

6. That the present Democratic Administra- 
tion has far exceeded our worst apprehensions, 
in its measureless subserviency to tiie exactions 
of a sectional interest, as especially evinced in 
its desperate exertions to force the infamous 
Ltcomjiton constitution upon the protesting peo- 
] lib of Kansas; in construing the personal rela 
lion between master and sei vant to involve an 
unqualified property in persons; in its attempted 
enforcement everywhere, on land and sea, 
through the intervention of Congress and of the 
Federal courts, of the extreme pretensions of a 
purely local interest ; and in its general and un 
varyinfT abuse of the power intrusted to it by a 
confiding people. 

8. That the people justly view with alarm the 
reckless extravagance which pervades every 
department of the Federal Government; that a 
return to rigid economy and accountability is 
indispensxblo to arrest the systematic plunder 
of the public treasuiy by favored partisans, 



while the recent startling developments of frauds 
and corruptions at the Federal metropolis shovf 
that an entire change of administration is im- 
peratively demanded. 

7. That the new dogma, that the Constitution, 
of its own force, carries slavery into any or all 
of the Territories of the United Slates, is a dan- 
gerous political heresy, at variance with the ex- 
plicit provisions of that instrument itself, with 
contemporaneous exposition, and with legisla- 
tive and judicial precedent; is revolutionary in 
its tendency, and subversive of the peace and 
harmony of the country. 

8. That the normal condition of all the terri- 
tory of the United States is that of freedom ; 
that as our republican fathers, when they had 
abolished slavery in all our national territory, 
ordained that " no person should be deprived of 
life, liberty, or property, without due process of 
law," it becomes our duty, by legislation, when- 
ever such legislation is necessary, to maintain 
this provision of the Constitution against all 
attempts to violate it; and we deny the authority 
of Congress, of a territorial legislature, or of any 
individuals, to give legal existence to slavery in 
any Territory of the United States. 

9. That we brand the recent re-opening of the 
African slave-trade, under the cover of our na- 
tional flag, aided by perversions of judicial 
power, as a crime against humanity and a burn- 
ing shame to our country and age ; and we call 
upon Congress to take prompt and eificient 
measures for the total and final suppression of 
that execrable traffic. 

10. That in the recent vetoes, by their Federal 
governors, of the acts of the legislatures of 
Kansas and Nebraska, prohibiting slavery in 
those Territories, we find a practical illustration 
of the boasted democratic principle of non- 
intervention and popular sovereignty, em- 
bodied in the Kansas-Nebraska bill, and a 
demonstration of the deception and fraud in- 
volved therein. 

11. That Kansas should of right be immedi- 
ately admitted as a State under the constitution 
recently formed and adopted by her people and 
accepted by the House of Representatives. 

12. That, while providing revenue for the 
support of the General Government by duties 
upon imports, sound policy requires such an 
adjustment of these imposts as to encourage the 
development of the industrial interests of the 
whole country ; and we commend that policy of 
national exchanges which secures to the work- 
ingmen liberal wages, to agriculture remuner- 
ative prices, to mechanics and manufacturers an 
adequate reward for their skill, labor, and enter- 
prise, and to the nation commercial prosperity 
and independence. 

13. That we protest against any sale or aliena- 
tion to others of the public lands held by actual 
settlers, and against any view of the free home- 
stead policy which regards the settlers as paupers 
or suppliants for public bounty ; and we demand 
the passage by Congress of the complete and 
satisfactory homestead measure which has al- 
ready passed the House. 

14. That the Republican party is opposed to 
any change in our naturalization laws, or any 
State legislation b}' which the rights of citizen- 



362 



POLITICAL MANUAL. 



ship hitherto accorded to immigrants from for- 
eign lands shall be abridged or impaired ; and 
in favor of giving a full and efficient protec- 
tion to the rights of all classes of citizens, 
whether native or naturalized, both at home 
and abroad. 

15. That appropriations by Congress for river 
and harbor improvements of a national charac- 
ter, required for the accommodation and security 
of an existing commerce, are authorized by the 
Constitution and justified by the obligation of 
Government to protect the lives and property of 
its citizens. 

16. That a railroad to the Pacific ocean is 
inipemtively demanded by the interests of the 
whole country; that the Federal Government 
ought to render immediate and efficient aid in 
its construction ; and that, as preliminary there- 
to, a daily overland mail should be promptly 
established. 

17. Finally, having thus set forth our distinc- 
tive principles and views, we invite the co-ope- 
ration of all citizens, however diflenng on other 
questions, who substantially agree with us in 
tlieir affirmance and support. 

Democratic (Douglas) Platform, adopted at 
Charleston and Baltimore, June. 

1. Resolved, That we, the Democracy of the 
Union, in convention assembled, hereby declare 
our affirmance of the resolutions unanimously 
adopted and declared as a platform of princi- 
ples by the Democratic Convention in Cincin- 
nati, in the year 1856, believing that Democratic 
principles are unchangeable in tlieir nature, 
when applied to the same subject-matters; and 
we recommend, as the only further resolutions, 
the following: 

2. Eesolved, That it is the duty of the United 
States to atford ample and complete protection 
to all its citizens, whether at home or abroad, 
and whether native or foreign. 

3. Resolved, That one of the necessities of the 
age, in a military, commercial, and postal point 
of view, is speedy communication between the 
Atlantic and Pacific States ; and the Democratic 
party pledge such constitutional Government aid 
as will insure the construction of a railroad to the 
Pacific coast at the earliest practicable period. 

4. Resolved, That the Democratic party are in 
favor of the acquisition of the Island of Cuba, 
on such terms as shall be honorable to ourselves 
and just to Spain. 

5. Resolved, That the enactments of State 
legislatures to defeat the faithful execution of 
the fugitive-slave law are hostile in character, 
Fubversive of the Constitution, and revolutionary 
in their effect. 

6. Resolved, That it is in accordance with the 
true interpretation of the Cincinnati platform 
that, during the existence of the territorial gov- 
ernments, the measure of restriction, whatever 
it may be, imposed by the Federal Constitution 
on the power of the territorial legislature over 
the subject of tlie domestic relations, as the same 
has been, or shall hereafter be. finally determined 
by the Supreme Court of the United States, should 
be respected by all pood citizens, and enforced 
with promptness and fidelity by every branch 
of the General Government. 



Democratic (Breckinridge) Platform, adopted at 
Charleston and Baltimore, June. 

Resolved, That the platform adopteil by the 
Democratic party at Cincinnati be affirmed, with 
the following explanatory resolutions ; 

1. That the government of a territory organ- 
ized by an act of Congress is provisional and 
temporary, and during its existence all citizens 
of the United States have an equal right to set- 
tle with their property in the territory, without 
their rights, either of person or property, being 
destroyed or impaired by congressional or ter- 
ritorial legislation. 

2. Thatit is the duty of the Federal Govern- 
ment, in all its departments, to protect, when 
necessary, tlie rights of persons and property in 
the territories, and wherever else its constitu- 
tional authority extends. 

3. That when the settlers in a territory, hav- 
ing an adequate population, form a State con- 
stitution, the right of sovereignty commences, 
and, being consummated by admission into the 
Union, they stand on an equal footing with 
the people of other States ; and the State thus 
organized ought to be admitted into the Federal 
Union, whether its constitution prohibits or re- 
cognizes the institution of slavery. 

4. That the Democratic party are in favor of 
the acquisition of the Island of Cuba, on such 
terras as shall be honorable to ourselves and 
just to Spain, at the earliest practicable mo- 
ment. 

5. That the enactments of State legislatures 
to defeat the faithful execution of the fugitive- 
slave law are hostile in character, subversive 
of the Constitution, and revolutionary in their 
effect. 

6. That the Democracy of the United States 
recognize it as the imperative duty of this Go- 
vernment to protect the naturalized citizen iu 
all his rights, whether at home or in foreign 
lands, to the same extent as its native-bora 
citizens. 

Whereas one of the greatest necessities of the 
age, in a political, commercial, postal, and mili- 
tary point of view, is a speedy communication 
between the Pacific and Atlantic coasts; there- 
fore, be it 

Resolved, That the National Democratic party 
do hereby pledge themselves to use every means 
in their power to secure the passage of some bill, 
to the extent of the constitutional authority of 
Congress, for the construction of a Pacific rail- 
road from the Mississippi river to the Pacific 
ocean, at the earliest practicable moment. 

NATIONAL PLATFOKMS OF 1864. 

Bepublican, at Baltimore, June. 

Resolved, That it is the highest duty of every 
American citizen to maintain against all their 
enemies the integrity of the Union and the par- 
amount authority of the Constitution and laws 
of the United States ; and that, laying aside all 
differences of political opinions, we pledge our- 
selves as Union men, animated by a coramoa 
sentiment, and aiming at a common object, to 
do everything in our power to aid the Govern- 
ment, in quelling by force of arms the rebellion 
now raging against its authority, ard in bring- 



POLITICAL PLATFORMS. 



363 



ing to the punishment due to their crimes the 
reoels and traitors arrayed against it. 

2. That we approve the determination of the 
Government of the United States not to compro- 
mise with rebels, or to offer them any terms of 
peace, except such as may be based upon an un- 
conditional surrender of their hostility aud a re- 
turn to their just allegiance to the Constitution 
and laws of the United States ; and that we call 
upon the Government to maintain this position 
and to prosecute the war with the utmost pos- 
sible vigor to the complete suppression of the 
rebellion, in full reliance upon the self-sacrific- 
ing patriotism, the heroic valor, and the undying 
devotion of the American people to the country 
and its free institutions. 

3. That as slavery was the cause, and now 
constitutes the strength of this rebellion, and as 
it must be always and everywhere hostile to the 
principles of republican government, justice and 
the national safety demand its utter and com- 
plete extirpation from the soil of the republic ; 
and that while we uphold and maintain the acts 
and proclamations by which the Government, in 
its own defence, has aimed a death-blow at this 
gigantic evil, we are in favor, furthermore, of 
such an amendment to the Constitution, to be 
made by the people in conformity with its pro- 
visions, as shall terminate and forever prohibit 
the existence of slavery within the limits of the 
jurisdiction of the United States. 

4. That the thanks of the American people 
are due to the soldiers and sailors of the army 
and navy, who have perilled their lives in de- 
fence of their country and in vindication of the 
honor of its flag ; that the nation owes to them 
Bome permanent recognition of their patriotism 
and their valor, acd ample and permanent pro- 
vision for those of their survivors who have re- 
ceived disabling and honorable wounds in the 
service of the country ; and that the memories of 
those who have fallen in its defence shall be held 
in grateful and everlasting remembrance. 

5. That we approve and applaud the practical 
wisdom, the unselfish patriotism, and the un- 
swerving fidelity to the Constitution and the prin- 
ciples of American liberty, with which Abraham 
Lincoln has discharged, under circumstances of 
unparalleled difficulty, the great duties and res- 
ponsibilities of the presidential office; that we 
approve and endorse, as demand d by the emer- 
gency and essential to the T>re=ervation of the 
nation and as within the provisions of the Con- 
stitution, the measures and acts which he has 
adopted to defend the nation against its open 
and secret foes ; that we approve especially the 
proclamation of emancipation and the employ- 
ment as Union soldiers of men heretofore held 
in slavery ; and that we liave full confidence in 
his determination to carry these and all other 
constitutional measures essential to the salvation 
of the country into full and complete effect. 

6. That we deem it essential to the general 
welfare that harmony should prevail in the na- 
tional councils, and we regard as worthy of pub- 
lic confidence and official trust those only who 
cordially endorse the principles proclaimed in 
Ihese resolutions, and which should characterize 
khe administration of the Government. 

7. That the Government owes to all men em- 



ployed in its armies, without regard to distinction 
of color, the full protection of the laws of war; 
and that any violation of these laws, or of the 
usages of civilized nations in time of war by the 
rebels now in arms, should be made the subject 
of prompt and full redress. 

8. That foreign immigration, which in the past 
has added so much to the wealth, development 
of resources and increase of power to the nation — 
the asylum of the oppressed of all nations — should 
be fostered and encouraged by a liberal and just 
policy. 

9. That we are in favor of the speedy con- 
struction of the railroad to the Pacific coast. 

10. That the national faith, pledged for tlie 
redemption of the public debt, mustbe kept in- 
violate, and that for this purpose we recommend 
economy and rigid responsiiiility in the public 
expenditures, and a vigorous and just system of 
taxation ; and that it is the duty of every loyal 
State to sustain the credit and promote llie use 
of the national currency. 

11. That we approve the position taken by 
the Government that the people of the United 
States can never regard with indifference the 
attempt of any European power to overthrow 
by force, or to supplant by fraud, the institutions 
of any republican government on the western 
continent; and that they will view with extreme 
jealousy, as menacing to the peace and inde- 
pendence of their own country, tlie efforts of any 
such power to obtain new footholds for monarch- 
ical governments, sustained by foreign military 
force, in near proximity to the United States. 

Democratic, at Chicago, August. 

Resolved, That in the future, as in the past, 
we will adhere with unswerving fidelity to the 
Union under the Constitution as the only solid 
foundation of our strength, security, and hap- 
piness as a people, and as a framework of gov- 
ernment equally conducive to the welfare and 
prosperity of all the States, both northern and 
southern. 

Resolved, That this convention does explicitly 
declare, as the sense of the American people, that 
after four years of failure to restore the Union 
by the experiment of war, during which, under 
the pretence of a military necessity or war- 
power higher than the Constitution, the Consti- 
tution itself has been disregarded in every part, 
and public liberty and private right alike trod- 
den down, and the material prosperity of the 
country essentially impaired, justice, humanit3s 
liberty, and the public welfare demand tliat im- 
mediate efforts be made for a cessation of hos- 
tilities, with a view to an ultimate convention 
of the States, or other peaceable means, to the 
end that, at the earliest practicable moment, 
peace may be restored on the basis of tlie Fede- 
ral Union 6f the States. 

Resolved, That the direct interference of the 
military authorities of the United States in the 
recent elections held in Kentucky, Maryland, 
Missouri, and Delaware was a shameful violation 
of the Constitution, and a repetition of such 
acts in the approaching election will be held as 
revolutionary, and resisted with all the means 
and power under our control. 



3G4 



POLITICAL MANUAL. 



'Resolved, That the aim and object of the De- 
mocratic party is to preserve the Federal Union 
and the viglitsof tlie btates unimpaired, and they 
hereby declare that they consider that the ad- 
ministrative usurpation of extraordinary and 
dangerous powers not granted b}' the Constitu- 
tion — the subversion of the civil by military 
law in States not in insurrection ; the arbitrary 
military arrest, imprisonment, trial, and sentence 
of American citizens in States where civil law 
exists in full force ; the suppression of freedom 
of speech and of the press ; the denial of the 
right of asylum; the open and avowed disre- 
gard of State rights; the employment of un- 
usual test-oaths; and the interference with and 
denial of the right of the people to bear arms in 
their defence is calculated to prevent a restoration 



of the Union and ttie perpetuation of a Govern- 
ment deriving its just powers from the consent 
of the governed. 

Resolved, That the shameful disregard of the 
Administration to its duty in respect to our 
fellow-citizens who now are and long have been 
prisoners of war in a suffering condition de- 
serves the severest reprobation on the score 
alike of public policy and common humanity. 

Resolved, Thatthe.sympathy of the Democratic 
party is heartily and earnestly extended to the 
soldiery of our army and sailors of our navy , who 
are and have been in the field and on the sea 
under the flag of our country, and, in the event 
of its attaining power, they will receive all the 
care, protection, and regard that the brave sol- 
diers and sailors of the republic so nobly earned. 



NATIONAL PLATFORMS OF 1868, 

THE LETTERS OF ACCEPTANCE OF CANDIDATES, AND SUNDRY PROCEEDINGS OF 

THE CONVENTIONS. 



Bepublican, at Chicago, May.* 

The National Republican party of the United 
States, assembled in National Convention in the 
city of Chicago, on the 21st day of May, 186^ 
make the following declaration of principles: 

1. We congratulate the country on the assured 
success of the reconstruction policy of Congress, 
as evinced by the adoption, in the majority of 
the States lately in rebellion, of constitutions 
securing equal civil and political rights to all; 
and it is the duty of the Government to sustain 
those institutions and to prevent the people of 
such States from being remitted to a state of an- 
archy. 

2. The guaranty by Congress of equal suffrage 
to all loyal men at the South was demanded by 
every consideration of public safety, of grati- 
tude, and of justice, and must be maintained ; 
while the question of suffrage in all the loyal 
States properly belongs to the people of those 
States. 



*Roportod from the following committee on reso- 
lutions : Alabama— D. C. Humphreys. Arkansas— &. B. 
Morse. Colorado — G. M. Chiioott. Connecticut — J. M. 
Wo'iihvanl. Delaware— C. S. Layton. Florida— R. G. 
Ilodei-. Georf/ia — II. H. Mr-Coy. Illinois — Herman 
Raster. Indiana— llic.haid W. Thompson. lowa—G. 
IM.Dodirc. Kaiif,as — B. F.Simpson. Kcntuckt/ — Charles 
Kiriiiton. Louisiana— Vfillium 11. Fish. Maine — Eu- 
jriii« Hall. Maryland — Massachusetts — F. W. Bird. 
Michigan— n. II. Bocchcr. Minnesota— li. U. McClel- 
land. Mississippi — .\. It. IIowc. Missouri — Robert T. 
Van riorn. Kcbnu^kn — R. W. Furniss. Nevada — C. E. 
\)c I. on;.'. New Hampshire — J. F. Briges. New Jersci/ — 
John lUivid.son. iV'cto }'orA;—Charlc.<! Andrews. North 
Carolina — Jj. G. Estt:.-. Ohio — J.C.Leo. Oregon — H. R. 
Kinoaid. Penns'ilvania — Sairinel E. Dimniick. Rhode 
lilan/J — R. Cr. llnznv(]. South Carolina— h. <). Duncan. 
Tcnr.tj'.sc.e — W. (i. I'.IIiott. Texas — (j;corp<! W. Paschal. 
Vermont— W. H. Johnson. Virginia— Ij. Bill. U'ctt 
Virgihia — R. S. Brown. Wisconsin — H. RuViloo. 

Tlio fhirtocnth and fourtocnth were added to the 
committee's resolutions on motiot: of General Carl 
6chui'z. 



3. We denounce all forms of repudiation as a 
national crime ; and the national honor requires 
the payment of the public indebtedness in the 
uttermost good faith to all creditors at home and 
abroad, not only according to the letter, but the 
spirit of the laws under which it was contracted. 

4. It is due to the labor of the nation that 
taxation should be equalized, and reduced as 
rapidly as the national faith will permit. 

5. The national debt, contracted as it has 
been for the preservation of the Union for all 
time to come, should be extended over a fair 
period for redemption ; and it is the duty of 
Congress to reduce the rate of interest thereon, 
whenever it can be honestly done. 

6. That the best policy to diminish our burden 
of debt is to so improve our credit that capital- 
ists will seek to loan us money at lower rates of 
interest than we now pay, and must continue to 
pay so long as repudiation, partial or total, 
open or covert, is threatened or suspected. 

7. The Government of the United States should 
be administered with the strictest economy ; and 
the corruptions which have been so shamefully 
nursed and fostered by Andrew Jolmson call 
loudly for radical reform. 

8. We profoundly deplore the untimely and 
tragic death of Abraham Lincoln, and regret the 
accession to tlie Presidency of Andrew .Johnson, 
who has acted treacherously to the people who 
elected him and the cause he w.as pledged to 
support; who lias usurped high legislative and 
judicial functions; who has refused to execute 
tlie laws; who has used his high office to induce 
otiier officers to ignore and violate the laws; 
who has employed his executive powers to ren- 
der insecure the property, the peace, liberty and 
life, of the citizen; who has abused the pardon- 
ing power ; who has denounced the nation*! 



POLITICAL PLATFORxMS. 



365 



logiolature as unconstitutional : who lias per- 
eistently and corruptly resisted, by every means 
ia his power, every proper attempt at the re- 
construction of the Slates lately in rebellion ; 
who has perverted the public patronage into an 
engine of wholesale corruption ; and who has 
been justly impeached for high crimes and mis- 
demeanors, and properly pronounced guilty 
thereof by the vote of thirty-five Senators. 

9. The doctrine of Great Britain and other Eu- 
ropean powers, that because a man is once a 
subject he is ahvays so, must be resisted at every 
hazard by the United States, as a relic of feudal 
times, not authorized by the laws of nations, 
and at war with our national honor and inde 
pendence. Naturalized citizens are entitled to 
protection in all their rights of citizenship, as 
though they were native-born; and no citizen 
of the United States, native or naturalized, 
must be liable to arrest and imprisonment by 
any foreign power for acts done or words spoken 
in this country ; and, if so arrested and impris- 
oned, it is the'duty of the Government to inter- 
fere in his behalf. 

10. Of all who were faithful in the trials of 
the late war, there were none entitled to more 
especial honor than the brave soldiers and sea- 
men who endured the hardships of campaign 
and cruise, and imperilled tiieir lives in the ser- 
vice of the country; the bounties and pensions 
provided by the laws for these brave defenders 
of the nation are obligations never to be for- 
gotten; the widows and orphans of the gallant 
dead are the wards of the people — a sacred 
legacy bequeathed to the nation's protecting 
eare. 

11. Foreign immigration, which in the past 
has added so much to the wealth, develofimont, 
and resources, and increase of power to this re-' 
public, the asylum of tlie oppressed of all na- 
tions, sliould be fostered and encouraged by a 
liberal and just policy. 

12. This convention declares itself in sym- 
pathy with all oppressed peoples struggling for 
their rights. 

13. That we highly commend the spirit of 
magnanimity and forbearance with which men 
wlio have served in the rebellion, but who now 
frankly and honestly cooperate with us in re- 
storing tlie peace of the country and reconstruct- 
ing the southern State governments upon the 
basis of impartial justice and equal rights, are 
received back into the communion of the loyal 
people ; and we favor the removal of the dis- 
qualifications and restrictions imposed upon the 
late rebels in the same measure as the spirit of 
disloyalty will die out, and as may be consistent 
with the safety of the loyal people. 

14. That we recognize the great principles laid 
down in the immortal Declaration of Independ- 
ence, as the true foundation of democratic gov- 
ernment ; and we hail with gladness every effort 
toward making these principles a living reality 
on every inch of American soil. 

Soldiers and Sailors' National Convention, at 
Chicago, May. 

1. Resolved, That the soldiers and sailors, stead- 
fast now as ever to the Union and the flag, and 
fully recognizing the claims of General Ulysses S. 



Grant to the confidence of the American peojle, 
and believing that its victories under his guidance 
in war will be illustrated by him in peace by 
such measures as shall secure the fruits of our 
exertions and the restoration of tlie Union upon 
a loyal basis, we declare it as our deliberate con- 
viction that he is the choice of the soldiers and 
sailors of the Union for the office of President of 
the United States. 

2. That in the maintenance of those principles 
which underlie our Government, and for which 
we fought during four years, we pledge our 
earnest and active support to the Kepublicau 
party as the only political organization which, 
in our judgment, is true to the principles of loy- 
alty and equality before the law. 

3. That speaking for ourselves and the soldiers 
and sailors wlio imperilled their lives to preserve 
the Union, we believe that the impeachment of 
Andrew Johnson by the House of Representa- 
tives, for higli crimes and misdemeanors in office, 
and his trial before the United States Senate, 
have presented unmistakable proofs of his guilt, 
and that whatever may be the judgment of the 
tribunal before which he is arraigned, the verdict 
of guilty has been rendered by the people, and 
we regard any Senator who has voted for acquit- 
tal a*? falling short of the proper discharge of 
his duty in this hour of the nation's trial, and 
as unworthy of the confidence of a brave and 
loyal people. 

4. That the soldiers and sailors recognize no 
difference between native and adopted citizens, 
and they demand that the Government shall 
protect naturalized citizens abroad as well as 
those of native birlh. 

LETTEES OF ACCEPTANCE OF THE REPUB- 
LICAN NOMINEES. 

General Grant's Letter. 

Washington, D. C, May 29, 1868. 
General Joseph R. Hawley, 

President Nat. Union Republican Convention : 

In formally accepting the nomination of the 
National Union Republican Convention of tlie 
21st of May instant, it seems proper that some 
statement of views beyond the mere acceptance 
of the nomination should be expressed. 

The proceedings of theconventionweremarked 
with wisdom, moderation, and patriotism, and I 
believe express the feelings of the great mass of 
those who sustained the country through its 
recent trials. I endorse their resolutions. If 
elected to the office of President of the United 
States, it will be my endeavor to administer all 
the laws in good faith, with economy, and with 
the view of giving peace, quiet, and protection 
everywhere. In times like the present it is im- 
possible, or at least eminently improper, to lay 
down a policy to be adhered to, right or wrong, 
through an administration of four years. New 
political issues, not foreseen, are constantly 
arising ; the views of the public on old ones are 
constantly changing, and a purely administra- 
tive officer should always be left free to execute 
the will of the people. I always have respected 
that will and always shall. 

Peace and universal prosperity, its sequence, 
with economy of administration, will lighten the 



366 



POLITICAL MANUAL. 



burden of taxation, while it constantly reduces 
the national debt. Let us have peace. 

With great respect, your obedient servant, 
U. S. Grant. 

Mr. Colfax's Letter. 

Washington, May 30, 1868. 
Hon. J. R. Hawley, 

President Nat. Union Republican Convention. 

Dear Sir : The platform adopted by the pa- 
triotic convention over which you presided, and 
the resolutions which so happily supplement it, 
so entirely agree with my views as to a just 
national p'olicy, that my thanks are due to the 
delegates, as rnuch for this clear and auspicious 
declaration of principles as for the nomination 
witii wliich I have been honored, and which I 
gra.tefully accept. 

When a great rebellion, which imperilled the 
national existence, was at last overthrown, the 
dtuv of all others devolving on those intrusted 
with the responsibilities of legislation evidently 
was to require that the revolted States should be 
readmitted to participation in the Government 
against which they had warred only on such a 
basis as to increase and fortify, not to weaken 
or endanger, the strength of the nation. 

Certainly no one ought to have claimed that 
they sliould be readmitted under such rules that 
their organization as States could ever again be 
used, as at the opening of the war, to defy the 
national authority, or to destroy the national 
unity. This principle has been the pole star of 
those who have inflexibly insisted on the con- 
gressional policy your convention so cordially 
endorsed. Baffled by executive o[ipoaition, and 
by persistent refusals to accept any plan of re- 
construction proffered by Congress, justice and 
public safety at last combined to teach us that 
only by an enlargement of suffrage in those 
States could the desired end be attained, and 
that it was even more safe to give the ballot to 
those who loved tlie Union than to those who had 
sought ineffectually to destroy it. The assured 
success of tliis legislation is being written on 
the adamant of history, and will be our trium- 
phant vindication. More clearly, too, than ever 
before does the nation now recognize that the 
greatest glory of a republic is, that it throws the 
shield of Its protection over the humblest and 
the weakest of its people, and vindicates the 
rights of the poor and thejiowerless as faithfully 
Bss'thf^se of the rich and tiie powerful. 

I rejoice, too, in this convention, to find in 
your platform llie frank and fearless avowal 
tliat tlie naturalized citizens must be protected 
abroad, "at every liazard, !is ihougli they were 
native-born " (iur whole people are foreigners 
or descendants of foreigners. Our fathers estab- 
lished by arms tlieir right to be called a nation. 
ft remains for us to establish the right to wel- 
come to our sliores all who are willing by oatlis 
of allegiance to becoiiie American citizens. Per- 
petual' allegiance, as claimed abroad, is only 
anotiier name for perpetual bondage, and would 
make all slaves to the soil where first they saw 
the light. Our national cemeteries prove how 
faii.hfiilly these oatlis of fidelity to tlieir adopted 
land have been sealed in the life blood of thous- 
ands upon thousands. Should we not then be 
faithless to the dead if we did not protect their 



living brethren in the enjoyment of that nation- 
ality, for which, side by side with the native- 
born, our soldiers of foreign birth laid down 
their lives. 

It was fitting, too, that the representatives of 
a party which had proved so true to national 
dut}' in time of war should speak so clearly in 
time of peace for the maintenance untarnished 
of national honor, national credit, and good 
faith as regards its debt, the cost of our national 
existence. 

I do not need to extend this reply by further 
comment on a platform which has elicite'l such 
liearty approval throughout the land. The debt 
of gratitude it acknowledges to the brave men 
who saved the Union from destruction — the 
frank approval of amnesty based on repentance 
and loyalty — the demand for the most thorough 
economy and honesty in the Government — the 
sympathy of tlie party of liberty with all 
throughout the world who long for the liberty 
we here enjo}' — and the recognition of the sub- 
lime principles of the Declaration of Indepen- 
dence, are worthy of the organization on whose 
lianners they are to be written m the coming 
contest. 

Its past record cannot be blotted out or for- 
gotten. If there had been no Republican party, 
slaverv would to-day cast its baleful shadow 
over the republic. If there had been no Repub- 
lican j)arty, a free press and free speech would 
be as unknown from the Potomac to tin- Rio 
Grande as ten years .ago. If the Republican 
party could have been stricken from existence 
when the banner of rebellion was unfurled, and 
when the response of "no coercion" was heard 
at the North, we would have had no naiion to- 
day. But for the Republican party daring to 
risk the odium of tax and draft laws, our flag 
could not have been kept flying on ih.e field till 
the long-looked-for victory came. Without a 
Republican party, the civil rights bill, the guar- 
antee of equality under the law to the humble and 
the defenceless as well as to the strong, would 
not be to-day upon our national statute-book. 

With such inspirations from the past, and 
following the example of the founders of the 
republic, wiio called the victorious general of 
the Revolution to j)re?ide over the land his tri- 
umplis had saved from its enemies, I cannot 
doubt that our labors will be crowned with suc- 
cess. And it will be a success that will bring 
restored hope, confidence, prosperity and pro- 
gress. South' as well as North, West as well as 
East, and above all. the blessings under Provi- 
dence of national concord and peace. 

Very truly, yours, ScnuYLEii Coli'ax. 

The nomination of General Grant was made on 
the first ballot. That of Mr. Colfax occurred on 
the fifth ballot, as follows: 

Ut. 2d. 3d. 4 th. 5th. 

ScliuvlerColfax, of Indiana. 115 145 l(i5 ISii 641 

HiMij.'F. Wade, of Ohio 147 170 178 200 38 

Kcnl.en K. Fenton. of N. Y. 12G 144 l.'iO 144 69 

Iliiii-y Wilson, (if Mass 119 114 101 87 

Andrew G. Curtin. of Pa 51 45 40 - - 

IIiinnilmlH.amlin. of Maine. 28 30 25 2.'5 

Jumcs Speed, of Kentucky. 22 - - - - 

.lames H-irlan. of Iowa IG » - - - 

.JohnA..I.Cre.swoIl,of Md.... H - - - - 

William D.Kelloy. of Pa 4 - - - - 

Samuel C. Pomcroy, of Kas.. 6 - - - - 



POLITICAL TLATFOEMS. 



3G7 



■Domocratic, at New York, July.* 

The Democratic Party, in National Convention 
assembled, reposing its irust in the intelligence, 
patriotism, and discriminating justice of the peo- 
ple, standing upon the Constitution as the foun- 
dation and limitation of the powers of the Gov- 
ernment, and the guarantee of the liberties of 
the citizen, and recognizing the questions of 
slavery and secession as having been settled, for 
all time to come, by the war or the voluntary 
action of the Southern States in constitutional 
conventions assembled, and never to be renewed 
or reagitated, do with the return of peace, de- 
mand : 

jPirsf— Immediate restoration of all the States 
to their rights in the Union under the Constitu- 
tion, and of civil government to the American 
people. 

Second — Amnestj' for all past political offences, 
and (he regulation of the elective franchise in 
the States by their citizens. 

T/tirti- Payment of the public debt of the 
United States a,s rapidly as j)racticable ; all 
moneys drawn from the people by taxation, ex- 
ce[)t so much as is requisite for the necessities 
of the Government, economically administered, 
being honestly applied to such payment, and 
where the obligations of the Government do not 
expressly state upon their face, or the law under 
which they were issued does not provide that 
they shall be paid in coin, they ought, in right 
and in justice, to be paid in the lawful money of 
the United States. 

Fourth — Equal taxation of every species of 
property according to its real value, including 
Government bonds and other public securities. 

Fifth — One currency for the Government and 
the people, the laborer and the office-holder, the 
pensioner and the soldier, the producer and the 
bondholder. 

Sixth — Economy in the administration of the 
Government; the reduction of the standing army 
and navy; the abolition of the Freedmen's Bu- 
reau and all political instrumentalities designed 
to secure negro supremacy ; simplification of the 
system, and discontinuance of inquisitorial modes 
of assessing and collecting Internal Revenue, so 
that the burden of taxation may be equalized 
and lessened ; the credit of the Government and 
the currencjf made good ; the repeal of all enact- 
ments for enrolling the State militia into national 
forces in time of peace ; and a tarifl' for revenue 

* Unanimously reported from this Committee on 
Resolutions: ^to6ama— Ctiarles C. Langdon. Arkan- 
sas — A. H. Garland. California — A. H. Rose. Connecti- 
cut — Tilton E. Doolittle. Delaware — James A. Bavard. 
Florida — Wilkerson Call. Georrjia — Henry S. Fitch. 
JlUnois — Wiliam J. Allen. Indiana — Joseph E. Mc- 
Donald. Iowa — John H. O'Neil. A'arasos— George W. 
Glick. Kentutkii — William Preston. Louisiana — James 

B. Eustis. Af(T('«c— Richard D. Rice. Marijland — 
Stevenson Archer. Massachusetts — Edward "Avery. 
Michigan — Charles E. Stuart. Minnesota — .James J. 
Green. Missi^ippi — Ethelbert Barksdale. Missouri — 
Charles Mansur. A'cftrasA-n— Charles F. Porter. Ne- 
vada — J. A. St. Clair. New Hampshire— J . M. Campbell. 
Neiv Jersei/— Jacob R. Wortendyko. New York—llenvv 

C. Jlurphy. North Carolina— Robert Strange. Ohio-^ 
William G. Gilmore. Orejroji— R. D. Fitch. Pennsi/l- 
ram'a— Franklin W. Hughes. Rhode Island — Thomas 
Sleere. South Carolina— Wade Hampton. Tennessee — 
Eiiinund Cooper. Tcjas— George W. Smith. Ver- 
mont—Charles N. Davenport. Virginia— Thomas S. 
!;( coik. West Virginia — John Davis. Wisconsin — James 
A. Mall cry 



upon foreign imports, and such equal taxation 
under the Internal Revenue laws as will afford 
incidental protection to domestic manufactures, 
and as will, without impairing the revenue, im- 
pose the least burden upon and best promote 
and encourage the great industrial interests of 
the country. 

Seventh — Reform of abuses in the administra- 
tion, th,e expulsion of corrupt men from ofBce, 
the abr6gation of useless oflSces, the restoration 
of rightful authority to, and the independence 
of, the executive and judicial departments of the 
Government, the subordination of the military 
to the civil power, to the end that the usurpations 
of Congress and the despotism of the sword may 
cease. 

Eighth — Equal rights and protection for nat- 
uralized and native-born citizens at home and 
abroad, the assertion of American nationality 
which shall command the respect of foreign 
powers, and furnish an example and encourage- 
ment to people struggling for national integrity, 
constitutional liberty, and individual rights and 
the maintenance of the rights of naturalized 
citizens against the absolute doctrine of immuta- 
ble allegiance, and the claims of foreign powera 
to punish them for alleged crime committed 
beyond their jurisdiction. 

In demanding these measures and reforms, we 
arraign the Radical party for its disregard of 
right, and the unparalleled oppression and ty- 
ranny which have marked its career. 

After the most solemn and unanimous pledge 
of both Houses of Congress to prosecute the war 
exclusively for the maintenance of the Govern- 
ment and the preservation of the Union under 
the Constitution, it has repeatedly violated that 
most sacred pledge under which alone was rallied 
that noble volunteer army which carried our 
flag to victory. Instead of restoring the Union 
it lias, so far as in its power, dissolved it, and 
subjected ten States, in time of profound peace, 
to military despotism and negro supremacy. It 
has nullified there the right of trial by jury ; it 
has abolished the habeas corpus, that most sacred 
writ of liberty ; it has overthrown the freedom 
of speech and the press; it has substituted arbi- 
trary seizures and arrests, and military trials 
and secret star-chamber inquisitions for tbe con- 
stitutional tribunals ; it has disregarded in time 
of peace the right of the people to be free from 
searches and seizures; it has entered the post 
and telegraph office.s, and even the private rooms 
of individuals, and seized their private papers and 
letters without any specific charge or notice ot 
affidavit, as required b}'' the organic law; it 
has converted the American Capitol into a bas- 
tile ; it has established a system of spies and 
official espionage to which no constitutional 
monarchy of Europe would now dare to resort; 
it has abolished the right of appeal on impor- 
tant constitutional questions to the supreme 
judicial tribunals, and threatens to curtail or 
destroy its original jurisdiction, which is irrevo- 
cably vested by the Constitution, while tho 
learned Chief Justice has been subjected to the 
most atrocious calumnies, merely because he 
would not prostitute his high office to the sup- 
port of the false and partisan charges preferred 
against the President. Its corruption and ex- 



3G8 



POLITICAL MANUAL. 



travaganco have exceeded anything known in 
history, and, by its frauds and monopolies, it 
has near!}- doubled the burden of the debt 
created b}' tlie war. It lias stripped the Presi- 
dent of his constitutional power of appoint- 
ineat, even of his own cabinet. Under its re- 
peated assaults the pillars of the Government 
are rocking on their base, and should it succeed 
in November next and inaugurate its President, 
we will meet as a subjected and conquered peo- 
ple, amid the ruins of liberty and the scattered 
fragments of the Constitution. 

And we do declare and resolve that ever since 
the people of the United States threw off all 
subjection to the British Crown the privilege and 
trust of sullVage have belonged to the several 
States, and have been granted, regulated, and 
controlled exclusively by the political power of 
each State respectively, and that any attempt by 
Congress, on any pretext whatever, to deprive 
any State of this right, or interfere with its ex- 
ercise, is a flagrant usurpation of power which 
can find no warrant in the Constitution, and, if 
sanctioned by the people, will subvert our form 
of government, and can only end in a single 
centralized and consolidated government, in 
which the separate existence of the States will 
be entirely absorbed, and an unqualified despo- 
tism be established in place of a Federal union 
of co-equal States. 

And tiiat we regard the reconstruction acts 
(so called) of Congress, as such, as usurpations 
and unconstitutional, revolutionary, and void. 
Tliat our soldiers and sailors, who carried the 
flag of our country to victory against a most 
gallant and determined foe, must ever be grate- 
fully remembered, and all the guarantees given 
in their favor must be faithfully carried into 
execution. 

That the publiclands should be distributed as 
widely as possible among the people, and should 
be disposed of either under the pre-emption of 
homestead lands, or sold in reasonable quanti- 
ties, and to none but actual occupants, at the 
minimum price established by the Government. 
When grants of the public lands may be allowed, 
necessary for the encouragement of important 
public improvements, the proceeds of the sale of 
such lands, and not the lands themselves, should 
be so applied. 

Tiiat the President of the United States, 
Andrew Johnson, in exercising the power of his 
high office- in resisting the aggressions of Con- 
gress upon the constitutional rights of the States 
and the people, is entitled to the gratitude of 
the whole American peo[)le, and in behalf of the 
Democratic party we tender him our thanks for 
his patriotic eSbrts in that regard. 

Upon this platform the Democratic party ap- 
peal to every patriot, including all the Con- 
servative element and all who desire to support 
the Constitution and restore the Union, forget 
ting all past differences of opinion, to unite with 
us in the present great struggle for the liberties 
of the people; and that to all such, to what- 
ever party they may have lieretofore belonged, 
we extend the right hand of fellowship, and 
hail all such co-operating with us as friends and 
brethren. 

Resolved, That this convention sympathize 



cordially witli the workingmen of the United 
States in their efforts to protect the rights and 
interests of the laboring classes of the country. 

[Offered by Mr. Valiandigham, and adopted 
the last day of the convention.] 

Resolved, That the thanks of the convention 
are tendered to Chief Justice Salmon P. Chase, 
for the justice, dignit}', and impartiality with 
which he presided over the court of impeach- 
ment on the trial of President Andrew Johnson. 

[This last was offered by Mr. Kernan, of New 
York, after the nominations and immediately 
before the final adjournment, and was carried 
by acclamation.] 

Soldiers and Sailors, at New York, July. 

Whereas a mutual interchange of views be- 
tween members of this Convention and delegates 
to the Democratic National Convention, has 
fully confirmed us in our previously entertained 
opinion of the purity and patriotism of that 
body, and fully justifies the belief that in the 
selection of candidates and in the construction 
of a platform the Convention will be governed 
b}' the spirit of the address adopted by this 
body on the 6th inst. ; therefore, relying upon 
this belief, 

Resolved, That we will support its nominees 
for President and Vice President of the United 
States, and that on our return home we will 
induce our late comrades in arms to unite with 
us in yielding to them a united support. 

[Reported from the Committee on Resolutions 
and adopted — yeas 287, nays 7.] 

Resolved, That the declaration of principles 
adopted by the Democratic National Convention 
be and the same is hereby ratified and approved, 
and that the secretary communicate to that 
Convention a copy of this resolution forthwith. 

Resolved, That the President of the Conven- 
tion appoint a committee of five to wait upon 
General George B. McClellan, and assure him 
that although we are called upon by duty to 
support the nominee for the Presidency of the 
National Democratic party now in Convention, 
our confidence in him is unimpaired, and that 
our love for him is as ardent as ever, and that 
the highest honor that this Convention could 
confer upon him would but poorlj' express our 
esteem for him. Also, that the said committee 
be requested to ask him to come and assist us 
with all his ability during the coming campaign. 

Resolved, That the thanks of this Convention, 
and of all patriotic and right-minded citizens, 
are due to the President of the United States for 
the removal of E. M. Stanton from tlie War De- 
partment of tlie Government, a position which 
the said Stanton has disgraced and dishonored 
ever since iiis appointment to that oflSce, by his 
many acts of cruelty — both to the Union and 
Confederate soldiers — and by his official acts of 
tyranny; and that the soldiers and sailors should, 
on all occasions, meet him witli the same feelings 
of outraged dignity and patriotism that lie was 
received with, on an ever-memorable occasion, 
in the city of Washington, from that great and 
glorious soldier — General William Tecumseh 
Sherman. 

[The last three resolutions were offered in the 
Convention, and adopted unanimously, under a 



POLITICAL PLATFORMS. 



sm 



suspension oi the rule requiring the reference of 
all resolutions to the committee on resolutions.] 

Pending the resolutions reported from the 
committee above, General Thomas Ewing, jr., 
01 Kansas, offered this resolution : 

Resolved, That the faith of the republic to its 
creditors, as pledged in its laws, is inviolable, 
and the public burdens should be lightened by 
vigilant economy in expenditures, and never by 
repudiation ; that all the bonds of the United 
States issued after the passage of the legal ten- 
der act, and not by law expressly payable in 
coin, should be paid when redeemable in legal- 
tender notes, but without undue inflation of the 
currency, or at the option of the holders, con- 
verted into bonds bearing a low rate of interest ; 
that the national bank currency should be re- 
tired and its place supplied by legal tenders, so 
as to save to the Government interest upon the 
amount of that circulation, and that the policy 
of permitting banks to supply nearly half of the 
national currency — allowing the five-twenty 
bonds, bearing, as they do, interest at the rate 
of nearly nine per cent, per annum, to run be- 
j'ond the date when they become redeemable, 
and of contracting the currency until it shall 
rise to the value of gold, is a policy which favors 
the few against the many, is oppressive to the 
laboring and the debtor classes, and tends to 
bring upon the country the dishonor of repu- 
diation. 

[He moved for the suspension of the rule re- 
quiring reference to the committee, which was 
lost — yeas 78, nays 197 ; and the resolution was 
accordingly referred, and not again considered.] 

General Blair's Letter. 

Omaha, Nebraska, July 13, 1868. 
General George W. Morgan, Chairman Com- 
mittee National Democratic Convention. 
General: I take the earliest opportunity of 
replj'ing to your letter, notifying me of my 
nomination for Vice President of the United 
States by the National Democratic Convention, 
recently held in the city of New York. 

I accept without hesitation the nomination 
tendered in a manner so gratifying, and give 
you and the committee my thanks for the very 
kind and complimentary language in which you 
have conveyed to me the decision of the con- 
vention. 

I have carefully read the resolutions adopted 
by the conventioa, and most cordially concur in 
every principle and sentiment they announce. 
My opinion upon all of the questions which 
discriminate the great contending parti-es have 
been freely expressed on all suitable occasions, 
and I do not deem it necessary at this time to 
reiterate them. 

The issues upon which the contest turns are 
clear, and cannot be obscured or distorted by the 
Bophistries of our adversaries. They all resolve 
themselves into the old and ever-renewing 
struggle of a few men to absorb the political 
power of the nation. This effort, under every 
conceivable name and disguise, has always char- 
acterized the opponents of the Democratic party, 
but at no time has the attempt assumed a shape 
so open and daring as in this contest. The ad- 
versaries of free and constitutional government, 



in defiance of the express language of the Con- 
stitution, have erected a military de9potii?m in 
ten of tbe States of the Union, have taken from 
the President the powers vested in him by tlie 
supreme law, and have deprived the Supreme 
Court of its jurisdiction. The right of trial by 
jury, and the .great writ of right, the habeat 
corpus — shields of safety for every citizen, and 
which have descended to us from the earliest 
traditions of our ancestors, and which our revo- 
lutionary fathers sought to secure to their pos- 
terity forever in the fundamental charter of our 
liberties — have been ruthlessly trampled under 
foot by the fragment of a Congress. Whole 
States and communities of people of our own 
race have been attainted, convicted, condemned, 
and deprived of their rights as citizens, without 
presentment, or trial, or witnesses, but by con- 
gressional enactment of ex post facto laws, and 
in defiance of the constitutional prohibition de- 
nying even to a full and legal Congress the au- 
thority to pass any bill of attainder or ex post 
facto law. The same usurping authority has 
substituted as electors in place of the men of 
our own race, thus illegally attainted and dis- 
franchised, a host of ignorant negroes, who are 
supported in idleness with the public mon.ey, 
and combined together to strip the white race of 
their birthright, through the management of 
freedmen's bureaus and the emissaries of con- 
spirators in other States ; and, to complete the 
oppression, the military power of the nation has 
been placed at their disposal, in order to make 
this barbarism supreme. 

The military leader under whose prestige thia 
usurping Congress has taken refuge since the 
condemnation of their schemes by the free peo- 
ple of the North in the elections of the last 
year, and whom they have selected as their can- 
didate to shield themselves from the result of 
their own wickedness and crime, has announced 
his acceptance of the nomination, and his will- 
ingness to maintain their usurpations over eight 
millions of white people at the South, fixed to 
the earth with his bayonets. He exclaims: 
"Let us have peace." " Peace reigns in War- 
saw" was the announcement which heralded 
the doom of the liberties of a nation. " The 
empire is peace," exclaimed Bonaparte, when 
freedom and its defenders expired under the 
shatp edge of his sword. The peace to which 
Grant invites us is the peace of despotism and 
death. 

Those who seek to restore the Constitution by 
executing the will of the people condemning the 
reconstruction acts, already pronounced in the 
elections of last year, and which will, I am 
convinced, be still more emphatically expressed 
by the election of the Democratic candidate as 
the President of the United States, are de- 
nounced as revolutionists by the partisans of 
this vindictive Congress. Negro sufi'rage. which 
the popular vote of New York, New Jersey, 
Pennsylvania, Ohio, Michigan, Connecticut, and 
other States have condemned as expressly 
against the letter of the Constitution, must 
stand, because their Senators and Pwepresenta- 
tives have willed it. If the people shall again 
condemn these atrocious measures by the elec- 
tion of the Democratic candidate for .^resident, 



870 



POLITICAL MANUAL. 



they must not be disturbed, although decided to 
be unconstitutional by the Supreme Court, and 
although the President is sworn to maintain and 
support the Constitution. The will of a frac- 
tion of a Congress, reinforced with its partisan 
emissaries sent to the South and supported there 
by the soldiery, must stand against the will of 
the people and the decision of the Supreme 
Court, and the solemn oath of the President to 
maintain and support the Constitution. 

It is revolutionary to execute the will of the 
people ! It is revolutionary to execute the 
)udgment of the Supreme Court ! It is revolu- 
tionary in the President to keep inviolate his 
oath to sustain the Constitution ! This false 
construction of the vital principle of our Gov- 
ernment is the last resort of those who would 
have their arbitrary reconstruction sway and 
supersede our time-honored institutions. The 
nation will say the Constitution must be re- 
stored, and the will of the people again prevail. 



The appeal to the peaceful ballot to attain this 
end is not war, is not revolution. They make 
war and revolution who attempt to arrest this 
quiet mode of putting aside military despotism 
and the usurpations of a fragment of & Con- 
gress, asserting absolute power over that benign 
system of regulated liberty left us by our fathers. 
This must be allowed to take its course. This 
is the only road to peace. It will come with 
the election of the Democratic candidate, and 
not with the election of that mailed warrior, 
whose bayonets are now at the throats of eight 
millions of people in the South, to compel them 
to support him as a candidate for the Presi. 
dency, and to submit to the domination of an 
alien race of semi-barbarous men. No perver- 
sion of truth or audacity of misrepresentation 
can exceed that which hails this candidate in 
arms as an angel of peace. 

I am, very respectfully, your most obedient 
servant, Feakk P. Blair. 



POLITICAL PLATFORMS. 



371' 



The nomination of Ex-Governor Seymour was made, July 9, on the 22d ballot, as follows : 



CandidoUes. 


1. 


2. 


3. 


4. 


5. 


6. 


7. 


8. 


9. 


10. 


11. 


Horatio Seymour. 


105 
65 

333-^ 
33 " 
2G 
13 
16 
13 

k 


loi 

52 

33 

2G 

!| 

123-^ 
8 
2 

k 


U9U 
34k 
45k 
33 
26 
13 

12 
11 

4k 

1 


9 

1181/i 
32 ' 

43K 
33 
26 
13 

12 
8 

2 
1 


122 
24 
46 
33 
27 
13 
7. 
15 

19k 

"i 


1221.^ 
21 
47 
33 
27 
13 
6 
12 

36 
5 


26 

7 

6 
12 

39K 


1563^ 


28 

26 

7 

6 
12 

75 


144 
34k 

26K 

7 

6 
12 

80K 

k 


1473/ 



34 

273^ 

7 

12 

J' 


1443^ 












26 




7 




James R. Doolittle 


i-^'A 


Thomas A. Hendricks 

F. P. Blair, Jr 


88 

'A 








George B. McClellan 








Franklin Pierce 








Stephen J. Field 












Candidates. 


12. 


13. 


14. 


15. 


16. 


17. 


18. 


19. 


20. 


21. 


22. 


Horatio Seymour 

George H. Pendleton 


145}^ 

30 

26 
7 

i2M 

89 

i 


13414 

4M 
48k 

26 

7 

13 
81 


130 

56 

26 
7 

13 

84M 


129M 

6k 

"7 
12 

82M 


1131^ 

"7 

12 

70^ 


703^ 

6 

137M 

"7 
12 

80 

"■^ 
"3 


50K 

10 

14434 

■33^ 
12 

87 

"3 


135K 

22 

6 
12 

1073^ 

13k 

is 
4 


1421^ 

16 
12 

121 
13 

"9 
2 


135>^ 

19 
12 

132 

> 

"s 


317 






Wintield S. Hancock 




Sanford E. Church ; 




Asa Packer 








James E. English 
















F. P. Blair, Jr 


... 


Thomas Ewing 












Franklin Pierce 




Tohn T.'Hoffman 




Stephen J. Field 




Thomas H. Seymour. 


... 



Necessary to a choice ^....212 

General Blair was nominated uaaninioasly on the first ballot. 



372 



POLITICAL MANUAL. 



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POLITICAL MANUAL. 



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?76 



POLITICAL MANUAL. 



Statement of the expenditures of the United States during the fiscal years ending 

appropriations for the fiscal year ending June 



Civil expenses , 

Foreign intercourse..., 

Ir.terior Department — 



Indian department 

Pension.-*, militory. 

naval 

Relief of sundry individuals . 



War Department — 



*Pay department 

Commissary department 

Quartermaster's department., 

Ordnance " 

Engineer's " 

Provost Marshal General 

Adjutant General , 

Secretary's otfiee, (army expenditures).. 
Relief of sundry individuals 



Deduct excess of repayment from Surgeon General's dept. 



Navy Department — 



Secretary's bureau 

Marine Corps 

Bureau of Yards and Docks 

" Equipment and Recruiting. 

" Navigation 

" Ordnance 

" Construction and Repair 

" Steam Engineering 

" Provisions and Clothing 

" Medicine and Surgery 

Relief of sundry individuals 



$205, 

7, 

49, 

9, 

2 



Interest on the public debt, including Treasury notes. 

Principal of public debt 

Miscellaneous , 



Total for year.. 



Year ending Jime 30, 1866. 



$3,242,688 04 

12,905,847 93 

2,699,504 42 

4,376 52 



,934,240 70 
,430,006 07 
856,986 39 
,932,402 63 
,651,903 37 
,779,114 77 
243,539 74 
,594,375 28 
30,009 80 



286.453,179 35 
2,003,477 53 



SlO.831 
1,492, 
4,777, 
5,103, 

351, 
3,494, 
8,675, 
6,154. 
2,244 
95. 

102, 



,260 08 
,017 83 
,808 83 
,fiCl 99 
,001 92 
,216 32 
.216 81 
,888 23 
.775 99 
,708 73 
,841 79 



$12,287,828 55 
1,338,388 18 



18,852,410 91 



284,449,701 82 



43.324,118 52 
133,007,741 69 
620,321.725 61 

27.4.30,744 81 



1,141,072,066 09 



Year ending 



$4,580,393 40 

19,016,263 21 

1,92C,288 50 

56,138 37 



t.30,700,776 06 

10,331,174 87 

35,43t*,367 31 

4,090,077 00 

3,233,414 OS 

105,658 39 

1,495,788 53 

8,514,008 23 

756,406 41 



95,206,330 88 
41,915 25 



10,545.843 51 
1,440.993 08 
3,828,198 13 
3,-577,311 08 

551,981 35 
1,921,788 99 
4,545,509 72 
2,940,065 19 
1,440,042 70 
88.099 72 

152,976 97 



* Bounties (report Secretary of War, 1866, p. 391,) 

$7,662,736 

t Of this there were paid for bounties and arrears by 
"Division of Referred Claims," as shown on p. 6, 
Report of Paymaster General, 1867.. ..$12,700,000 00 

X Includes /orei^n and tniscellanto/ut. 



General and staff officers $1,329,805 50 

Signal corps 2,580 00 

Engineers 358,327 50 

Ordnance 502,113 50 

Cavalry 3,084,738 00 

Artillery 2,233,622 50 

Infantry 12,970,063 50 

Scouts and bands ^ 300,640 CO 



EXPENDITURES AND APPROPRIATIONS. 



3T7 



June 30, 1858, June 30, 1866, 1867, and till January 1, 1868, together with the 
80, 1869,a?ic/ the estimates for the same year. 



June 30, 1867. 


1868, to Jan. 1. 


Appropriated for year end- 
ing June 30, 1869. 


^Estimates for year ending 
June 30, 1869. 


IfExpenditures for year 
ending June 30, 1858. 


$15,585,489 55 
1,548,589 26 


JS27,191,353 54 




Sl8,357,.549 69 
228,411,634 00 




$23,891,292 03 
1,423,454 00 




47 05'^ 196 75 








1,391,407 91 




83,989,163 45 

30,000,000 00 

350,000 00 


$3,240,152 86 

30,000,000 00 

330,000 00 


$4,812,815 09 

1,075,8:;7 14 

143.246 17 

20,224 98 


























25,579,083 48 


13,875,648 60 




34,339,163 45 




33,570,152 86 


6,051,923 38 


17,792,120 00 

14,209,000 00 

381,080 00 

1,800,000 00 


122,600,775 00 

28,280,066 20 

1,533.084 00 

10,528,769 88 


*17,455,97C 85 

1,443.235 74 
5.-540,270 26 
tt411,844 20 

ttl64,301 31 
469,748 24 












































100,000 00 
376,805 00 




300,000 00 
193,305 GO 
























95,224,415 63 


61,910,551 13 




34,749,605 00 




63,436,000 08 


25,485,383 60 


8,000,000 00 
482,000 00 

1,493,000 00 

1,208,000 00 
413,250 00 
279,500 00 

3,039,000 00 
074,000 00 

1,020,000 00 
90,000 00 


10,760,500 00 
1,614,978 05 

11,512,412 25 
3,536,000 00 
650,999 40 
2,370,135 75 
8.707,120 00 
4,448,800 00 
3,451,603 50 
204,575 00 


5,665,315 34 
587,242 25 
1,982,923 62 
11113,391.646 29 
43,731 22 
202,849 14 
841,323 37 
885,322 20 

71. .340 70 
301,300 46 


































































































13.976,000 5a 


31,034,011 04 
143,781,591 91 
740,350,525 94 

33,975,948 46 


13,151,158 92 
71,145.554 03 
388,470,185 66 




17,365,350 00 
103,961,958 50 




47,317,183 95 
103,901,958 50 
25,710,120 00 
12,545,054 00 







1,567,055 67 

8,417,482 32 

17,937,217 54 










10,289,606 76 
















575,744,451 88 


227,474,207 40 


311,861,815 42 


81,585,607 16 









? Besides these specifle estimates, the Secretary of 
the Treasury stated that there may be required — 

For bounties, under act of July, 1866 $25,500,000 00 

For miscellaneous 9,909,000 00 

ToUl $35,469,000 00 



% In gold. 

** Includes heads of Pay, Commissary, and Quarter- 
master's departments, 
ft Miscellaneous, 
it West Point. 

11 Includes heads of repair and ordnance. 
22 $7,200,000 00 of this are for the purchase of Alaska. 



ADDENDA. 



A Bill relating to the Freedmen's Bureau and 
Providing for its Discontinuance. 

Be it enacted, &c., That the duties and powers 
of eommissioner of the bureau for the relief of 
freedmen and refugees shall continue to be dis- 
charged by the present commissioner of the bu- 
reau, and in case of a vacancy in said office 
occurring by reason of his death or resignation, 
the same shall be filled by appointment of the 
President on the nomination of the Secretary of 
War, and with the advice and consent of the 
Senate ; and no officer of the army shall be de- 
tailed for service as commissioner, or shall enter 
upon the duties of commissioner, unless appointed 
by and with the advice and consent of the 
Senate; and all assistant commissioners, agents, 
clerks, and assistants shall be appointed by the 
Secretary of War, on the nomination of the com- 
missioner of the bureau. In case of vacancy in 
the office of commissioner happening during the 
recess of the Senate, the duties of the commis- 
sioner shall be discharged by the acting assistant 
adjutant general of the bureau until such va- 
cancy can be filled. 

Sec. 2. That the commissioner of the bureau 
shall, on the 1st day of January next, cause 
the said bureau to be withdrawn from the several 
States within which said bureau has acted, and 
its operations shall be discontinued. But the 
educational department of the said bureau, 
and the collection and payment of moneys 
due to soldiers, sailors, and marines, or their 
heirs, shall be continued, as now provided by 
law, until otherwise ordered by act of Congress : 
Provided, however, That the provisions of this 
section shall not apply to any State which shall 
not, on the 1st of Januaiy next, be restored to 
its former political relations with the Govern- 
ment of the United States, and be entitled to 
representation in Congress. 

Passed both Houses. 

Joint Eesolution excluding from the Electoral 
College Votes of States la'ely in Rebellion 
which shall not have been Reorganized. 

Resolved, &c., That none of the States whose 
inhabitants were lately in rebellion shall be 
entitled to representation in the electoral col- 
lege for the choice of President or Vice Presi- 
dent of the United States, nor shall any electoral 
votes be received or counted from any of such 
States, unless at the time prescribed by law 
for the choice of electors the people of sucii 
State, pursuant to the acts of Congress in that 
behalf, shall have, since the 4th day of March, 
1807, adopted a constitution of State govern- 
ment, under which aState government shall have 
been organized and shall be in operation ; nor 
unless such election of electors shall have been 
held under the authority of such constitution 
and government, and such State shall have also 



become entitled to representation in Congress 
pursuant to the acts of Congress in that belialf : 
Provided, That nothing herein contained shall be 
construed to apply to any State which was repre« 
sented in Congress on the 4th day of March, 1SG7. 

July 20 — The Pkesident sent a veto, of which 
these are the most important paragraphs : 

" The mode and manner of receiving and count- 
ing the electoral votes for President and Vice 
President of the United States are in plain and 
fimi)le terms prescribed by the Constitution. 
That instrument imperatively requires that the 
President of the Senate " shall, in the presence 
of the Senate and Hou3e of P\,epresentatives, 
open all the certificates, and the votes shall then 
be counted." Congress has, therefore, no power, 
under the Constitution, to receive the electoral 
votes or reject them. The whole power is ex- 
hausted when, in the presence of the two Houses, 
the votes are counted and the result declared 
In this res[)ect the power and duty of the Pre- 
sident of the Senate are, under the Constitution 
purely ministerial. When, therefore, the joint 
resolution declares that no electoral votes shall 
be received or counted from States that, siuca 
the 4th of March, 1867, have not "adopted a 
constitution or State government under which 
a State government shall have been organized," 
a power is assumed which is nowhere delegated 
to Congress, unless upon the assumption that 
the State governments organized prior to the 4th 
of March, 1867, were illegal and void. 

"The joint resolution, by implication at least, 
concedes that these States were States by virtue 
of their organization, prior to the 4th of March, 
1867, but denies to them the right to vote in the 
election of President and Vice President of the 
United States. It follows either that this as- 
sumption of power is wholly unauthorized by 
the Constitution, or that the States so excluded 
from voting were out of the Union by reason oi 
the rebellion, and have never been legitimately 
restored. Being fully satisfied that they were 
never out of the Union, and that their relations 
thereto have been legally and constitutionaliy 
restored, I am forced to the conclusion that the 
joint resolution which deprives them of the riglii 
to have their vote for President aud Vice Pre- 
sident received and counted is in conflict with 
the Constitution, and that Congress has no 
more power to reject their votes than those ol 
the States which have been uniformly loyal to 
the Federal Union. 

" It is worthy of remark that if the States 
whose inliabitants were recently in rebellion 
were legally and constitutionally organized and 
restored to their rights prior to the 4th of March, 
1867, as I am satisfied they were, the only legiti- 
mate authority under which the election for 
President and Vice President can beheld tliere- 
in must be derived from the governments insti- 
tuted before that period. 

118 



FOURTEENTH AMENDMENT. 



379 



" It clearly follows that all the State govern- 
ments organized in those States under acts 
of Congress for that purpose, and under military 
control, are illegitimate and of no validity what- 
ever; and, in that view, the votes cast in those 
States for President and Vice President, in pur- 
suance of acts passed since the 4th of March, 
1S67, and in obedience to the so-called recon- 
struction acts of Congress, cannot be legally re- 
ceived and counted; while the only votes in 
those States that can be legally cast and counted 
will be those cast in pursuance of the laws in 
force in the several States prior to the legislation 
by Congress upon the subject of reconstruction." 

Same day — The bill re-passed the Senate — 
yeas 45, nays 8, as follow : 

Yeas— Jlessrs. Abbott, Anthony, Cameron, Cattell, 
Chandler, Cole, Coukling, Conness, Corbett, Cragin, 
Drake, Edmunds, Ferry, Fessenden, Frelinghuvi^en, 
Harlan, Harris, Henderson, Howard, Howe, Kellogg, 
McDonald. Morgan, Morrill of Maine, Blorrill of Ver- 
mont, Morton, Nye, Osborn, Patterson of New Hamp- 
shire, Pomeroy, Rice, Ross, Sherman, Sprague, Stew- 
art, Sumner, Tipton, Trumbull, Van Winkle, Wade, 
Welch, Willey, Williams, Wilson, Yates— 45. 

Nays — ]Messrs. Buckalcio, Davis, Doolittle, Hendricks, 
McCreery, Patterson of Tennessee, Vickers, Whyte — S. 

Same day — It passed the House — yeas 134, 
uaj's 36 ; and the Speaker proclaimed it to be a 
law. The nays were — 

Messrs. Adams, Archer, Axtell, Barnes, Beck, Boyden, 
Boyer, Brooks, Carp, Eldridge, Fox, Getz, Glossbrenncr, 
Golladay, Grover, Hairjht. Holman, Hotchkiss, Johnson, 
Thomas L. Jones, Kerr, Knott, Marshall, McCuUoitgh, 
Nihlack, Nicholson, Phelps, Randall, Boss, Sitgreaves, 
Stone, Taber, Lawrence iS. Trimble, Van Auken, Wood, 
Woodward — 36. 

Proclamation of President Johnson respecting 
the Ratification of the XlVth Amendment by 
Florida and North Carolina, July 11, 1868. 

Whereas by an act of Congress, entitled "An 
act to admit the States of North Carolina, South 
Carolina, Louisiana, Georgia, Alabama, and 
Florida to representation in Congress," passed 
on the 25th of June, 1868, it is declared that it 
is made the duty of the President within ten 
day.s after receiving official information of the 
ratification by the legislature of either of said 
States of a proposed amendment to the Consti- 
tution known as article XIV, to issue a procla- 
mation announcing that fact; 

And whereas the said act seems to be pro- 
spective; 

And whereas a paper, purporting to be a reso- 
lution of the Legislature of Florida, adopting 
the amendment of the Xlllth and XlVth arti- 
cles of the Constitution of the United States, 
was received at the Department of State on tlie 
16th of June, 1868, prior to the passage of the 
act of Congress referred to, which paper is at- 
tested by the names of Horatio Jenkins, Jr., as 
president pro iem. of the Senate, and W. W. 
Moore as speaker of the Assembly, and of Wil- 
liam L. Apthoop as secretary of the Senate, and 
William Forsyth Bynum as clerk of the Assem- 
bly, and which paper was transmitted to the 
Secretary of State in a letter dated Executive 
Office, Tallahassee, Florida, June 10, 1868, from 
Harrison Reed, who therein signs himself Gov- 
ernor ; 

And whereas, on the 6th day of July, 1868, 
a paper was received by the President, which 
paper being addressed to the President, bears 



[seal. 



date of the 4th of July, 1868, and was tranii- 
mitted by and under the name of W. W. Hol- 
den, who therein writes himself Governor of 
North Carolina, which paper certifies that the 
said proposed amendment, known as ai'ticla 
XIV, did pass the Senate and House of Repre* 
sentatives of the General Assembly of North 
Carolina on the second day of July instant, and 
is attested by the names of John H. Boner or 
Bower, as secretary of tlie House of Represent- 
atives, and T. A. Byrnes, as secretary of the 
Senate, and its ratification on tlie 4th of July, 
1868, is attested by Tod R. Caldwell as Lieuten- 
ant Governor, president of Senate, and J. W. 
Holden as speaker of House of Represent- 
atives; 

Now, therefore, be it known tliat I, Andrew 
Johnson, President of the United States of 
America, in compliance with and execution of 
the act of Congress aforesaid, do issue this 
proclamation, announcing the fact of the ratifica- 
tion of the said amendment by the Legislature 
of tlie State of North Carolina, in the m-anner 
hereinbefore set forth. 

In testimony whereof I have signed these 
presents with my hand, and have caused the 
seal of the United States to be hereto affixed. 
Done at the city of Washington, this eleventh 
day of July, in the year of our Lord 
one thousand eight hundred and sixty- 
eight, and of the Independence of the 
United States of Arnej-ica the ninety- 
third. Andrew Johnson. 
By the President : 

Wm. H. Seward, 

Secretary of State. 

Certificate of Mr. Secretary Seward respecting 
the Ratification of the Fourteenth Amend- 
ment to the Constitution, July 20, 1868. 

William H. Seward, Secretary of State of the 

United States, to all to whom these presents 

may come, greeting : 

Whereas the Congress of the United States, 
on or about the sixteenth of June, in the year 
one thousand eight hundred and sixty-six, 
passed a resolution which is in the words and 
figures following, to wit : 

[For text of XlVth Amendment, see page 68 
of Manual of 1867, or 194 of the combined Man- 
ual.] 

And whereas by the second section of the act 
of Congress, approved the twentieth of April, 
one thousand eight hundred and eighteen, enti- 
tled " An act to provide for the publication of 
the laws of the United States, and for other 
purposes," it is made the duty of the Secretary 
of State forthwith to cause any amendment to 
the Constitution of the United States, which has 
been adopted according to the provisions of the 
said Constitution, to be published in the news 
papers authorized to promulgate the laws, with 
liis certifiaate specifying the Slates by which tha 
same may have been adopted, and that the same 
has become valid, to all intents and purposes, 
as a part of the Constitution of the United 
States ; 

And whereas neither the act just quoted from, 
nor any other law, expressly or by conclusive 
implication, authorizes the Setiretary of State t© 



380 



POLITICAL MANUAL. 



determine and de«ide doubtful questions as to 
the authenticity of the organization of State 
legislatures, or as to the power of any 8tate 
legislature to recall a previous act or resolution 
of ratification of any amendment proposed to 
the Constitution ; 

And whereas it appears from official docu- 
ments on file in tliis Department that the' amend- 
ment to the Constitution of the United States, 
f)roposed as aforesaid, has been ratified by tiie 
egislatures of the States of Connecticut, New 
Hampshire, Tennessee, New Jersey, Oregon, 
Vermont, New York, Ohio, Illinois, West Vir- 
ginia, Kansas, Maine, Nevada, Missouri, In- 
diana, Miinifsota, Riiode Island, Wisconsin, 
Pennsylvania, Michigan, Massachusetts, Ne- 
braska, aud Iowa; 

And whereas it further appears, from docu- 
ments on file in this Department, that the 
amendment to the Constitution of the United 
States, proposed as aforesaid, has also been rati- 
fied by newly-cocstituted and newly-established 
bodies avowing themselves to be, and acting as, 
the legislatures, respectively, of the States of 
Arkansas, Florida, North Carolina, Louisiana, 
South Carolina, aud Alabama; 

And whereas it further appears from official 
documents on file in this Department that the 
legislatures of two of the States first above 
enumerated, to wit: Ohio and New Jersey, have 
since passed resolutions respectively withdraw- 
ing the consent of each of said States to the 
aforesaid amendment; and whereas it is deemed 
a matter of doubt and uncertainty whether such 
resolutions are not irregular, invalid, and there- 
fore ineffectual for withdrawing the consent of 
the said two States, or of either of them, to the 
aforesaid amendment ; 

And wiiereas the whole number of States in 
the United Sta'',es is thirty-seven, to wit: New 
Hampshire, J/cissacliusetts, Rhode Island, Con- 
necticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, 
South Carolina, Georgia, Vermont, Kentucky, 
Tennessee, Ohio, Louisiana, Indiana, Missis- 
sippi, Illinois, Alabama, Maine, Missouri, Ar- 
kansas, Michigan, Florida, Texas, Iowa, Wis- 
consin, Minnesota, California, Oregon, Kansas, 
West Virginia, Nevada, and Nebraska; 

And whereas the twenty-three States first 
hereinbefore named, wiiose legislatures have 
ratified the said proposed amendment, and the 
SIX States next thereafter named, as having 
ratified tlie said proposed amendment by newly- 
constituted and established legislative bodies, 
togetlier constitute three-fourths of the whole 
number of States in tiie United States: 

Now, therefore, be it known, that I, William 
II. Seward, Secretary of State of the United 
States, by virtue and in pursuance of tiio second 
section of the act of Congress, approved the 
twentietli of April, eighteen hundred and 
eighteen, liereinbefore cited, do hereby certify 
tliat if tlie resolutions of the legislatures of 
Oiiio and New Jersey ratifying tlie aforesaid 
amendment are to be deemed as remaining in 
full force and effect, notwithstanding the subse- 
quent resolutions of tiie legislatures of ti:ose 
States which purport to withdraw the consent 
«f said States from such ratification, then the 



aforesaid amendment has been ratified in the 
manner hereinbefore mentioned, and so has 
become valid, to all intents and purposes, as a 
part of the Constitution of the United States. 

In testimony whereof, I have hereunto set 
my hand, and caused the seal of the Department 
of State to be aflixed. 

Done at the City of Washington this 20tn 
day of July, in the year of our Lord 
[seal.] 1868, and of the independence of the 
United States of America tlie ninety- 
third. William H. Seward, 

Secretary of State. 

Concurrent Besolution of Congress on the same 
Subject, July 21, 1868. 

Whereas the legislatures of the States of 
Connecticut, Tennessee, New Jersey, Oregon, 
Vermont, West Virginia, Kansas, Missouri, In- 
diana, Ohio, Illinois, Minnesota, New York, 
Wisconsin, Pennsylvania, Rhode Island, Michi- 
gan, Nevada, New Hampshire, Massachusetts, 
Nebraska, Maine, Iowa, Arkansas, Florida, 
North Carolina, Alabama, South Carolina, and 
Louisiana, being three-fourths and more of the 
several States of the Union, have ratified the 
fourteenth article of amendment to the Consti- 
tution of the United States, duly proposed by 
two-thirds of each House of the Thirty-Ninth 
Congress ; therefore 

Resolved hy the Senate, {the House of Repre' 
sentativcs concurring,) That said fourteenth 
article is hereby declared to be a part of the 
Constitution of the United States, and it shall 
be duly promulgated as such by the Secretary of 
State. 

July 21 — Passed the Senate without a count. 

Same day — Passed the House — the resolu- 
tion — yeas 126, nays 32; the preamble — yeas 
127, nays 35. 

Georgia has ratified it since, by a majority of 
ten in the Senate, and twenty-four in the House. 

General Blair's Letter to Colonel Brodhead. 

Washington, Jwie 30, 1868. 
Colonel James 0. Brodhead. 

Dear Colonel : In reply to your inquiries, I 
beg leave to say, that I leave to you to deter- 
mine, on consultation with my friends from Mis- 
souri, whether my name shall be presented to 
the Democratic Convention, and to submit the 
following as what I consider the real and only 
issue in this contest. 

The reconstruction policy of the Radicals will 
be complete before the next election ; tlie States 
so long excluded will have been admitted, ne- 
gro suffrage established, and the carpet-baggers 
installed in their seats in both brandies of Con- 
gress. There is no possibility of changing the 
political character of the Senate, even if the 
Democrats should elect their President and a 
majority of the popular branch of Congress We 
cannot, tiierefore, undo the Radical plan of re- 
construction by congressional action ; llie Senate 
will continue a bar to its repeal. Must we sub- 
mit to it? How can it be overthrown? It can 
only be overthrown by the authority of the Ex- 
ecutive, who is sworn to maintain the (Constitu- 
tion, and who will fail to do his duty if ho allows 



SPEECHES OF SEYMOUR AND BLAIR. 



881 



the Constitution to perish under a series of con- 
gressional enactments which are in palpable 
violation of its fundamental principles. 

If the Trosident elected by the Democracy- 
enforces or permits others to enforce these recon- 
struction acts, the Radicals, by the accession of 
twenty spurious Senators and fifty Representa- 
tives, will control both branches of Congress, 
and his administration will be as powerless as 
the present one of Mr. Johnson. 

There is but one way to restore the Govern- 
ment and the Constitution, and that is for the 
President elect to declare these acts null and 
void, compel the army to undo its usurpations at 
the South, disperse the carpetbag State govern- 
ments, allow the Vi?hite people to reorganize 
their own governments, and elect Senators and 
Representatives. The House of Representatives 
will contain a majority of Democrats from the 
North, and they will admit the Representatives 
elected by the white people of the South, and, 
with the co-operation of the President, it will not 
be difficult to compel the Senate to submit once 
more to the obligations of the Constitution. It 
will not be able to withstand the public judg- 
ment, if distinctly invoked and clearly expressed 
on this fundamental issue, and it is the sure way 
to avoid all future strife to put the issue plainly 
to the country. 

I repeat, that this is the real and only question 
whioh we should allow to control us: Shall we 
submit to the usurpations by which the Govern- 
ment has been overthrov/n ; or shall we exert 
ourselves for its full and complete restoration ? 
It is idle to talk of bonds, greenbacks, gold, the 
public faith, and the public credit. What can a 
Democratic President do in regard to any of 
these, with a Congress in both branches con- 
trolled by the carpet-baggers and their allies ? 
He will be powerless to stop the supplies by 
which idle negroes are organized into politi- 
cal clubs — by which an army is maintained to 
protect these vagabonds in their outrages upon 
the ballot. These, and things like these, eat up 
the revenues and resources of the Government 
and destroy its credits — 'make the difference be- 
tween gold and greenbacks. We must restore 
the Constitution before we can restore the 
finances, and to do this we must have a Presi- 
dent who will execute the will of the people by 
trampling into dust the usurpations of Congress 
known as the reconstruction acts. I wish to 
stand before the convention upon this issue, but 
it is one which embraces everything else that 
is of value in its large and comprehensive re- 
sults. It is the one thing that includes all that 
is worth a contest, and without it there is nothing 
that gives dignity, honor, or value to the strug- 
gle. Your friend, Feank P. Blair. 

Sp«eclies of Horatio Seymour and Francis P. 
Blair, Jr., Accepting the Nominations, July 10, 
1868. 

[From the N. Y. World, July 11, 1868.] 

speech of governor seymour. 
Mr. Chairman and Gentlemen of the Com- 
mittee: I thank you for the courteous terms in 
which yon have communicated to me the action 
of the Democratic National Convention. I have 
no words adequate to express my gratitude for 



the good-will and kindness which that body has 
sliowii to me. Its nomination was unsought, aud 
unexpected. It was my ambition to take an 
active part, from which I am now excluded, in 
the great struggle going on for the restoration 
of good government, of peace and prosperity to 
our country. But I have been caught up by 
the whelming tide that is bearing us on to a 
g'-eat political change, and I find myself unable 
to resist its pressure. You have also given to 
me a copy of the resolutions put fortli by the 
convention, showing its position upon all the 
great questions which now agitate the country. 
As the presiding ofiicer of that convention, I 
am familiar with their scope and import, and 
as one of its members, I am a party to their 
terras ; they are in accord with my views, and I 
stand upon them in the contest upon which we 
are now entering ; and I shall strive to carry 
tiiem out in future, wherever I may be placed, 
in public or private life. I congratulate you, 
and all conservative men, who seek to restore 
order, peace, prosperity, and good government 
to our land, upon the evidences everywhere 
shown that we are to triumph at the next elec- 
tion. Those who are politically opposed to us 
flattered themselves there would be discord in 
our councils; they mistook the uncertainties of 
our views as to the best methods of carrying out 
our purposes, for difference of opinion with regard 
to those purposes. They mistook an intense 
anxiety to do no act which should not be wise 
and judicious, for a spirit of discord ; but during 
the lengthened proceedings and earnest discuss- 
ions of the convention there has prevailed an 
entire harmony of intercourse, a patient forbear- 
ance, and a self-sacrificing spirit, which are the 
sure tokens of a coming victory. Accept for 
yourselves, gentlemen, my wishes for your future 
welfare and happiness. In a few days I will 
answer the communication you have just handed 
me by letter, as is the customary form. 

speech of general BLAIR. 

Mr. Chairman : I accept the platform of reso- 
lutions passed by the late Democratic Conven- 
tion, and I accept their nomination with feelings 
of profound gratitude ; and, sir, I thank you for 
the very kind manner in which you have already 
conveyed to me the decision of the Democratic 
Convention. I accept the nomination with the 
conviction that your nomination for the Presi- 
dency is one which will carry us to certain 
victory, and because I «believe that the nom- 
ination is the most proper nomination that 
could be made by the Democratic party. The 
contest which we wage is for the restoration 
of constitutional government, and it is proper 
that we should make this contest under the lead 
of one who has given his life to the maintenance 
of constitutional government. We are to make 
the contest for the restoration of those great 
principles of government which belong to our 
race. And, my fellow-citizens, it is rn-^jst proper 
that we should select for our leader a man not 
from military life, but one who has devoted 
himself to civil pursuits ; who has given himself 
to the study and the understanding of the Con- 
stitution and its maintenance with all the force 
of reason and judgment. My fellow-citizens, I 
have said that the contest before ua was one for 



382 



POLITICAL MANUAL. 



the restoration of our government; it is also one 
for the restoration of our race. It is to pre- 
vent the people of our race from being exiled 
from their homes — exiled from the govern- 
ment which they formed and created for thera- 
Belve* and for tlieir children, and to prevent 
them from being driven out of the country or 
trodden under foot by an inferior and semi- 
barbarous race. In this country we shall have 
the sympathy of every man who is worthy to 
belong to the white race. What civilized people 
on earth would refuse to associate with them- 
selves in all the rights and honors and dignity 
of their country such men as Lee and Johnston? 
What civilized country on earth would fail to 
do honor to those who, fighting for an erroneous 
cause, yet distinguished themselves by gallantry 
in that service ? In that contest, for which they 
are sought to be disfranchised and to be exiled 
from their homes — in that contest, they have 
proved themselves worthy to be our peers. My 
tellow-citizens, it is not my purpose to make any 
long address, (cries of "go on,") but simply to 
express my gratitude for the great and distin- 
guished honor which has been conferred upon 

me 

A voice. "You are worthy of it." 
General Blair and from my heart to reiter- 
ate the words of thanks that fell from my lips 
when I arose. 



The Funding Bill, July 25, 1868. 

An Act providing for payment of the national 
debt, and for tTie reduction of the rate of in- 
terest thereon. 

Be it enacted, &c., That the Secretary of the 
Treasury is hereby authorized to issue coupon or 
registered bonds of the United States, in such 
form as he may prescribe, and of denominations 
of one hundred dollars, or any multiple of that 
sum, redeemable in coin at the pleasure of the 
United States after thirty and forty years, res- 
pectively, and bearing the following rates of 
■yearly interest, payable semi-annually in coin, 
tliat is to say: The issue of bonds falling due in 



thirty years shall bear interest at four and a half 
per centum ; and bonds falling due in forty years 
shall bear interest at four per centum; which 
said bonds and the interest thereon shall be ex- 
empt from the payment of all taxes or duties to 
the United States, other than such income tax ag 
may be assessed on other incomes, as well as from 
taxation in any form by or under State, muni- 
cipal, or local authority, and the said bonds shall 
be exclusively used, par for par, for the redemp- 
tion of or in exchange for an equal amount of 
any of the present outstanding bonds of the 
United States known as the five-twenty bonds, 
and may be issued to an amount, in the aggre- 
gate, sufficient to cover the principal of all such 
five-twenty bonds, and no more. 

Sec. 2. That there is hereby appropriated out 
of the duties derived from imported goods the 
sura of one hundred and thirty-five millions of 
dollars annually, which sum, during each fiscal 
year, shaW be applied to the payment of the in- 
terest and to the reduction of the principal ol 
the public debt in such a manner as may be de- 
termined by the Secretary of the Treasury, or as 
Congress may hereafter direct ; and such reduc- 
tion shall be in lieu of the sinking fund con- 
templated by the fifth section of the act entitled 
"An act to authorize the issue of United States 
notes, and for the redemption or funding thereof, 
and for funding the floating debt of the United 
States," approved February twenty-fifth, eigh- 
teen hundred and sixty-two. 

Sec. 3. That from and after the passage of this 
act no percentage, deduction, commission, or 
compensation of any amount or kind shall be 
allowed to any person for the sale, negotiation, 
redemption or exchange of any bonds or securi- 
ties of the United States, or of any coin or bullion 
disposed of at the Treasury Department or else- 
where on account of the United States ; and all 
acts or parts of acts authorizing or permitting, 
by construction or otherwise, the Secretary of 
the Treasury to appoint any agent, other than 
some proper officer of his department, to make 
such sale, negotiation, redemption, or exchsnga 
of bonds and securities are hereby repealed. 



POLITICAL MANUAL FOR 1869. 



MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, 

AND OF THE FORTIETH COxNTiRESS, THIRD SESSION. 



PSESIDENT JOHNSON'S CABINET. 

Secretary of State — Wm. H. Sewakd, of New York. 

Secretary of the Treasury — Hugh McCulloch, of 
Indiana. 

Secretary of War — John M. Schofield, of New 
York. 

Secretary of the Navy — HI-ideon Welles, of Con- 
necticut. 

Secretary of the Interior — Orville H. Bkownikg, 
of Illinois. 

Postmaster General — Alexander W. Randall, 
of Wisconsin. 

Attorney General — Wm. M. Evaets, of New York. 

MEMBERS OF THE FOUTIETH CONGRESS. 

Third Session, December 7, 1868— March 3, 1S69 

Senate. 

Benjamin F. Wade, of Ohio, rrcsident of the 
Senate, and Acting Vice President. 

George C Gorham, of California, Secretary. 

Maine — Lot M. Morrill, William Pitt Fessenden. 

New Hampshire — Aaron H. Cragin, James W. 
Patterson. 

Vermont — George F. Edmunds. Justin S. Morrill. 

Massachusetts — Charles ISumner, Plenry Wilson. 

Rhode Island — William Sprague, Henry B. An- 
thonji-. 

C!onnec'ticict — James Dixon, Orris S. Ferry. 

New York — Edwin D. Morgan, Roscoe Conkling. 

Neiv /ersc?/— Frederick T. Frelingliuysen, Alex- 
ander G. Cattell. 

Pennsylvania — Charles R. Buckalew, Simon 
Cameron. 

Delaware — James A. Bayard, Willard Saulsbury. 

Maryland — William Pinckney Whyte, George 
Vickers. 

North Carolina — John C. Abbott, John Pool. 

South Carolina — Thomas J. Robertson, Frederick 
A. Sawyer. 

Alabama — Willard Warner, George E. Spencer. 

Louisiana — John S. Harris, William P. Kellogg. 

Ohio — Benjamin F. Wade, John Sherman. 

Kentucky — Thomas C. McCreery, Garrett Davis. 

Tennessee — David T. Patterson, Joseph S. Fowler. 

Indiana — Thomas A. Hendricks, Oliver P. Mor- 
ton. 

Illinois — Richard Yates, Lyman Trumbull. 

Missouri — John B.Henderson, Charles D. Drake. 



Arkansas — Alexander McDonald, Benjamin F 
Rice. 

Michigan — Zachariah Chandler, Jacob M. How- 
ard. 

Florida — Adonijah S. Welch, Thomas W. Osborn 

Iowa — James W. Grimes, James Harlan 

Wisconsin — James R. Doolittle, Timothy 0, 
Howe. 

California— John Conness, Cornelius Cole. 

Minnesota — Alexander Ramsey, Dan'l S. Norton. 

Oregon — George H. Williams, Henry W- Corbett. 

Kansas — Edmund G. Ross, Samuel C. Pomeroy. 

West Virginia — Peter G. Van Winkle, Waitman 
T. WiUey. 

Nevada — William M. Stewart, James W. Nye. 

Nebraska — Thomas W. Tipton, John M. Thayer. 

House of Representatives. 

Schuyler Colfax, of Indiana, Speaker. 

Edward McPherson, of Pennsylvania, Clerk-. 

Maine — John Lynch, Sidney Perham, James G. 
Blaine, John A. Peters, Frederick A. Pike. 

New Hampshire — Jacob H. Ela, Aaron F. Ste- 
vens, Jacob Benton. 

Vermont — Frederick E. Woodbridge, Luke P. 
Poland, Worthington C. Smith. 

Massachusetts— Thomas D. Eliot, Oakes Ames, 
Ginery Twichell, Samuel Hooper, Benjamin 
F. Butler, Nathaniel P. Banks, George S. 
Boulwell, John D. Baldwin, William B. Wash- 
burn, Henry L. Dawe?. 

Rhode Island — Thomas A. Jenckes, Nathan F. 
DiAOn. 

Connecticut — Richard D. Hubbard, Julius Hotch- 
kiss, Henry H. Starkweather, William H. 
Barnum. 

New yori— Stephen Taber, Demas Barnes, Wil- 
liam E. Robinson, John Fox, John Morrissey, 
Thomas E. Stewart, John W. Chanler, James 
Brooks, Fernando Wood, William H. Robert- 
son, Charles H. Van Wyck, John H. Ketcham, 
Thomas Cornell, John V. L. Pruyn, John A. 
Griswold, Orange Ferriss, Calvin T. Hulburd, 
James M. Marvin, William C Fields, Addison 
H. Laflin, Alexander H. Bailey, John G. 
Churchill, Dennis McCarthy, Theodore M. 
Pomeroy, William H. Kelsey, William S. Lin- 
coln, Hamilton Ward, Lewis Selye, Burt Van 
Horn, James M. Humphrey, Henry Van 
Aernam. 



384 



POLITICAL MANUAL. 



New Jersey — William Moore, Charles Haight, 
Charles Sitgreaves, John Hill, George A. Hal- 
sey. 

Penns}/lvania — Samuel J. Kandall, Charles O'- 
Neill, Leonard Mj'ers, William D. Kelley, Ca- 
leb N. Taylor, Benjamin M. Boyer, John M. 
Brooraall, J. Lawrence Getz, 0. J. Dickey,* 
Henry L. Cake, Daniel M. Vai Auken, George 
W. Woodward, Ulysses Mercur, George F. 
Miller, Adam J. Glossbrenner, William H. 
Koontz, Daniel J. Morrell, Stephen F. Wilson, 
Glenni W. Scofield, S. Newton Pettis,t John 
Covode, James K. Moorhead, Thomas Wil- 
liams, George V. Lawrence. 

Delaware — John A. Nicholson. 

Maryland — Hiram McCullough, Stevenson Arch- 
er, Charles E. Phelps, Francis Thomas, Fred- 
erick Stone. 

North Carolina. — John R. French, David Heaton, 
Oliver H. Dockery, John T. Deweese, Israel 
G. Lash, Nathaniel Boyden, Alexander H. 
Jones. 

South Carolina — B. F. Whittemore.C. C. Bowen, 
Simeon Corlev, James H. Goss. 

Georgia— J. W' Olift, Nel.5on Tift, W. P. Ed- 
wards, Samuel F. Gove, C. H. Prince, (vacan- 
cy,) P. M. B. Young. 

Alabama — Francis W. Kellogg, Charles W. 
Buckley, Benjamin W. Norris, Charles W. 
Pierce, John B. Callis, Thomas Haughey. 

Louisiana — J. Hab Sypher, (vacancy,) Joseph 
P. Newsham, Michel Vidal, W. Jasper Black- 
burn. 

Ohio — Benjamin Eggleston, Samuel F. Cary, 
Robert C. Schenck, William Lawrence, Wil- 
liam Mungen, Reader W. Clarke, Samuel Shel- 
labarger, John Beatty, Ralph P. Buckland, 
James M. Ashley, John T. Wilson, Philadelph 
Van Trump, Columbus Delano, Martin Welker, 
Tobias A. Plants, John A. Bingham, Ephraim 
R. Eckley, Rufus P. Spalding, James A. Gar- 
field. 

Kentucky — Lawrence S. Trimble, (vacancy,) J. 
S. GoUaday, J. Proctor Knott, Asa P. Grover, 



Thomas L. Jones, James B. Beck, George M. 
Adams, Samuel McKee. 

T'e/jnessee— Roderick R. Butler, Horace May- 
nard, William B. Stokes, James Mullins, John 
Trimble, Samuel M. Arnell, Isaac R. Hawkins, 
David A. Nunn. 

Indiana — William E. Niblack, Michael C. Kerr, 
Morton C. Hunter, William S. Holman, George 
W. Julian, John Coburn, Henry D. Washburn, 
Godlove S. Orth, Schuyler Colfax, William 
Williams, John P. C Shanks. 

Illinois — Norman B. Judd, John F. Farnswoitn, 
J^Uihu B. Washburne, AbnerC. Harding, Ebon 
C. Inger.soll, Burton C Cook, Henry P. H. 
Bromwell, Shelby M. Cullom, Lewis W. Ross, 
Albert G. Burr, Samuel S. Marshall, Jehu Ba- 
ker, Green B. Raum, John A. Logan. 

Missouri — William A. Pile, Carman A. Newcomb, 
James R. McCormick, Joseph J. Gravely, John 
H. Stover,* Robert T. Van Horn, Benjamin 
F. Loan, John F. Benjamin, George W. An- 
derson. 

Arkansas — Logan H. Roots, James T. Ellio*-t, 
Thomas Boles. 

Michigan — Fernando C. Beaman. Charles Upson, 
Austin Blair. Thomas W. Ferry, Rowland E. 
Trowbridge, John F. Driggs. 

Florida — Charles M. Hamilton. 

Iowa — James F. Wilson, Hiram Price, Willian. 
B. Allison, William Loughridge, Grenville 
M. Dodge, Asahel W. Hubbard. 

Wisconsin — Halbert E. Paine, Benjamin F. Hop- 
kins, Amasa Cobb, Charles A. Eldridge, Phile- 
tus Sawyer, Cadwalader C. Washburn. 

California — Samuel B. Axtell, William Higby, 
James A. Johnson. 

Minnesota — William Windom, Ignatius Don- 
nelly. 

Oregon— Rufus Mallory. 

Kansas — Sidney Clarke. 

West Virginia — Chester D. Hubbard, Bethuel 
M. Kitclien, Daniel Polsley. 

Nevada — Delos R. Ashley. 

Nebraska — John Taff?. 



• In place of Thaddeus Stevens, decea.sed. ' * In place of Joseph W. McClurg, resigned, 

t In place of I)arwin A. Finney, deceased. 



XXXVIIl. 



PRESIDENT JOHNSON'S LAST ANNUAL MESSAGE, 

DECEMBER 7, 18C8. 



The following extracts relate to reconstruction 
a::d other controverted subjects: 

Fellow- Citizens of the Senate 

and House of Representatives: 
Upon the reassembling of Congress, it again 
becomes my duty to call your attention to the 
state of the Union, and to its continued disor- 



ganized condition under the various laws which 
have been passed upon the subject of recon- 
struction. 

It may be safely assumed, as an axiom in 
the government of States, that the greatest 
wrongs inflicted upon a people are caused by 
unjust and arbitrary legislation, or by the un- 
relenting decrees of desDotic rulers, and that 



THE PKESIDENT S MESSAGE. 



385 



the timely revocation of injurious and oppress- 
ive measures is the greatest good tliat can be 
conferred upon a nation. The legislator or 
ruler who has the wisdom and magnanimity to 
retrace liis steps, when convinced of error, 
will sooner or later be rewarded with the 
respect and gratitude of an intelligent and 
patriotic people. 

Our own history, although embracing a period 
less than a century, affords abundant proof that 
most, if not all, of our domestic troubles are 
directly traceable to violations of the organic 
law and excessive legislation. The most striking 
illustrations of this fact are furnished by the 
enactments of the past three years upon the 
question of reconstruction. After a fair trial 
they have substantial!}' failed and proved per- 
nicious in their results, and there seems to be no 
good reason why they should remain longer upon 
the statute-book. States to which the Constitu- 
tion guaranties a republican form of government 
have been reduced to military dependencies, in 
eacli of which the people have been made sub- 
ject to the arbitrary will of the commanding 
general. Although the Constitution requires 
that each State shall be represented in Congress, 
Virginia, Mississippi, and Texas are yet ex- 
cluded from the two Houses, and, contrary to 
the express provisions of that instrument, were 
denied participation in the recent election for 
a President and Vice President of the United 
States. The attempt to place the white popula- 
tion under the domination of persons of color 
in the South has impaired, if not destroyed, the 
kindly relations that had previously existed be- 
tween them ; and mutual distrust has engendered 
a feeling of animosity which, leading in some 
instances to collision and bloodshed, has pre- 
vented that co-operation between the two races 
so essential to the success of industrial enter- 
prises in the Southern States. Nor have the 
inhabitants of those States alone suffered from 
the disturbed condition of affairs growing out 
of these congressional enactments. The entire 
Union has been agitated by grave apprehensions 
of troubles which might again involve the peace 
of the nation ; its interests have been injuriously 
affected by the derangement of business and 
labor, and the consequent want of prosperity 
throughout that portion of the country. 

The Federal Constitution — the magna charta 
of American rights, under whose wise and salu- 
tary provisions we have successfnll}' conducted 
all our domestic and foreign affairs, sustained 
ourselves in peace and in war, and become agreat 
nation among the Powers of *,he earth — must 
assuredly be now adequate to the settlement of 
questions growing out of the civil war waged 
alone for its vindication. This great fact is 
made most manifest by the condition of the 
country when Congress assembled in the month 
of December, 1865. Civil strife had ceased; the 
Bpirit of rebellion had spent its entire force; in 
the Southern States the people had warmed into 
national life, and throughout the whole country 
a healthy reaction in public sentiment had 
taken place. By the application of the simple 
yet effective provisions of the Constitution the 
executive department, with the voluntary aid 
of the States, had brought the work of restora- 
25 



tion as near completion as was within the scope 
of its authority, and the nation was encouraged 
by the jirospect of an early and satisfactory ad- 
justmentof all itsditBculties. Congress, however, 
intervened, and, refusing to perfect the work so 
nearl}' conh^unimated, declined to admit members 
from the unrepresented States, adopted a series 
of measures which arrested the progress of '■es- 
toration. frustrated all tiiat had been so suc.;es8- 
fully accomplished, and after three years of 
agitation and strife has left the country further 
from the attainment of union and fraternal 
feeling than at the inception of the congress- 
ional plan of reconstruction. It needs no 
argument to show that legislation which has 
produced such baneful consequences should be 
abrogated, or else made to conform to the 
genuine principles of republican government 

Under the influence of party passion and ser- 
tional prejudice, other acts have been passed not 
warranted by the Constitution. Congress has 
already been made familiar with my views res- 
pecting the '' tenure-of-oflice bill." Experience 
has proved that its repeal is demanded by the 
best interests of the country, and that while it 
remains in force the President cannot enjoin 
that rigid accountability of public oiScers so 
essential to an honest and efficient execution of 
the laws. Its revocation would enable the 
executive department to exercise the power of 
appointment and removal in accordance with 
the original design of the Federal Constitution. 

The act of March 2, 1867, making appropri- 
ations for the support of the army for the year 
ending June 30, 1868, and for other purposes, 
contains provisions which interfere with the 
President's 'constitutional functions as Com- 
mander-in-Chief of the Army, and deny to 
States of the Union the right to protect them- 
selves by means of their own militia. These 
provisions should be at once annulled ; for while 
the first might, in times of great emergency, 
seriously embarrass the Executive in efforts to 
employ and direct the common strength of the 
nation for its protection and preservation, the 
other is contrary to the express declaration of 
the Constitution, that, "a well-regulated militia 
being necessary to the security of a free State, 
the right of the people to keep and bear arms 
shall not be infringed." • 

It is believed that the repeal of all such laws 
would be accepted by the American people as 
at least a partial return to the fundamental 
principles of the Government, and an indication 
that hereafter the Constitution is to be made the 
nation's saf*^ and unerring guide. They can be 
productive of no permanent benefit to the coun- 
try, and should not be permitted to stand as so 
many monuments of the deficient wisdom which 
has characterized our recent legislation. 

The condition of our finances demands the 
early and earnest consideration of Congress. 
Compared with the growth of our population, the 
public expenditures have reached an amount 
unprecedented in our history. 

The population of the United States in 1790 
was nearly four millions of people. Increasing 
each decade about thirty-three per cent., it 
reached in 1860 thirty-one millions — an increase 
of seven hundred per cent, on the population in 



386 



POLITICAL MANUAL. 



1790. In 1869 it is estimated that it will reach 
thirty-eight millions, or an increase of eight 
hundred and sixty-eight per cent, in seventy- 
nine years. 

The annual expenditures of the Federal 
Government in 1791 were $4,200,000; in 1820, 
Sis, 200,000; in 1850, $41,000,000; in 1860, 
$63,000,000; in 1865, nearly $1,300,000,000; 
and in 1869 it is estimated by the Secretary of 
the Treasur}', in his last annual report, that 
they will be $372,000,000. 

Bj' comparing the public disbursements of 
1869, as estimated, with tho.se of 1791, it will be 
seen tliat the increase of expenditure since the 
beginning of the Government has been eiglit 
thousand six hundred and eighteen per cent., 
while the increase of the population for the same 
period was only eighteen hundred and sixty- 
eight per cent. Again : the expenses of the Gov- 
ernment in 1860, the year of peace immediately 
preceding the war, were only $63,000,000 ; while 
in 1869, the year of peace three years after the 
war, it is estimated they will be $372,000,000— 
an increase of four hundred and eighty-nine per 
cent., while the increase of population was only 
twenty-one per cent, for the same period. 

These statistics further show, that in 1791 the 
annual national expenses, compared with the 
population, were little more than $1 per capita, 
and in 1860 but $2^er capita; while in 1869 
they will reach the extravagant sum of $9 78 
per capita. 

It will be observed that all of these statements 
refer to and exhibit the disbursements of peace 
periods. It may, therefore, be of interest to 
compare the expenditures of the three war pe- 
riods — the war with Great Britain, the Mexican 
war, and tlie war of the rebellion. 

In 1814 the annual expenses incident to the 
war of 1812 reached their highest amount — 
about thirtj'-one millions; while our population 
slightly exceeded eight millions, showing an 
expenditure of only $3 80 per captto. In 1847 
the expenditures growing out of the war with 
Mexico reached $55,000,000, and the population 
about twenty one millions, giving only $2 60 
per capita for the war expenses of that year. In 
1865 the expenditures called for by the rebellion 
reached the vast amount of $1,290,000,000, 
which, compared with a population of thirty- 
Jour millions, gives $38 20 per capita. 

From the 4th day of March, 1789, to the 30th 
of Juno, 1861, tiie entire expenditures of the 
Government were $1,700,000,000. During that 
period we wer*- engaged in wars with Great Bri- 
tain and Mexico, and were involved in hostilities 
with powerful Indian tribes; Louisiana was 
purchased fiom France at a cost of $15,000,000; 
Florida was ceded to us by Spain for $5,000,0110; 
California was acquired from Mexico for $15,- 
000,000; and the Territory of New Mexico was 
obtained from Texas for the sum of $10,000,000. 
Early in 1861 the war of the rebellion commenced ; 
and from the 1st of July of that year to the 30th 
of June, 1SG5, the public expenditures reached 
the enormous aggregate of $3,300,000,000. Three 
years of peace liave intervened, and during that 
time the disbursements of the Government have 
eucce.'isively been $520,000,000, $346,000,000, 
and $393,000,000. Adding to these amounts 



$372,000,000, estimated as necessary for the fiscal 
year ending the 30tli of June, 1869, we obtain a 
total expenditure of $1,600,000,000 during the 
four years immediately succeeding the war, or 
nearly as much as was expended during the 
seventy- two years that preceded the rebellion, 
and embraced the extraordinary expenditures 
already nam-e'L 

These startling facts clearly illustrate the ne- 
cessity of retrenchment in all branches of the pub- 
lic service. Abuses which were tolerated during 
the war for the preservation of the nation will 
not be endured by the people, now that profound 
peace prevails. The receipts from internal rev- 
enues and customs have during the past three 
years gradually diminished, and the continuance 
of useless and extravagant expenditures '/ill 
involve us in national bankruptcy, or else ni»,ke 
inevitable an increase of taxes, already too 
onerous, and in many respects obnoxious on 
account of their inquisitorial character. One 
hundred millions annually are expended for the 
military force, a large portii.ii of which is em- 
ployed in the execution of law s both unneceseary 
and unconstitutional; $150,000,000 are required 
each year to pay the interest on the public debt; 
an army of t.«xgatherers impoverishes the na- 
tion; and public agents, placed by Congress be- 
yond the control of the Executive, divert from 
their legitimate purposes large sums of money 
which they collect from the people in the name 
of the Government. Judicious legislation £.nd 
prudent economy can alone remedy defects and 
avert evils which, if suffered to exist, cannot 
fail to diminish confidence in the public councils, 
and weaken the attachment and respect uf the 
people toward their political institutions. With- 
out proper care the small balance which it ia 
estimated will remain in the Treasury at the 
close of the present fiscal year will not be real- 
ized, and additional millions be added ii> a debt 
which is now enumerated by billions. 

It is shown by the able and comprehensive 
report of the Secretary of the Treasury that the 
receipts for the fiscal year ending Jur.s 30, 1868, 
were $405,638,083, and that the expeudituresfor 
the same period were $377,340,284. leaving in 
the Treasury a surplus of $28,297, 79'5. Itisesti- 
mated thatlhe receipts during the piesent fiscal 
year ending June 30, 1869, will be ^'^,41,392,868, 
and the expenditures $336,152,470, showing a 
small balance of $5,240,398 in favor of the Gov- 
ernment. For tlie fiscal year ending June 30, 
1870, it is estimated that the receip'a will amount 
to $327,000,000, and the expenditures to $303,- 
000,000, leaving an estimated su.plus of $24,- 
(>00,000. 

It becomes proper, in this connection, to make 
a brief reference to our [lublic indebtedness, 
which has accumulated with such alarming rap- 
idity and assumed such colossal j roportions. 

In 1789, when the Government commenced 
operations under the Federal Conbtitution, it was 
burdened with an indebtedness of $75,000,000 
created during the war of the Kevolulion. This 
amount had been reduced to $45,000,000 when, 
in 1812, war was declared against Great Britain. 
The three years' struggle that follo'ived largely 
increased the national obligations, ^nd in 1816 
they had attained the sum of $127,000,000. Wise 



THE PRESIDENT'S JMESSAGE. 



387 



and economical legislation, however, enabled 
the Government to pay the entire amount within 
a period of twenty years, and the extinguish- 
ment of the national debi filled the land with 
rejoicing, and was one of the great events of 
President Jackson's administration. After its 
redemption a large land remained in the Treas- 
ury, which was deposited for safekeeping with 
the several States, on condition that it should 
be returned when required by the public wants. 
In 1849 — the year alter the termination of an 
expensive war with Me.xico — we found ourselves 
involved in a debt of $64,000,000; and this was 
tiie amount owed by the Government in 1860, 
just prior to the outbreak of the rebellion. In 
the spring of 1861 our civil war commenced. 
Each year of its continuance made an enormous 
addition to the debt; and when, in the spring 
of 1865, the nation successfully emerged from 
the conflict, the obligations of the Government 
had reached the immense sum of $2 873, 992.- 
909. The Secretary of the Treasury shows that 
on the 1st day of November, 1867. this amount 
had been reduced to $2,491,504,450; but at the 
same time his report exhibits an increase during 
the past year of $35,625,102; for the debt on 
the 1st day of November last is stated to have 
been $2,527,129,552. It is estimated by the 
Secretary that the returns for the past month 
will add to our liabilities the further sum of 
$11,000,000 — making a total increase during 
thirteen months of |46 500,000. 

In my message to Congress of December 4, 
1865, it was suggested that a policy should be 
devised, which, without being oppressive to the 
people, would at once begin to effect a reduction 
of the debt, and if persisted in discharge it fully 
within a definite number of years. The Secre- 
tary of the Treasury forcibly recommends legis- 
lation of this character, and justly urges that 
the longer it is de.''erred the more difficult must 
become its accomplishment. We should follow 
the wise precedents established in 1789 and 1816, 
and without further delay make provision for 
the payment of our obligations at as early a 

fieriod as may be practicable The fruits of their 
abor should be enjoyed by our citizens, rather 
than used to build up and sustain monej^ed mon- 
opolies in our own and other lands. Our foreign 
debt is alread}'- computed by the Secretary of 
the Treasury at $850,000,000; citizens of foreign 
countries receive interest upon a large portion 
of our securities, and American tax-payers are 
made to contribute large sums for their support. 
The idea that such a debt is to become perma- 
nent should be at all times discarded, as in- 
volving taxation too heavy to be borne and 
payment once in every sixteen years at the 
present rate of interest of an amount equal to 
the original sum. This vast debt, if permitted 
to hecome permanent and increasing, must event- 
ually be gathered into the hands of a few, and 
enable them to exert a dangerous and control- 
ling power in the affairs of the Government. The 
borrowers would become servants to the lenders 
— the lenders the masters of the people. We 
now [iride ourselves upon having given freedom 
to four millions of the colored race ; it will then 
be our shame that forty million people, by their 
own toleration of usurpation and profligacy. 



have suffered themselves to become enslaved, 
and merely exchanged slave-owners for new task- 
masters in the shape of bond-holders and tax- 
gatherers. Besides, permanent debts pertain to 
monarchical governments, and tending to mon- 
opolies, perpetuities, and class legislation, are 
totally irreconcilable with free institutions. In- 
troduced into our republican system, they would 
gradually but surely sap its foundations, event- 
uall}' subvert our governmental fabric, and ersct 
upon its ruins a moneyed aristocrac}'. It is our 
sacred duty to transmit unimpaired to our pos- 
terity the blessings of liberty which were be- 
queathed to us by the founders of the Republic, 
and by our example teach those who are to fol- 
low us carefull}' to avoid the dangers which 
threaten a free and independent people. 

Various plans have been proposed for the pay- 
ment of the public debt. However they may 
have varied as to the time and mode in which it 
should be redeemed, there seems to be a general 
concurrence as to the pro[iriety and justness of a 
reduction in the present rate of interest. The 
Secretary of the Treasury, in liis report, recom- 
mends five per cent. ; Congress, in a bill passed 
prior to adjournment, on the 27th of July last, 
agreed upon four and four and a half per cent.; 
while by many three per cent, has been held to 
be an amply sufficient return for the investment. 
The general impression as to the exorbitancy of 
the existing rate of intere.st has led to an inquiry 
in the public mind respecting the consideration 
which the Government has actually received for 
its bonds, and the conclusion is becoming preva- 
lent that the amount which it obtained was in 
real money three or four hundred per cent, less 
than the obligations which it issued in return. 
It cannot be denied that we are paying an ex- 
travagant percentage for the use of the money 
borrowed, which was pajier currency, greatly 
depreciated below the value of coin. This fact 
is made apparent, when we consider that bond- 
holders receive from the Treasury, upon each 
dollar they own in Government securities, six 
per cent, in gold, which is nearly or quite equal 
to nine per cent, in currency; that the bonds are 
then converted into capital for the national 
banks, upon which those institutions issue their 
circulation, bearing six per cent, interest; and 
that they are exempt from taxation by the Gov- 
ernment and the Stales, and thereby enhanced 
two per cent, in the hands of the holders- We 
have thus an aggregate of seventeen per cent, 
which may be received upon each dollar by the 
owners of Government securities. 

A system that produces such results is justlj* 
regarded as favoring a few at the expense of the 
many, and has led to the further inquiry, whether 
our bondholders, in view of the large profits 
which they have enjoyed, would themselves be 
averse to a settlement of our indebtedness 
upon a plan which would yield them a fair 
remuneration, and at the same time be just to 
the tax-payers of the nation. Our national 
credit should be sacredly observed; but in mak 
ing provision for our creditors we should not 
forget what is due to the masses of the people. 
It may be assumed that the holders of our securi- 
ties have already received upon their bonds a 
lai'ger amount than their original investment. 



388 



POLITICAL MANUAL. 



mea«ured b}' a goLl !=tand;\rd. Upon tliis state- 
ment ot facDs it; would seem but just and equita 
ble that the six per cent, interest now paid by 
the Government should be applied to the reduc- 
tion of the principal in semi-;innuai installments, 
which in sixteen years and eight months would 
liquidate the entire national debt. Six per cent, 
in gold would at present rates be equal to nine 
per cent, in currency, and equivalent to the pay- 
ment of the debt one and a half time in a fraction 
less than seventeen j-ears. This, in connection 
with all the other advantages derived from their 
investment, would afford to the public creditors 
a fair and liberal compensation for tlie use of 
their capital, and with this they should be satis- 
fied. The lessons of the past admonish the lender 
that it is not well to be over anxious in exacting 
from the borrower rigid comnliance with the 
letter of the bond.* 

If provision be made for the payment of the 
indebtedness of the Government in the manner 
suggested, our nation will rapidly recover its 
wonted prosperitj-. Its interests require that 
some measure should be taken to release the 
large amount of capital invested in the securities 
of the Government. It is not now merely un- 
productive, but in taxation annually consumes 
$150,000,000, which would otherwise be used by 
our enterprising people in adding to the wealth 
of tlie nation. Our commerce, which at one time 
successfully rivaled that of the great maritime 
Powers, has rapidly diminished, and our indus- 
trial interests are in a depressed and languishing 
condition. The development of our inexhausti- 
ble resources is checked, and the fertile fields of 
the South are becoming waste for want of means 
to till them. With the release of capital, new 
life would be infused into the paralyzed ener- 
gies of our people, and activity and vigor im- 
parted to every branch of industry. Our people 
need encouragement in their efforts to recover 
from the effects of the rebellion and of injudicious 
legislation ; and it should be the aim of the Gov- 
ernment to stimulate them by the prospectof an 
early release from the burdens which impede 
their prosperity. If we cannot take the burdens 
from their shoulders, we should at least manifest 
a willingness to help to bear them. 

In referring to the condition of the circulating 
medium, I shall merely reiterate, substantially, 
that portion of my last annual message which 
relates to that subject. 

The proportion wiiich the currency of any 
country should bear to the whole value of the 
annual produce circulated by its means is a 
question upon which political economists have 
not agreed. Nor can it be controlled by legisla- 
tion, but must be left to the irrevocable laws 
which everywhere regulate commerce and trade. 
The circulating medium will ever irresistibly flow 
to those jioints where it is in greatest demand. 
The law of demand and supply is as unerring as 
that which regulates the tides of the ocean ; and 
indeed currency, like the tides, has its ebbs and 
flows throughout the commercial world. 

At the beginning of the rebellion the bank- 
note circulation of the country amounted to not 



• See resolutions of Senate and House of Represent- 
atives thereon, pp. 391. 



much more than $200,000,000; now the cir- 
culation of national bank notes and those known 
as "legal-tenders" is nearly $700,000,000 While 
it is urged by some that this amount should be 
increased, others contend that a decided re- 
duction is absolutely essential to the best inter- 
ests of the country. In view of these diverse 
opinions, it may be well to ascertain the real 
value of our paper issues, when compared with 
a metallic or convertible currency. For this 
purpose let us inquire how much gold and silver 
could be purchased by the $700,000,000 of paper 
money now in circulation. Probably not more 
than half the amount of the latter, showing that 
when our paper currency is compared with gold 
and silver its commercial value is compressed 
into $350,000,000. This striking fact makes it 
the obvious duty of the Government, as early as 
may be consistent with the principles of sound 
political economy, to take such measures as will 
enable the holder of its notes and those of the 
national banks to convert them, without loss, 
into specie or its equivalent. A reduction of 
our paper-circulating medium need not necessa- 
rily follow. This, however, v/ould depend upon 
the law of demand and supply ; though it should 
be borne in mind that by making legal-tender 
and bank notes convertible into coin or its equiv- 
alent, their present specie value in the hands of 
their holders would be enhanced one hundred 
per cent. 

Legislation for the accomplishment of a result 
so desirable is demanded by the highest public 
considerations. The Constitution contemplatef 
that the circulating medium of the country shall 
be uniform in quality and value. At the time 
of the formation of that instrument the country 
had just emerged from the war of the Pvevolu- 
tion, and was suffering from the effects of a re- 
dundant and worthless paper currency. The 
sages of that j-eriod were anxious to protect their 
posterity from the evils which they themselves 
had experienced. Hence, in providing a circu- 
lating medium, they conferred upon Congress 
the power to coin money and regulate the value 
thereof, at the same time prohibiting the States 
from making anything but gold and silver a 
tender in payment of debts. 

The anomalous condition of our currency is in 
striking contrast with that which was originally 
designed. Our circulation now emliraces, first, 
no'es f)f the national banks, which are made re- 
ceivable for all dues to theGovernrnent, excluding 
imposts, and by all its creilitors, excepting in pay- 
ment of interest u[)on its bonds and the securities 
themselves; second, legal-tender notes issued by 
the United States, and which the law requires 
shall be received as well in payment of all debts 
between citizens as of all Government dues, ex- 
cepting imposts ; and, third, gold and silver coin. 
By the operation of our presentsystem of finance, 
however, the metallic currenc}', when collected, 
is reserved only for one class of Government 
creditors, who, holding its bonds, semiannually 
receive their notes in coin from the national 
Treasury. There is no reason which will be ac- 
cepted as satisfactory by the peoj)lo why those 
who defend us on the land and protect us on the 
sea ; the pensioner upon the gratitude of the na- 
tion, bearing the scars and wounds received while 



THE president's MESSAGE. 



380 



in its service ; the public servants in the various 
Departments of the Government ; the farmer who 
supplies the soldiers of the army and the sailors 
of the navy ; the artisan who toils in the nation's 
workshops, or the mechanics and laborers who 
build its edifices and construct its forts and ves- 
sels of war, should, in payment of their just and 
hard ei)rneddues,receivedepreciated paper, while 
another class of their countrymen, no more de- 
servinj:, are paid in coin of gold and silver. 
Equal and exact justice requires that all the 
creditors ot the Government sliould be paid in a 
currency possessing a uniform value. This can 
only be accomplished by the restoration of the 
currency to the standard established by the Con- 
stitution ; and by this means we would remove 
a discrimination which may, if it has not already 
done so, create a prejudice that may become deep- 
rooted and wide-spread, and imperil the national 
credit. 

The feasibility of making our currency cor- 
respond with the constitutional standard maybe 
Been by reference to a few facts derived from 
our commercial statistics. 

The aggregate product of precious metals in 
the United States from 1849 to 1867 amounted 
to $1,174,000,000, while for the same period the 
net exports of specie were $741,000,000. This 
shows an excess of product over net exports of 
$433,000,000. There are in the Treasury $103,- 
407,985 HI coin, in circulation in the States on 
the Pacific coast about $40,000,000, and a few 
millions in the national and other banks — in all 
less than $160,000,000. Taking into considera- 
tion the specie in the country prior to 1849 
and that produced since 1867, and we have 
more than $300,000,000 not accounted for by 
exportation or by the returns of the Treasury, 
and therefore most probably remaining in the 
country. 

These are important facts, and show how com- 
pletely the inferior currency will supersede the 
better, forcing it from circulation among the 
masses, and causing it to be exported as a mere 
article of trade, to add to the money capital of 
foreign lands. They show the necessity of re- 
tiring our paper money, that the return of gold 
and silver to the avenues of trade may be in- 
vited, and a demand created which will cause 
the retention at home of at least so much of the 
productions of o%' rich and inexhaustible gold- 
bearing fields as W^J be sufficient lor purposes 
of circulation. It is unreasonable to expect a 
return to a sound currency so long as the Gov- 
ernment and banks, by continuing to issue irre- 
deemable notes, fill the channels of circulation 
with depreciated paper. Notwithstanding a 
coinage by our mints, since 1849, of $874,000,- 
000, the people are now strangers to the currency 
which was designed for their use and benefit, 
mid specimens of the precious metals bearing the 
national device are seldom seen, except when 
jiroduced to gratify the interest excited by their 
novelty. If depreciated paper is to be continued 
as the permanent currency of the country, and 
all our coin is to become a mere article of traffic 
and speculation, to the enhancement in price of 
all that is indispensable to the comfort of the 
people, it would be wise economy to abolish our 
mints, thus saving the nation the care and ex- 



pense incident to svch establishments, and let all 
our precious metal be exported in bullion. The 
time has come, however, when the Government 
and national banks should be required to take 
the most efficient steps and make all necessary 
arrangements for a resumption of specie pay- 
ments. Let specie payments once be earnestly 
inaugurated by the Government and banks, and 
the value of the paper circulation would di- 
rectly approximate a specie standard. 

Specie payments having been resumed by the 
Government and banks, all notes or bills of 
paper issued by either of a less denomination 
than twenty dollars should by law be excluded 
from circulation, so that the people may have 
the benefit and convenience of a gold and silver 
currency which, in all their business transac- 
tions, will be uniform in value at home and 
abroad. 

"Every man of property or industry, every 
man who desires to preserve what he honestly 
possesses, or to obtain what he can honestly 
earn, has a direct interest in maintaining a safe 
circulating medium — such a medium hs shall be 
real and substantial, not liable to vibrate with 
opinions, not subject to be blown up or blown 
down bj^ the breath of speculation, but to be 
made stable and secure. A disordered currency 
is one of the greatest political evils. It under- 
mines the virtues necessary for the support of 
the social system, and encourages propensities 
d'Structive of its happiness. It wars against 
industry, frugality, and economy, and it fosters 
the evil spirits of extravagance and speculation." 
It has been asserted by one of our profound and 
most gifted statesmen, that "of all the contri- 
vances for cheating the laboring classes of man- 
kind none has been more effectual than that 
which deludes them with paper money. This is 
the most effectual of inventions to fertilize the 
rich man's fields by the sweat of the poor man's 
brow. Ordinary tyranny, oppression, excessive 
taxation — these bear lightly on the ha[ipiness 
of the mass of the community compared with a 
fraudulent currency and the robberies commit ■ 
ted by depreciated paper. Our own history has 
recorded for our instruction enough and more 
than enough of the demoralizing tendency, the 
injustice, and the intolerable oppression on the 
virtuous and well-disposed of a degraded paper 
currency authorized by law or in any way coun- 
tenanced by Government." It is one of the 
most successful devices, in times of peace or war, 
of expansions or revulsions, to accomplish the 
transfer of all the precious metals from the great; 
mass of the people into the hands of the few, 
where they are hoarded in secret places or de- 
posited under bolts and bars, while the people 
are left to endure all the inconvenience, sacrifice, 
and demoralization resulting from the use of de- 
preciated and worthless paper. * * * 

During the fiscal year ending June 30, 1868, 
SIX million six hundred and fifty-five thousand 
seven hundred acres of public land were dis- 
posed of * * * 

On the 30th of June, 1868, one hundred and 
sixty-nine thousand six hundred and forty-three 
names were borne on the pension rolls, and 
during the year ending on that day the total 
amount paid for pensions, includin^^ the expenses 



390 



POLITICAL MANUAL. 



of disbursement, was $24,010,982, being $5,391,- 
025 greater thaa tliat expended for like pur- 
poses during the preceding year. * * * 
Treaties with various Indian tribes have been 
concluded, and will be submitted to the Senate 
lor its constitutional action. * * * 

Tiie strength of our militarj' force on the 30lh 
of September last was forty-eight thousand men, 
and it is computed that, by tlie 1st of January 
next, lliis number will be decreased to forty-three 
thousand. It is the opinion of the Secretary of 
War that within the next year a considerable 
diminution of the infantry force may be made 
without detriment to the interests of the country ; 
and in vi^w of the great expense attending the 
military peace establishment, and the absolute 
necessity of retrenchment wherever it can be 
applied, it is hoped that Congress will sanction 
the reduction whicli his report recommends. 
While m 1S60 sixteen thousand three hundred 
men cost the nation $16,472,000, llie sum of 
$65,682,000 is estimated as necessary for the 
support of the army during the fiscal year end- 
ing June 30, 1870. The estimates of the War 
Department for the last two fiscal years were, 
for 1S67, $33,814,461; and for 1868, $25,205,069. 
The actual expenditures during tlie same perinds 
were, respectively, $95,224,415 and $ 1 23,246 618. 
The estimate submitted in December last fur the 
fiscal year ending June 30, 1869, was $77, 124,707 ; 
the expenditures for the first quarter, ending the 
30th of September last, were ?27,219,117, and 
the Secretary of the Treasury gives $66,000,000 
as the amount which will probably be required 
during the remaining three quarters, if there 
should be no reduction of the army — making 
its aggregate cost for the yeur considerably in 
excess of $93,000,000. Tiie difi"erence between 
the estimates and expenditures for tlie three 
fiscal years which have been named is thus 
shown to be $175,545,343 for this single branch 
of the public service. * * ■* 

The total number of vessels in tlie navy is two 
hundred and six, mounting seventeen hundred 
and forty-three guns. Eighty-one ves^^els of 
every description are in use, armed with six 
hundred and ninety-six guns. The number of 
enlisted men in the service, including aj'pren- 
tices, has been reduced to eiglit tiiousaud five 
hundred. -x- * * 

The ordinarv postal revenue for the fiscal 
year ending June 30, 1868, was $16,292,600, and 
the total expenditures, embracing all the service 
for which special appropriations have been made 
by Congress, amounted to $22,730,592, showing 
an excess of expenditures of $6,437,991. * * * 

Comprehensive national policy would seem to 
sanction the acquisition and incorporation into 
our Federal Union of the several adjacent con- 
tinental and insular communities as speedily as 
it can be done peacefully, lawfully, and without 
any violation of national justice, faith, or honor. 
Foreign possession or control of those commu- 
nities has hitherto hindered the growth and im- 
paired the influence of the United States. Chronic 
revolution and anarchy there would be equalli' 
injurious. Each one of them, when firmly es- 
tablished as an independent rejjublic, or when 
incorporated into the United States, wouhl be a 
new source of strength and pow^r. Conforming 



rny administration to these principles, I have on 
no occasion lent support or toleration to unlawful 
expeditions set on foot upon the plea of repub- 
lican propagandism or of national extension or 
aggrandizement. The necessity, however, of 
repressing such unlawful movements clearly in- 
dicates the duty which rests upon us of adapting 
our legislative action to the new circumstances 
of a decline of European monarchical power and 
influence, and the increase of American repub- 
lican ide?s, interests, and sympathies. 

It cannot be long before it will become neces- 
sarj' for this Government to lend some efl'ective 
aid to the solution of the politic;;' and social 
firoblems which are continually kejit before the 
world by the two republics of the Island of St. 
Domingo, and which are now disclosing them- 
selves more distinctly than heretofore in the 
Island of Cuba. Tlie subject is comnu-nded to 
your consideration with all the more earnestness 
because 1 am satisfied that the time has arrived 
when even so direct a proceeding as a proposi- 
tion for an annexation of the two rejuiblics of 
the Islan<i of St. Domingo would not only receive 
tl:e consent of tiie peo['le interested, but would 
al.'^i) give satisfaction to all other foi-eign nations. 

I am aware that upon the question of furtlier 
extending our possessions it is a[ipreliended by 
some that our political system cannot success- 
fully be applied to an area more extended than 
our continent ; but the conviction is rapidly 
gaining ground in the American nuud that, with 
tlie increased facilities for intercommu!iicatioa 
between all portions of the earth, tlie principles 
of free government, as embraced in our Consti- 
tuliun, if faithfully maintained and carried out, 
would prove of sufficient strength and breadth 
to comprehend within their sphere and influence 
tlie civilized nations of the world. * % * 

I renew the recommendation contained in my 
communication to Congress dated the 18tli July 
last, a cojiy of wiiicli accompanies this message, 
liiat the judgment of the people should be taken 
on the propriety of so amending the Federal 
Constitution tliat it shall provide— 

First. For an election of President and Vice 
President by a direct vote of tlie people, instead 
of through the agency of electors, and making 
them ineligible for re election to a second term. 

Second. For a distinct designation of the per- 
son who shall discharge the duties of Fresiden'. 
in the event of a vacancy in that office by the 
deatii, resitination,or removal of both the Presi- 
dent and Vice President. 

Third. P^or the election of Senators ot the 
United States directl}' by the people of the sev- 
eral Slates, instead of by the legislatures ; and 

Fourth, ror tlie limitation to a period of years 
of the terms of federal judges. 

Profoundly impressed witli the projiriety of 
making these important modifications in the Con- 
stituiion, I respectfully submit them for the early 
and mature consideration of Congress. We sliould 
as far as possible remove all pretext for violations 
of the organic law, by remedying such imperfec- 
tions as time and experience may develop, ever 
I'emembering that " the Constitution wiiicli at 
any time exists, until clianged by an explicit and 
authentic act of the whole people, is sacredly 
obligatory upon all." 



POLITICAL VOTES. 



391 



In the performance of a duty imposed upon 
me by the Constitution, I have thus communi- 
cated to Congress information of the state of the 
Union, and recommended for their consideration 
such measures as have seemed to me necessary 
and expedient. If carried into effect, they will 
hasten the accomplishment of the great and be- 
neficent purposes for which the Constitution was 
ordained, and which it comprehensively states 
were " to form a more perfect Union, establish 
justice, insure domestic tranquillity, provide for 
the common defense, promote the general wel- 
fare, and secure the blessings of liberty to 
ourselves and our posterity." In Congress 



are vested all legislative powers, and upon 
them devolves tlie responsibility as well for 
framing unwise and excessive laws, as for ne- 
glecting to devise and adopt ffi5asures absolutely 
demanded by the wants of the country. Let us 
earnestly hope that before the expiration of our 
respective terms of service, now rapidly drawing 
to a close, an all-wise Providence will so guide 
our counsels as to strengthen and preserve the 
Federal Union, inspire reverence for the Consti- 
tution, restore prosperity and happiness to our 
whole people, and promote "on earth peace, 
good will toward men." Andrew Johnson. 
Washington, December 9, 1868. 



XXXIX, 



POLITICAL VOTES IN THIRD SESSION OF FORTIETH CONGRESS. 

CONDEMNATIOiN OF PRESIDENT JOHNSON'S PROPOSITION RESPECTING THE PAYMENT 

OF THE PUBLIC DEBT. 



Condemnatory Eesolutious. 

In Senate. 

1868, December 14— Mr. Willey submitted this 
resolution, which was reported from the Com- 
mittee on Finance by Mr. Cattell, December 16 : 

Resolved, That the Senate, properly cherishing 
and upholding the good faith and honor of the 
nation, do hereby utterly disapprove of and 
condemn the sentiments and projiositions con- 
tained in so much of the late annual message of 
the President of the United States as reads as 
follows : 

" It may be assumed tliat the holders of our 
securities have already received upon their bonds 
a larger amount than their original investment, 
measured by a gold standard. Upon this state- 
ment of facts, it would seem butjust and equita- 
ble that the six per cent, interest now paid by 
the Government should be applied to the reduc- 
tion of the principal in semi-annual installments, 
which in sixteen years and eight months would 
liquidate the entire national debt. Six per cent. 
in gold would at present rates be equal to nine 
per cent, in currency, and equivalent to the 

fiayment of the debt one and a half times in a 
taction less than seventeen years. This, in con- 
nection with all the other advantages derived 
from their investment, would afford to the pub- 
lic creditors a fair and liberal compensation for 
the use of their capital, and with this they should 
be satisfied. The lessons of the past admonish 
the lender that it is not well to be over-anxious 
in exacting from the borrower rigid compliance 
•with the letter of the bond," 



Mr. Hendricks moved this as a substitute: 
That the Senate cordially endorse the senti- 
ment in the President's message, "that our 
national credit should be sacredly observed." 
and declare that the public debt should be paid 
as rapidly as practicable, exactly in accordance 
with the'terms of the contracts under which the 
several Joans were made, and where the obliga- 
tions of the Government do not expressly state 
upon their face, or the law under which they 
were issued does not provide, that they shall be 
paid in coin, they ought in right and justice to 
be paid in the lawful money of the United 
States. 

Which was disagreed to — yeas 7, nays 44, as 
follow : 

Yeas — Messrs. Buckalew, Davis, Hendricks, McCreery, 
Saulshury, Vickers, Wh;/te~7. 

Nays— Messrs. Abbott, Anthony, Cattell, Chandler, 
Cole, Conkling, Corbett, Dixon, Drake, Edmunds, 
Ferry, Fessenclen, Frellughuysen, Grimes, Harris, 
Henderson, Howard, Howe, Kellogg, Morgan, Morrill 
of Maine, Morrill of Vermont, Nye, (Jsborn, Pool, Ram- 
sey, Rice. Robertson, Ross, Sawyer. Sherman, Spencer, 
Stewart, Sumner, Thayer, Trumbull, Van Winkle, 
Wade, Warner, Welch, Willey, Williams, Wilson, 
Yates — a. 

December 18 — The resolution was adopted — 
yeas 43, nays 6, as follow : 

Yeas — Messrs. Abbott, Anthony, Cameron, Cattell, 
Chandler, Cole, Conkling, Corbett, Cragin, Dixon, Ed- 
munds. Ferry, Fessendeu, Frelinghuysen, Grimes, 
Harlan, Harris, Henderson, Howard, Howe, Kellogg, 
Morgan, Morrill of Vermont, Nye, Osborn, Pomeroy, 
Ramsey, Robertson, Ross, Sawyer, Sherman, Spencer, 
Stewart, Sumner, Thayer, Van Winkle, Wade, Warner, 
Willey, Williams, Wilson. Yates— 43. 

Nats — Messrs. Davis, McCreery, Patterson of Ten- 
nessee, Saulshury, Vickers, Whyte—Q. 



392 



POLITICAL MANUAL. 



In House. 

186S, December 14. — Mr.Broomall moved tliat 
the rules be suspended, so as to enable him to 
submit the following preamble and resolution: 

Wlieieas the President of the United Slates, 
in his annual message to the Fortieth Congress, 
at us third session, says: " It may be assumed 
that the holders of our securities have already 
received upon their bonds a larger amount than 
tlieir original investment, measured by a gold 
standard. Upon tliis statement of facts it would 
seem but just and equitable that the six per 
cent, interest now paid by the Government 
should be applied to the reduction of tlie princi- 
pal in semi-annual installments, which in sixteen 
years and eight months would liquidate the 
entire national debt. Six percent, in gold would 
at present rates be equal to nine per cent, in 
currency, and equivalent to the payment of the 
debt one and a half time in a fraction less than 
seventeen years. This, in connection with all 
the other advantages derived from their invest- 
ment, would afiford to the public creditors a fair 
and liberal compensation for the use of their cap- 
ital, and with this they should be satisfied. 
The lessons of the past admonish the lender 
that it is not well to be over anxious in ex- 
acting from the borrower rigid compliance' with 
tlie letter of the bond;" and whereas such sen- 
timents, if permitted to go to the world withoot 
immediate protest, may be understood to be the 
sentiments of the people of the United States 
and their Representatives in Congress: there- 
fore, 

Jiesolved, That all forms and degrees of repu- 
diation of national indebtedness are odious to 
the American people. And that under no cir- 
cumstances will their Representatives consent to 
offer the public creditor, as full compensation, a 
less amount of money than that which the Gov- 
ernment contracted to pay him. 

The rules were suspended — j'eas 135, nays 29. 

A division of the question was called, tlie first 
division to include the preamble and the first 
sentence of the resolution. The previous ques- 
tion was called and seconded, and the main 
question ordered. Amotion to reconsider the vote 
ordering the main question was tabled, yeas 134, 
nays 37. The question recurring on the first 
division of the question, a motion to table the 
preamble was lost — yeas 37, nays 133. 

The first division of the question — being the 
preamble and the first sentence of the resolution 
— was then agreed to, yeas 155, nays 6, not 
voting 60, as follow : 

Yeas— Messrs. Allison, Amee, Arnell, James M. Ash- 
ley, Axtell, Bailey, Baker, Baldwin, Banks, Barnum, 
r.eaman, Beatty, Benjamin, Benton, Bingham, Blair, 
Boutwcll, Bowen, Boyden, Boi/cr, Broomall, Buckley, 
Roderick R. Butler, Callis, Gary, Chunler, Churcliill, 
Reader W. Clarke, Sidney Clarke, Coburn, Cook, Coriey, 
C!ovode, CuUom, Dawes, Deweese, Dickey, Di.xon, Doii- 
nellv, DriRKs, Ecklcy. I-:dwaids, EftKloston, El:i,Tlionias 
Ii. Eliot, Farnsworth,Ferriss,Ferry, KieUls, French, (iar- 
field,Gc<2,G'/(As.s6rc«iicr,(jroH«, Gove, Gris wold, Ilnughcy, 
Hawkins, lliKby, Hooiicr, Hopkins, ITotchkiss, Clicster 
D. Hubbard, RUhmd I), llnhhnrd, Hullmrd, Hunlor, In- 
L'crsoll,.Jenckes, Alexander 11.. JoiK'.«,,Ju(l(l, Julian, Kcl- 
ley, KelloKj;, Kol.sey, Ketiliam, Kitchen, Koontz, Lash, 
George V. Lawreni:e, Wm. Lawrence, Lincf)ln, Loan, 
Lougliridiie, Lynch,. Mullory,Marvin,McCarthy,McKee, 
Mercur, Miller, Moore, Moorhead, Morrell, Morrimeii, 
Mullins, Myers, Newsham, Norris, ()'Neill,Ortli, Paine, 
Perham, Peters, Pettis, Phelps, Pike, Pile, Plants, Po- 



land, Polsley, Price, Prince, Prttyn, Randall, Raum, 
Robertson, llobimon, Schenek, Scofield, Shanks, Sit- 
f/rearci-, Sinitli, Spalding, Starkweather, Stevens, Stew- 
art, Stokes, Stover, Sypher, Taber, Tafi'e, Taylor- 
Thomas, 7V/i(, Trowbridge, Twichell, Upson, Van"Aer, 
nam, Burt Van Horn, Van Wyck, Ward, Cadwalader 
C. Washburn, Ellihu B. Washburne. Henry D. Wash- 
burn, Wm. B. Washburn, Welker, Whittemore, Wil- 
liam Williams, James F. Wilson, John T. Wilson, 
Stephen F. Wilson, Windom, Wood, Woodbridge, IVood- 
ward — l.")."). 

N.vTS— Messrs. Adams, Archer. Graver, Thomas L. 
Jones, Miingen, Lawrence S. Trimble — fi. 

NiiT VoTixG— Mes.srs. And,-:-rson, Delos R. Ashley, 
Barnes, Beck. Blackburn, Blaine, Boles, Bromwell, 
Brooks, Buckland, Burr, Benjamin F. Butler, Cake, 
('lift, Cobb, Cornell, Delano, Dockery, Dodge, Etdridgt. 
Fox, Golladai/, Gravely Haiqht. Halsev, Hamilton, 
Harding. He.aton, Hill, Jlolmcin, Asaherw. Hubbard, 
Iliniiplirci/. Johnson. Ke;r, Knott, Laflin, Logan, Mar- 
shall, M;iyiiard, McCormick, McCuUowjh, Keweomb, 
^'iblark, ificholson, Nunn, Pierce, Pomerov. Roots, 
Boss, Sawyer, Selye, Shellabarger. Stone, Johii Trimble, 
Van Aukcn, Robert T. Van riorn, Van Trump, Vidal, 
Thomas Williams, Young— dO. 

The second division of the question — being 
the remaining portion of the preamble and reso- 
lution — was agreed to without a division. 

Vote on Minority Representation. 

In House. 

1869, January 19— Pending a bill (H. R. 1824) 
to preserve the purity of elections in the several 
Territories, Mr. Phelps moved this as an addi- 
tional section : 

" That the legislatures of the Territories here- 
inbefore named shall, at their first session after 
the passage of this act, provide by law for a re- 
apportionment of the members of the several 
legislatures as nearly equal as may be among 
council and legislative districts, entitled each to 
elect three members of council and three repre- 
sentatives ; and that the outlying districts, if 
any, to which it may be necessary that a less 
number than three shall be apportioned, shall 
be located in the least populous portions of said 
Territories; and that at the next legislative 
elections thereafter in said Territories every 
qualified voter shall be entitled to *.hree votes 
ior member of council, and three votes for mem- 
ber of the house of representatives, with the privi- 
lege of cumulating said votes upon any one or 
two of the candidates for either house respect- 
ively, it being the intent and meaning of this 
act to secure an equitable and just representation 
to minorities in said Territories in allcases where 
minority parties exceed in number two-fifths of 
the electoral body." 

Which was disagreed to — yeas 49, nays 116, 
as follow, (not voting, 57j : 

Yeas — Messrs. Anderson, Archer, Axtell, ^aker, Barnes, 
Barnum, Beck, Benjamin, Boyden, Boi/cr, Roderick R. 
ISutler, Chanter, Cook, Deweese, Oetz, Glossbrcnner, 
Golladay, Gove, Groier, Hawkins, Heaton, Holman, 
Holclikiss, JJuniphre;/, Jenckes, Alexander II. Jones, 
Tliomas L. Jones, Kerr, Knott, Lash, (ieorgo V. Law- 
rence, MMavy, Marshall, McCormick, McCullough, Mun- 
ijni, Newsham, yirhnlson. Phelps, Ross, Spalding, Stone, 
''Jubrr. 'lalfe, I'an Tntmp, Ellihu B. Washburne, fetephen 
F. Wilson, Woodwartl, Young — i',). 

Nays — Messrs. Allison, James 31. Ashley, Bailey, Bald- 
win, Banks, Boaman, Beatty, Benton, Blaine, Blair, 
Boutwell, Bowen, Broomall, Buckland, Buckley, Callis, 
Carii, Reader W. Clarke. Sidney Clarke, Clit't, Cobb, 
Coburn, Corlcy, Cornell, Covode.CuUom. Dawes, Dickey, 
Dodge, Eggieston, Ela, Thomas D. Eliot, James T. 
lOlliott, Farnsworth. Ferriss, Fields, French, Goss, 
Gravely, Harding, Haughcy, Higby, Hill, Uopkin^ 



POLITICAL VOTBS. 



393 



Hunter, Ingersoll, JoAnsore. Judd, Julian, Kellogg, Kel- 
sey, Kitchen, Koontz, William Lawrence, Lincoln, 
Loughridge, Marvin, Maynard, McCarthy, McKee, 
Mercur, Jliller, Moore, Moorhead, MuUins, Myers, 
Newcoinh, Nihlack, Norris, O'Neill, Orlh, Paine, Per- 
ham, Pettis. Pierce, Pike, Pile, Plants, Poland, Pols- 
ley, Price, Prince, Randall, Ranm, Robinson, Roots, 
Sawyer, Schenck, Seofield, Shanks, Shellabarger, Sit- 
greaves. Smith, Starkweather, Stevens, Stokes, Stover, 
Thomas, Tift, John Trimble, Lawrence S. Trimble, Up- 
son, Van Aernani, Van Auken, Burt Van Horn, Vidal, 
Ward, Henry D. Washburn, William B. Washburn, 
Welker, Whittemore, Thomas Williams, William Wil- 
liams, James F. Wilson, John T. Wilson, Windom 
— IIG. 

Bemoval of Disabilities. 

In Senate. 

1868, December 9 — Pending the bill to relieve 
from disabilities Franklin J. Moses, of South 
Carolina — 

Mr. Garrett Davis moved to add the words, 
" and all other citizens of the State of South Caro- 
lina." 

Which was disagreed to — yeas 9, nays 44, as 
follow : 

Yeas — Messrs. Bayard, Davis, Dixon, Doolittle. Ferry 
McCrcery, Norton, Patterson of Tennessee, Saulsbury — 9. 

N.ws — Messrs. Anthony, Cameron, Cattell, Cliandler, 
Cole, Conkling, Conness", Corbett, Cragin, Drake, Ed- 
munds, Fessenden, Fowler, Frelinghuysen, Grimes, 
Harlan, Hari'is, Howe, Kellogg, Morgan, Morrill of 
Maine, Morrill of Vermont, Nye, Osborn, Patterson of 
New Hampshire, Pomeroj% Ramsey. Rice, Robertson, 
Sherman, Spencer, Stewa"rt, Sumner, Thayer, Tipton, 
Trumbull, Van Winkle, Wade, Warner, Welch, Willey, 
Williams, Wilson, Yates — 14. 

[No general disability bill was passed at either 
the third session of the Fortieth Congress or the 
first session of the Forty-First.] 

The Bepresentation of Georgia. 

In House. 

1869, January 28 — Mr. Paine, from the Com- 
mittee on Reconstruction, reported the following 
preamble and resolution: 

Whereas it is provided by the reconstruction 
act, passed March 2 1867, tliat until the people 
of the lately rebellious Stales shall be by law 
admitted to representation in Congress, any civil 
government which may exist therein shall be 
deemed provisional only, and that no persons 
shall be eligible to office in such provisional gov- 
ernments who are disqualified lor office by the 
fourteenth amendment of the Constitution of the 
United States; and whereas it is reported that 
the legislature of Georgia has expelled the col- 
ored members thereof, and admitted to their 
peats white men who received minorities of votes 
at the polls, and that members of said legislature 
who had been elected thereto by the votes of 
colored men joined in such action, and that 
twenty-seven disqualified white men hold seats 
in said legislature in violation of the fourteenth 
amendment of the Constitution and of the recon- 
struction acts of Congress; and whereas Senators 
from Georgia have not yet been admitted to the 
Senate of the United States: therefore. 

Resolved. That the Committee on Reconstruc- 
tion be ordered to inquire and report whether 
any. and if any, what, further action ought to 
be taken during the Fortieth Congress respecting 
the representation of Georgia in this House. 

Under the operation o*" the previous question, 



the resolution was agreed to — yeas 128, nays 34, 
not voting 60. 

The Nats were: Messrs. Archer, Baker, Barnes, Beck, 
Boyer, Brooks, Burr, Gary, Chanler, Fox, Getz, GoUaday, 
Grover, Hai<jht. Hotchkis's. Humphrey, Thomas L. Jones, 
Kerr. Knott, Marshall, Nlblack, Phelps, Pruyn, Randall, 
Ross. Sitgrcavcs, Spalding, Stone, Tabcr, Tift, Van Auken, 
Wood, Woodward, Young— ^<^. 

The preamble was then agreed to — yeas 135, 
nays 34, not voting 53. 

The Nats were: Messrs. Archer, Barnes, Beck, Boyer, 
Brooks, Burr, Chanler, Fox, Getz, Glossbrenner, GoUaday, 
Grover, Haight, Hoichkiss. Richard D. Hubbard. Hum- 
phrey. Thomas L. Jones, Kerr, Knott, Marshall, Niblack, 
Phetps, Pruyn, Randall, Robinson, Ross, Sitgreaves, Stone, 
Taber, Tift, Van Auken, Wood, Woodward, Young — 34. 

The Committee made no report. 

Couuting' the Electoral Vote. 

In Senate. 

1869, February 6 — Mr. Edmunds submitted 
this concurrent resolution : 

Whereas the question whether tiie State of 
Georgia has become and is entitled to repre- 
sentation in the two houses of Congress is now 
pending and undetermined ; and whereas by the 
joint resolution of Congress passed July 20, 
1868, entitled " A resolution excluding from the 
electoral college votes of States lately in rebel- 
lion which shall not have been reorganized," it 
was provided that no electoral votes from any 
of the States lately in rebellion should be re- 
ceived or counted for President or Vice President 
of the United States until, among other things, 
such State should have become entitled to repre- 
sentation in Congress, pursuant to acts of Con- 
gress in that behalf: therefore. 

Resolved by the Senate, (the House of Repre- 
sentatives concurring.) That on the assembling 
of the two houses on the second Wednesday of 
February, 1869, for the counting of the electoral 
votes for President and Vice President, as pro- 
vided by law and the joint rules, if the counting 
or omitting to count the electoral votes, if any, 
which may be presented, as of the State of Geor- 
gia, shall not essentially change tiie result, in 
that case they shall be reported by the President 
of the Senate in the following manner: "Were 
the votes presented as of the State of Georgia to 

be counted, the result would be for , 

for President of the United States, votes; 

if not counted, for , for President of 

the United States, votes ; but in either 

case is elected President of the United 

States ; and in the same manner for Vice Presi- 
dent. 

February 8 — It was adopted — yeas 34, nays 
11, as follow: 

Yeas — Messrs. Abbott, Anthony, Cameron, Cattell, 
Cole, Conkling, Corbetl, Cragin, Drake, Edmunds, 
Frelinghuysen, Howard, McDonald, Morgan, Morrill 
of Maine, Morrill of Vermont, Morton, Nye, Pool, Ram- 
sey, Rice, Robertson, Ross, Sherman, Stew.art. Sumner, 
Tliayer, Tipton, Warner, Welch, Willey, Williams, 
Wilson, Yates— 34. 

Nats — Messrs. Buckalew, Davis, Fowler, Hendricks, 
McCrcery, Norton, Patterson of Tennessee, Saulsbury, 
Trumbull, Vickers, Whyte — 11. 

In House. 
February 8 — The rules were suspended — yeas 
97, nays 18, not voting 107 — so as to enable the 
House to take up this resolut; )n. The vote was 

as follows • 



394 



POLITICAL MANUAL. 



Yeas — Me«sr=. Allison. Ames, Ranks, Beatnan.Beatty. 
Benjamin. Benton, Blaine, Blair, Boles, Bowcn, Broom- 
all, BiukUiiul, Benjamin V. Butler, Koderiek R. Butler, 
Cliurehill. Cllfr, Cohl), Cobiirn, Corloj-, Cullom, Dawes, 
Delano, Dewoese. Dickey, Dixon, Do<ige, Eckley, Ela, 
Ferriss, Ferry, Garfield, Halsey, Hardim;, Hcaton, 
Higby, Hiii, Hooper, Hopkins, Chester D. HubVjard, 
Hulburd, Jenf'kes. Julian, Kelley, KellogK, Kelse\', 
Koontz, Laflin, Wdliam Lawrenee, Loan, Lojran, 
Loiiphridiie, Rlarvin, Maynard, McCarthy, McKee, 
Miller. Mooro, Moorhead, MuUins. Norris, Paine. Per- 
ham, Peter,-:, Pierce, Pile, Plants, Pric, Prince, Raum, 
Roots, Sawyer, Schcnck.Srnfirld.i^hanks.Slicllabarser, 
Starkweather.Stevens. Stewart, Stokes, Stover, Sypher, 
Tavlor, Thomas, Trowbridge, Twiehell, Upsou. Robert 
T. Van Horn. Vidal, Henry D. Washburn, William B. 
Washburn, Wolker, Whittemore, William Williams, 
James F. Wilson, John T. Wilson, Windoni— 97. 

N.\TS — Messrs. Baker, Boyden, Bo>/cr, Farnsworth, 
Geiz, Hoi man, Hotchkiss, Johnson, Thomas L. Jones, 
JVibiack, Phelps, Randall, Boss, Taber, Van Auken, Van 
Trump, Woodward, Young — 18. 

The resolution was then taken up, and con- 
curred in. 

PROCEEDINGS UNDER THIS RESOLUTION. 

On "Wednesday. February 10, the two houses 
met in the Hall of the House for the purpose of 
opening and counting the votes for President 
and Vice President. 

The President of the Senate then proceeded to 
open the certificates of the electors of the several 
States, autliorized to be represented in the elec- 
toral college * for President and Vice President. 
Upon the certificate of the electors of Louisiana 
being read — 

Mr. Mullins objected to the counting of the 
vote of Louisiana, upon the ground that no valid 
election of electors had been held in said State. 

The Senate withdrew, and voted 

That the votes of the electors of the State of 
Louisiana be counted — yeas 51, nays 7, as fol- 
low : 

Yeas — Messrs. Abbott, Anthonj', Buckalew, Cameron, 
Cattell,Cole, Conkling,Conness, Corbett, Cragin, Davis, 
Dixon. Doolittle, Drake, Edmunds, Ferry, Fessenden, 
Fowler, Frelinghuysen, Grimes, Harlan, Harris, Hen- 
dricks, Howe, Kellogg, McCrecnj, McDonald, Morgan, 
Morrill of Vermont, Osborn, Patterson of New Hamp- 
shire, Pattersonof Tennessee, Pool, Ramsey, Rice, Ross, 
Saulsburii, Sawyer, Sherman, Spencer, Sprague, Stewart, 
Tipton, Trumbull, Van Winkle, FicA:er«, Warner, If %<fi, 
Willey, Williams, Yates — 51. 

Nats — Messrs. Chandler, Howard, Nye, Robertson, 
Sumner, Thayer, Wilson — 7. 

The House voted to count the vote of Louisi- 
ana — yeas 137 nays 63, not voting 22, as follow : 

Yeas — Messrs. Allison, Ames, Axtell, Baker, Barnes, 
Barnum, Beaman, Beatty, Beck, Benjamin, Bingham, 
Blaine, Blair, Boyden, Boi/cr, Bromwell, Brooks, Broom- 
all, Buckland, Burr, Roderick R. Butler, Cari/, Chanler, 
Churchill, Coburn, Cullom, Delano, Deweese, Dickey, 
Dixon, Doekery, Dodge, Eggleston, Eldridge, Farns- 
worth, Ferriss, Ferry, Garfield, Getz, Glossbrenner, Gol- 
iada.iy, Gove, Gravely," Grover, Haiyht, Halsey, Hawkins, 
Heaton, Higby, Hill, Holman, Hooper, Hopkins, Hotch- 
kiss, Asahel W. H ubbard, Humphre;/, Ingersoll, Jenckes, 
Johnson, Alexander H. Jones, Thomas L. Jones, Judd, 
Kelley, Kellogg, Kerr, Ketcham, Kitchen, Knott, 
Koontz, Laflin, Lash, George V. Lawrence, William 
Lawrence, Lincoln, Logan, Loughridge, Mallory, Mar- 
shaU,MiiTvm, McCarthy, 3JcCormick, McCulluuijh, Miller, 
Moore, Moorhead, Mungen, Nevvi;omb, Aiblack, Nichol- 
son, Norris, Nunn, Peters, Phelps, Pike, Pile, Plants, 
Poland, Polsley, Price, Pruyn, Randall. Raum, Robert- 
eon, Rfjss, Sawyer, Schenci<'. S^'cfichl, Selye, Shellabar- 
ger,iS'it3reai;es, Smith, Spaldinu', Starkweather, Stewart, 
Stokes, Stone, Taber, Tatte, Taylor, Thomas, Tift, John 
Trimble, Trowbridge, Twiehell, Van Auken, Burt Van 
Horn, Van Trump, Ellihu B. Washburne, William B. 
Washburn, Welker, James F. Wilson, John T. Wilson, 
Windom, Wood, Woodbridge, Woodward, Young — VSl. 

Nays — Messrs. Delos R. Ashley, James M. Ashley, 



• For law governing this point, see Political Manual 
for 1808, p. lia, or Hand Book of Politics for 1808, p. 397. 



Banks, Benton, Blaekliurn. Boles, Bontwell, Bnwon. 
Buckley, Benjamin F. Butler, Cake, Callis, Reader W. 
Clarke, Sidney Clarke, Clift, Cobb, Corley, Covode, 
j>iwes, Donnelly, Dri2;gs. Ecl^ler, Edwards, Ela, 
Th:imas D. Eliot, James T, EPiot't. Fields, Fren^n, 
Hamilton, Harding, Haughey, Chester D. Hubbard, 
Hulburd, Hunter, Julian, Kelsey, Loan, Maynard, Mo» 
Kee, Morrell, Mullins, Newshani, O'Neill, oVth, Paine, 
Perham, Pettis, Pierce. Prince, Roots, Shanks, Stevens, 
Stover, Upson. Van Aernam, R. T. Van Horn, Van 
Wyck, Vidal, Ward, Henry D. Washburn, Whittemore, 
Thomas Williams, William Williams — 03. 

The Senate returned, and the vote of Lou- 
isiana was then counted. 

The certificates of all the States except Georgia 
having been read, and that of Georgia having 
been read, 

Mr. Benjamin F. Butler submitted the follow- 
ing objection to counting the vote of Georgia: 

First. I object, under tlie joint rule, that the 
vote of the State of Georgia for President and 
Vice President ought not to be counted, and 
object to the counting thereof because, among 
other things, the vote of the electors in ttie elec- 
toral college was not given on the first Wednes- 
day of December, as required by law, and no 
excuse or justification for the omission of such 
legal duty is set forth in the certificate of the 
action of tlie electors. 

Second. Because, at the date of the election 
of said electors, the State of Georgia had not 
been admitted to representation as a State in 
Congress since the rebellion of her people, or 
become entitled thereto. 

Third. That at said date said State of Georgia 
had not fulfilled, in due form, all the require- 
ments of the Constitution and laws of the United 
States known as the "reconstruction acts," so as 
to entitle said State of Georgia to be represented 
as a State in the Union in the electoral vote of 
the several States in the choice of President and 
Vice-President. 

Fourth. That the election pretended to have 
been held in the State of Georgia, on the first 
Tuesday of November last past, was not a free, 
just, equal, and fair election, but the people of 
the State were deprived of their just rights 
therein by force and fraud. 

The Senate withdrew ; and voted 

That, under the special order of the two Houses 
respecting the electoral votes from the State of 
Georgia, the objections made to the counting of 
the electors for the Slate of Georgia are not in 
order — yeas 31, nays 26, as follow : 

Yeas— Messrs. Abbott, Anthony, Buckalew, Cattell, 
Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Ed- 
munds, Fowler, Frelinghuysen, Grimes, Hendricks, 
Kellogg, McCreery, Morrill of Maine, Blorrill of Ver- 
mont, Morton, Patterson of New Hampshire, Patterson 
of Tennessee, Ross, Saulsbury, Sawyer, Sherman, 
Sprague, Stewart, Tipton, Vickers, Wht/te, Williams— :!1. 

Nays — Messrs. Cameron, Chandler, Cole, Conkling, 
Drake, Ferry, Fessenden, Harlan, Harris, Howe, Mc- 
Donald, Morgan, Nye, Pool, R.amsey, Rice, Robertson, 
Spencer. Sumner, "Thayer, Trumbull, Van Winkle, 
Wade, Warner, Willey, Yates— 26. 

Mr. Howard ofl'ered this resolution : 
Resolved, That the electoral vote of Georgia 
ought not to be counted. 

VVhich, being entertained as in order, was 
disagreed to — yeas 25, nays 34, as follow : 

Yeas— Messrs. Abbott, Cameron, Chandler, Cole, 
Conklinir. Drake, Harlan, Harris, Howard, Howe, Kel- 
logg, McDonald, Nye, i islxirn, Ramsey, Rice, Robert- 
son, Sawyer, Spencer, Stewart, Sumner, Thayer, Wado, 
Wilson, Yates — 2,5. 
Nays— JSuCitoieu), Conness, Corbett, Cragin, DaviM, 



POLITICAL VOTES. 



395 



Dixon, DooUttlc, Edmunds, Ferry, Fesscnden, Fowler, 
Frelini^huvsen, Grimes, Hendricks, McCreer;/, Morgan, 
Morrill of Maine, Morrill of Vermont, Morton, Pat- 
terson of New Hampshire, Patterson of Tennessee, 
Pool. Ross, i^auUhnry, Sherman, Sprasue, Tipton, 
Trumbull, Van Winkle, Fic^crs, Warner, H''%^c, Willey, 
Williams— 34. 

Tlie House voted oa the question. Shall the 
vote of Georgia be counted ? Yeas 41, nays 150, 
(not votiui.^ 31,) as follow : 

Yeas— Messrs Axtell, Baker. Barnes. Barnum. Beck, 
Boi/er, Brooks, Burr, Gary, Chanler, Eldridge, Farns- 
woVth. Gctz. Glossbrenner, Golladaii, Graver, HaUjht, 
Hawkins, Ilolnian, Hotchkiss. Hnmphreij. Johnson. T. L. 
Jones Kerr, Knott. Marshall. McC'ormick, Mungen, Nichol- 
sun, Phelps, Pruyn, Randall. Ross. Sitgreavcs, Taker, Tift, 
Van Aukcn, Van Trump, Wood, Woodward. Young — 41. 

Navs— Messrs. All ison. D. E. Ashley. J. M. .Ashley, Bald- 
win, Banks, Beaman. Beatty, Benjamin, Benton, Bing- 
ham, Blaine, Blair, Boles, Boutwell, Bovven, Boyden, 
Bromwell, Bioomall, Buckland, Buckley, Benj. F.But- 
ler, Roderick R. Butler, Cake, Callis, Churchill, Reader 
W. Clarke. Sidney Clarke, Clift, Cobb, Cohurn, Corley, 
Covode. CuUom, Dawes, Deweese, Dickey, Dixon, 
Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, 
Ela, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, 
Fields, French, Garfield, Goss, Gove, Gravely, Halsey, 
Hamilton, Harding, Haughey. Heaton, Higby, Hill, 
Hooper. Hopkins, Chester D. Hubbard, Hulburd, Hun- 
ter. IngersoU, Jenckes, Alexander H. Jones, Judd, 
Julian, Kelley, Kellogg, Kclsey, Ketcham, Kitchen, 
Koontz, Laflin, Lash, George V. Lawrence, William 
Lawrence, Lincoln, Loan, Logan. Loughridge, Mallory, 
Marvin, Maynard, McCarthy, McKee, Miller, Moore, 
Moorhead. Morrell, Mullidis, Newcomb, Newsham, Nor- 
ris, O'Neill, Ortli, Paine, Perham, Peters, Pettis, Pierce, 
Pike, Pile, Plants, Poland, Polsley, Price, Prince, 
Raum, Robertson, Roots, Sawyer, Schenck, Seofield, 
Selve, Shanks, Shellabarger, Starkweather, Stevens, 
Stewart, Stokes, Stover, Sypher, Taffe, Taylor, Thomas, 
Trimble, Trowbridge. Twichell, Upson, Van Aernam, 
Burt Van Horn, Robert T. Van Horn, Van Wvck, Vidal, 
Ward, EUihu B. Washburne, Henry D. Washburn, 
William B. AVashburn, Welker, Whittemore, Thomas 
Williams, James F. Wilson, John T. Wilson, Stephen 
F. Wilson, Windom— 150. 

The Senate returned, and the vote of Georgia 
was counted in the manner provided by the 
concurrent resolution, and Ulysses S. Grant was 
declared duly elected President, and Schuyler 
Colfax Vice-President of the United States for 
four years, commencing on the 4th day of March, 
1869. 

For the Further Security of Equal Rights in the 
District of Columbia. 

1869, February 11 — The Senate passed the 
following bill without division : 

Fortieth Congress, Third Session. 

Be it enacted, &c.. That the word "white," 
wherever it occurs in the laws relating to the 
District of Columbia, or in the charter or ordi- 
nances of the cities of Washington or George- 
town, and operates as a limitation on the right 
of any elector of such District, or of either of 
the cities, to hold any office, or to be selected and 
to serve as a juror, he, and the same is hereby, 
repealed ; and it shall be unlawful for any per- 
son or officer to enforce or attempt to enforce 
said limitation after the passage of this act. 
In House. 

March 2 — It passed, without a call of the yeas 
and nays. 

March 3 — It was presented to the President 
(Johnson), and "pocketed." 

Forty- First Congress, First Session. 

March 8 — The Senate passed the same bill, 
without a division. 



March 16 — The House passed it — yeas 111, 
uays 46, (not voting 39,) as follow : 

Yeas— Messrs. AmljJer, Armstrong, Arnell, Aspen 
Bailey. Banks, Beaman, Beatty, Benjamin, BontoUi 
Bingham, Blair, Boles, Boyd, Biittinton, Burdett, Ben- 
jamm F Butler. Roderick'R. Butler, Cessna, Churchill, 
"Clarke, Amasa Cob!), Clinton L. Cobb, Conner. Cullom, 
Davis. Davfes, Deweese, Dockery, Donley, JJuval, Dyer, 
Ela, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Gar- 
field, GillJUan, Hafe, Hoaton, Hoar, Hooper, Hopkins, 
Hotchkiss, IngersoU, Jenckes, Alexander H. Jones, 
Judd, Julian, Kelley, Kelsey, Ketcham. Knapp. Latlin, 
Lash, Lawrence, Loughridge, Maynard. McCarthy, 
McCrarv. McGrew. Mercur, Eliakim H. Moore, Jesse H. 
Moore, William Jloore, Morrell. Morrill, Negley, O'Neill. 
Orth, Packard, Paine, Palmer, Peters, PheTps, Poland, 
Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, 
Schenek, Seofield, Shanks, John A.Smith, William J. 
Smith, William Smyth, Stevenson, Stokes, Stoughtor, 
Strickland, Taflfe, Tanner, Tillman. Townsend, Twich- 
ell. Tyner, Upson, Van Horn, Cadwalader C. Washburn, 
William B. Washburn. Welker, Wheeler, Whittemore, 
Wilkinson, Willard, Williams. Winans— 111. 

Nats — Messrs. Archer, Axtell, Beck, Biggs, Bird, Brooks, 
Burr, Calkin, Crebs. Dickinson, Eldridge, Getz, Golladay, 
Haight, Haldeman, Ilamill, Holman, Johnson, Thomas L. 
Jones, Knott. Marshall, Maiiham. McCormick. McNeely, 
Moffet. Morgan. Mungen, Niblack, Potter, Reading, Reeves, 
Rice, Sloeum, Joseph S. Smith, Stone, Strader, Swann, 
Sweeneu, Trimble, Van Auken. Van Trump, Wells, Eugene 
M. Wilson, Winchester, Witcher, Wood — 40. 

The bill was approved by President Grant, 
March 18, 1869. 

BILL TO STRENGTHEN THE PUBLIC CREDIT. 

Fortieth Congress. 

In House. 
1869, February 24— This bill passed : 
An Act to strengthen the public credit, and re- 
lating to contracts for the payment of coin. 
Be it enacted, &c.. That in order to remove 
any doubt as to the purpose of the Government 
to discharge all just obligations to the public 
creditors, and to settle contiicting questions and 
interpretations of the laws by virtue of which 
such obligations have been contracted, it is 
hereby provided and declared, that the faith of 
the United States is solemnly pledged to the 
payment in coin, or its equivalent, of all the 
interest-bearing obligations of the United State?, 
except in cases where the law authorizing the 
issue of any such obligation has expressly pro- 
vided that the same may be paid in lawful 
money or other currency than gold and silver: 
Provided, however. That before any of said in- 
terest-bearing obligations not already due shall 
mature, or be paid before maturity, the obliga- 
tions not bearing interest, known as United 
States notes, shall be made convertiljle into coin 
at the option of the holder. 

Sec 2. That any contract hereafter made spe- 
cifieally payable in coin, and the consideration 
of which may be a loan of coin, or a sale of pro- 
perty, or the rendering of labor or service of 
any kind, tlie price of whicli, as carried into the 
contract, may have been adjusted on the basis 
of the coin value thereof at the time of such sale 
or the rendering of such service or labor, shall 
be legal and valid, and may be enforced accord- 
ing to its terms ; and on the trial of a suit 
brought for the enforcement of any such con- 
tract, proof of the real consideration may be 
given. 

Yeas 121, nays 60, (not voting 41,) as follow: 

Yeas — Messrs. Allison, Ames, Anderson, Arnell, Delos 

R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, 



396 



POLITICAL MANUAL. 



£arn'(rtj,BcaniiUi,Bonjnmin.Bonton,Blookburn, Blaine, 
Blair, Bnvdon, Bnt/er. Brooks. Broomall, Buckley, Callis, 
Chaulcr, Cluirrhili, Reader W. Clarke, Sidney Clarke, 
Clif;. Corlov, Cornell, Cullom. Dawes, Delano, Dixon, 
Dodu'o, Driggs. Eckley, Thomas D. Eliot, James T. El- 
liott," Ferriss, Ferry. Fields, Garfield, Gctj. Glossbrcnncr, 
Gove, (iri.-wnld. Ilidsey, Harding, Hoaton. Higby, Hill, 
Hooper. Hotchkus!;. Chester D. Hubbard, Richard D. 
JIahU.ird. lliilburd..jfuekes, Alexander H.Jones, Judd, 
,)iilian, Kellost;. Kelsey, Ketcham, Kitchen, Koontz, 
Lattiii. Las li, George V. Lawrence, Lynch, Marvin, May- 
lu.rd. ."\KKee, Mercur, Miller, Moore, Moorhead, Mor- 
ri'll. .^Iiillins, Myers, Newcomb, Newsham, Norris, 
(_)'.\'eill, P.iine, Perham, Peters, Pettis, Phelps, Plants, 
Poland, Pomeroy, Price, Raum, Robertson, Robinson, 
Roots. Sawyer, Schenck, Scotield, Shcllabarger, Smith, 
Spaldiuir, Starkweather, Stewart, Stover, Tabcr, Taylor, 
Ti-owbridue, Twichell. Upson, Van Aernam, Burt Van 
lloni. Rohert T. Van Horn, Ward, Cadwalader C. Wash- 
bini, William B. Washburn, Welker, Whitteraore, 
Thomas Williams, James F. Wilson, Windom— 121. 

Navs— Messrs. Archer, Baker, Beatty, Beck, Bowen, 
Bromwell. Burr, Benjamin F. Butler, Roderick B. But- 
ler, Cake, Oibb, Coburn. Cook, Covode, Devveese, Don- 
nelly, Eggle.-^ton, Ela, Eldriihie,Farni<woHh,Fox, French, 
Gotiadat/, G'lss, Grover,Hai<jht. Hawkins, Holman, Hop- 
kins, Ilumphrcii. Hunter, lugfrsull, Johnson, Thomas L. 
Jonea. Kellev, A'f/T. Knott. William Lawrence, Lough- 
ridge, Marshall, McCormick, Mungcn, Niblack, Nunn, 
Orth, Pike. Ross. Shanks, Stevens, Stokes, Stone. Taffe, 
Thomas, Tift. Van Trump,llenry D. Washburn, William 
W'illiams, John T. Wilson, Wood, Young— 60. 

Pending the passage, 

Mr. Niblack moved to strike out the first sec- 
tion, which was lost — yeas 54, nays 130, (not 
Voting 38,) as follow : 

Yeas — Messrs. Archer, Baker, Barnes, Beatty, Beck, 
Bowen, Burr, Roderick R. Butler, Cobb, Coburn, De- 
weese, DonnellJ^ Eggleston, Ela, ^Wridf/e.Farnsworth, 
Fox, Getz, Golladaji, Goss, Gravely, Grover, Haight, 
Hawkins, Holman. Hopkins, i/ump/ij-e!/, Hunter, Inger- 
soU, Johnson, Tho7nas L. Jones, Kerr, Knott. Loan, Mar- 
sJiall. McCormick, Mungen, Niblack, Orth, Pike, Pruyn, 
Rons. Shanks. Stevens, Stokes, Stone, Tatte, Tift, Van 
Aukcn, I'oH Trump, Henry D. Washburn, John T. Wil- 
ton, Wood, Young — 'A. 

Nays — Messrs. Allison, Ames, Anderson, Arnell, Delos 
R. Ashley. James M. Ashley, Axtell, Baldwin, Banks, 
Barnum.'Bea,ma.n, Benjamin, Benton, Bingham, Black- 
burn, Blaine, Blair, Boutwell, Boyden, Boyer, Bromwell, 
Brooks, Bi-oomall, Buckley, Cake, Chanter, Cliurchill, 
Reader W. Clarke, Sidney Clarke, Clift.Corley, Cornell, 
Covode, Cullom, Delano, Dickey, Dixon, Dockery, 
riodge, Diiggs, Eckley, Thomas D. Eliot, James T. 
Elli'itt. Fi-rriss, Ferry, Fields, Gto.s.s6re»ner, Gove,Gris- 
wold. llaUev, Harding, Heaton, Higby, Hill, Hooper, 
JloichkiiS. Chester D. Hubbard, Richard D. Hubbard, 
Hulburd. Jenekes, Alexander H. Jones, Judd, Julian, 
Kelley. Kellogg, Kelsey, Ketcham, Kitchen, Koontz, 
Latlin, Lash. George V. Lawrence, William Lawrence, 
Logan. Lynch. Mallory, Marvin, IMaynard, McKee, Mer- 
cur, Miller. l\Ioore, INIoorhead, Muilins, Myers, News- 
li.im, Norris, O'Neill, Paine, Perham, Peters, Pettis, 
Ph'-lps. Pierce, Pile, Plants, Poland, Pomeroy, Price, 
Prince, Raum, Robertson, Roots, Sawyer, Schenck, 
Scoiield, Sliellabarger, Smith, Spalding, Starkweather, 
Stewart, Stover, TaVjer, Taylor, Thomas, Trimble, Trow- 
bridge. Tvviirhell, Upson, Van Aernam, Burt Van Horn, 
Ward. Cadwalader C.Washburn, William B.Washburn, 
Welker. Whittemore, Thomas Williams, William Wil- 
liams, James F. Wilson, Windom— 130. 

.\ir Alli.-un moved to strike out the second sec- 
tion, which was lost — yeas 72, nays 100, (not vot- 
ing 50,) as follow : 

Yeas— Messrs. Allison, Baker, Beatty, Beck, Benton, 
Bowen, lironiwcll, Benjamin F. Butler, Cake, Clift, 
Cobb, Coburn, Cook, Cornell, Cullom, Deweese, Dickey, 
l»onnelly, Eckley, Ela, EldrUigc, Farnsworth, Ferriss, 
Ferry, Fox, Goltada;/, Hosa, Gravely, Hawkins, i/oiwian, 
Ho'iper. Hopkins, Hunter, Ingersoll, Kelley, Kelsey, 
Knott, Koontz. William Lawrence, Loan, Loughridge, 
Lynch, .Mavnard. Miller, 51 core. Morrell, Muilins, 
Mungcn. Myers, Niblack, Nunn, O'Xeill, Orth, Peters, 
Robertson. ii04.s. Sawyer, Shanlcs, Shcllabarger, Smith, 
Stevens, Stokes, Tatfe. Thomas, Tift, Upson, Van 
Trump. Henry D. Washburn, Thomas Williams, Wil- 
liam Willi.ims, John T. Wilson, Young — 72. 

Nays — Messrs. Ames. Anderson. ylrc/iCT-. Arnell, Delos 
Pi. Ashl'-y, James M. Ashley, Axicll, Baldwin, Banks, 



Barnes, Barmim, Beaman, Benjamin, Blackburn, Blair, 
Boyden. Boyer, Brooks, Broomall, Burkliy. Ivoder- 
ick R. Butler, Callis, Chanter, Churchill, Reader W. 
Clarke, Corley, Covode, Dawes. Delano, Dixon, Dodge, 
Driggs, Edwards. Thomas D. Eliot, James T. Elliott, 
Fields, Getz, Glossbrcnner, Gove. Griswold, Grover, 
I/aight. Halsey, Harding, Heaton, Hotchkiss. Chester D. 
Hubbard, Richard D. i/u6'jarrf. Hulburd, Jenekes, John- 
son, Alexander H. Jones. Thomas L. Jones, Judd. .Julian, 
Kerr. Iveteham, Kitchen. Latlin, Lash, George V. Law- 
rence, Mallory, Marvin, McCormick, McKee. Mercur, 
l\Ioorhead, Newsham, Norris, Paine, Perham, Phelps, 
Pierce, Pike, Plants, Poland, Pomeroy, Price, Prui/n, 
Raum, Schenck, Scotield, Spalding, Starkweather, 
Stewart, Stone, Stover, Taber, Taylor, Trowbridge, 
Twichell, Van Aernam, Vari Auken, Burt Van Horn, 
Hamilton, Ward, William B. Washburn, Welker, 
Whittemore, James F. Wilson, Wood — 100. 

In Senate. 

February 26 — The bill was reported back 
from the Committee on Finance, amended so 
as to read as follows : 

An Act relating to the public debt. 

Be it enacted, &c.. That in order to remove 
any doubt as to the purpose of the Government 
to discharge all just obligations to the public 
creditors, and to settle conflicting questions and 
interpretations of the laws by virtue of which 
such obligations have Leen contracted, it is here- 
by provided an<l declared, that the faith of the 
United States is solemnly pledged to the pay- 
ment in coin, or its equivalent, of all the obli- 
gaions of the United States, except in cases 
where the law authorizing the issue of any such 
obligation has expressly provided that the same 
may be paid in lawful money or other currency 
than gold and silver. 

Sec. 2. That any contract hereafter made 
specifically payable in coin, and the consiaera- 
tion of which may be a loan of coin, or a sale 
of property, or the rendering of labor or ser- 
vice of any kind, the price of which, as earned 
into the contract, may have been adjusted on 
the basis of the coin value thereof at the time 
of such sale or the rendering of such service or 
labor, shall be legal and valid, and may ba 
enforced according to its terms. 

February 27 — Mr. Henderson moved to amend 
the first clause of the second section by making 
it read as follow : 

That any contract hereafter made specifically 
payable in coin shall be legal and valid, and may 
be enforced according to its terms. 

Which was not agreed to — yeas 10, nays 35, 
as follow : 

Yeas — Messrs. Cole, Conkling, Corbett, Dixon, Fes- 
senden, Henderson, Pomeroy, Ross, Stewart, Trum- 
bull— 10. 

Nats — Messrs. Abbott, Anthony, Cameron, Cattell, 
Chandler, Conness, (^ragin, Dam, Doolittle, Drake. Ed- 
munds, Ferry, Frelinghuysen, Harlan, Howe, Kellogg, 
McCreery, McDonald, Morgan, Morrill of Vermont, 
Morton," Nye, Osborn, Patterson of New Hampshire, 
Ramsey, Rice, Sawyer, Sherman, Sumner, Thayer, 
Wade, Welch, Willey, Williams, Wilson— 35. 

Mr. Bayard moved to strike out the second 
section, which was not agreed to — yeas 7, nays 
36, as follow : 

Yeas — Messrs. Chandler, Cole, Davis, Doolittle, Fow- 
ler, Howe, Wade— 7. 

Navs — Messrs. Abbott, Anthony, Cameron, Cattell, 
Conkling, Conness, CorVjett, Cragin, Dixon, Drake, Ed- 
mimds. Ferry, Fessendon, Frelinghuysen, Harlan, 
Kellogg, McCreery, M(^Donald, Morgan, Morrill of Ver- 
mont, Morton, Nye, Osborn, Patterson of New Hamp- 
shire, Pomeroy, Ramsey, Ross, Sherman, Stewart, 
Sutrmer, Thayer, Trumbull, Welch, Willey, Williams, 
Wilson— 30. 



POLITICAL VOTES. 



397 



Mr. Henderson moved to amend the first sec- 
tion so as to make it read as follows : 

That it is hereby provided and declared that 
the faith of the United States is solemnly pledged 
to an early resumption of specie payment by the 
Government in order that conflicting questions 
touching the mode of discharging ihe public in- 
debtedness may be settled and that the same 
may be paid in gold. 

Which was not agreed to — yeas 8, nays .34, as 
follow : 

Yeas— Messrs. Cole, Davis, Henderson, Morton, Pom- 
eroy, Robertson, Boss, Spencer— 8. 

Nats— Anthony, Cattail, Conkling, Conness, Corbett, 
Cragin, Dixon, Edmunds, Ferry, Fessenden, Freling- 
huysen. Grimes, Harlan, Harris, Howard, McDonald, 
Morgan, Morrill of Maine, Morrill of Vermont, ISye, 
Osborn, Patterson of New Hampshire, Sawyer, Sher- 
man, Stewart, Sumner, Thaver, Tipton, Wade, Warner, 
Welch, Willey, Williams, W'ilson— 34. 

The bill, as amended by the report of the Com- 
mittee on Finance, was then passed — yeas 30, 
nays 16, as follow : 

Yeas — Messrs. Abbott, Cattell, Conkling, Conness, 
Corbett, Cragin, Dixon, Edmunds, Ferry, Fessenden, 
Frelinghuysen, Grimes, Harlan, Harris, Howard, Mor- 
gan, Morrill of Maine, Morrill of Vermont, Nye, Patter- 
son of New Hampshire, Robertson, Sawyer, Sherman, 
Stewart, Sumner, Thayer, Tipton, Willey, Williams, 
Wilson— 30. 

Nats — Messrs. Cole, Davis, Doolittle, Fowler, Hender- 
son, Hendricks, McCreery, McDonald, Morton, Osborn, 
Patterson of Tennessee,Pomeroy, Ross, Spencer, Wade, 
Welch— 16. 

The title was amended so as to read "An act 
in relation to the public debt." 

March 2 — The House non-concurred in the 
amendments of the Senate, and a committee of 
conference (Messrs. Schenck, Allison, and Nib- 
lack) appointed. 

Same day — The Senate insisted on its amend- 
ments, and appointed Messrs. Sherman, Williams, 
and Morton a conference committee. 

March 3 — The committee reported the follow- 
ing bill : 

An Act to strengthen the public credit, and re- 
lating to contracts for the payment of coin. 
Be it enacted, &c., That in order to remove 
any doubt as to the purpose of the Government 
to discharge all just obligations to the public 
creditors, and to settle conflicting questions and 
interpretations of the laws by virtue of which 
such obligations have been contracted, it is 
hereby provided and declared, that the faith of 
the United States is solemnly pledged to the 
payment in coin, or its equivalent, of all the 
obligations of the United States not bearing 
interest, known as United States notes, and of 
all the interest-bearing obligations of the United 
States, except in cases where the law authorizing 
the issue of any such obligation has expressly 
provided that the same may be paid in lawful 
money or other currency than gold and silver. 
But none of said interest-bearing obligations 
not already due shall be redeemed or paid before 
maturity, unless at such time United States notes 
ehall be convertible into coin at the option of the 
holder, or unless at such time bonds of the United 
States bearing a lower rate of interest than the 
bonds to be redeemed can be sold at par in coin. 
And the United States also solemnly pledges its 
faith to make provision at the earliest practica- 



ble period for the redemption of the United Statea 
notes in coin. 

Sec. 2. That any contract hereafter made spe- 
cifically payable in coin, and the consideration 
of which may be a loan of coin, or a sale of 
property, or the rendering of labor or service of 
any kind, the price of which, as carried into the 
contract, may have been adjusted on the basis of 
the coin value thereof at the time of such sale or 
the rendering of such service or labor, shall be 
legal and valid, and may be enforced according 
to its terms ; and on the trial of a suit brought 
for the enforcement of any such contract, proof 
of the real consideration may be given. 

Same day — The Senate agreed to the report — 
yeas 31, nays 24, as follow : 

Yeas — Messrs. Abbott, Anthony, Cameron, Cattell, 
Chandler, Conkling, Conness, Corbett, Cragin, Dixon, 
Drake, Edmunds, FeiTy, Fessenden, Frelinghuysen, 
Harris, Howard, Morgan, Morrill of Maine, Morrill of 
Vermont, Nye, Patterson of New Hampshire, Ramsey, 
S^ierman. Stewart, Sumner, Trumbull, Van Winkle, 
Warner, Willey, Williams— 31. 

Nats — Jlessrs. Ba>/ard, Buckalew, Cole, Davis, Doolittle, 
Fowler, Hendricks, Ke\\oy:i;, McCrecrij, McDonald, Mor- 
ton, Norton, Osborn, Patterson of Tennessee, Robert- 
son, Ross, Sawyer, Spender, Sprague, Thayer, Tipton, 
Vickers, Wade, Whyte — 24. 

Same day — The House adopted tlie report — 
yeas 117, nays 59, (not voting 48,) as follow: 

Yeas — Mes.srs. Allison, Ames, Arnell, Delos R. Ash- 
ley, James M. Ashley, Aitell, Bailey, Birnes, Barnum, 
Beaman, Benjamin, Benton, Bingham. Blair, Boutwell, 
Bowen, Boyden, Brooks, Broomall, Buckley, Cake, 
Callis, Chnnler, Churchill, Reader W. Clarke, Sidney 
Clarke, Clift, Corley, Cornell, Cullom, Dawes, Dickey, 
Dixon, Dodge, Eckley, Thomas D. Eliot, James T. 
Elliott, Ferriss, Ferry, Fields, Garfield, Gove. Gris- 
wold, Halsey, Haughoy, Heaton, Higby, Hill, Hooper, 
Hotchkiss. iiiehard D. Hiibbnrd. Hulburd, Jonekes, 
Alexander H Jones, Judd, Julian, Kellogg, Kelsey, 
Keteham, Laflin, Lash, George V. Lawrences, Lincoln, 
Logan, Lynch, Mallory, Marvin, Maynnrd. McCarthy, 
McKee, Mercur, Miller, Moore, Moorliead, Morrell, 
Mullins, Myers, Newsham. Norris. O'Neill, Paine, Per- 
ham, Peters, Phelps, Pile, Plants, Poland. Price, Prince, 
Raum, Robertson, Robinson, Roots, Sawyer, Schenck, 
Scofield, Shellabarger, Smith, Starkweather, Stevens, 
Stewart, Stover, Sypher. Taher, Tajdor, Trowbridge, 
Twichell, Upson, Hurt Van Horn, Van 'Wyck, Ward, 
Cadwalader C. Washburn. William B. Washburn, Wel- 
ker, Whittemore, James F V/ilson, Woodl>r'dge — 117. 

Nats — Messrs. Admns, Archer, Baker, Beatty, Beck, 
Boyer, Bromwell, Burr. Benjamin F Butler. Roderick 
R. Butler, Cai'y, Cobb, Coburn. Cook, Deweese, Dock- 
ery, Donnelly, Eggleston, Eidridge, Farn-^worth, Getz, 
GoUaday, Goss, Hairjht, Harding, Hawkins, Ilulman, 
Hopkins, Hunter, Iiigersoll, Johnson, Thomas L. Jones, 
Kerr, Knott, William" Lawrence, Marshall, McCormick, 
McCn'lough, Mungen, Niblack.Orth, Pnrm, Randall, Ross, 
Shanks, Sitgreaves, Stone, Thomas, Tift, Trimble, Van 
."Vcrnam, Van Auken. Van Trump, Heniy D. Washburn, 
William Williams, Stephen F. Wilson, Wood, Woodward, 
Young — 59. 

The President (Johnson) "pocketed" the bill. 

[For other votes on this subject in first session, 

Forty-First Congress, see a subsequent chapter] 

TENUEE-OF-OFFICE ACT. , 

Fortieth Congress, Third Session. 

In House. 
1869, January 11 — A bill to repeal an act 
regulating the tenure of certain civil offices, passed 
March 2, 1867,* was introduced by Mr. H. D. 
Washburn, and read a first and second time. 
The previous question on the engrossment of the 



* For copy of the act, and votes on passage, see Po- 
litical Manual for 1867, pp. 50, 51 ; and Hand Book of 
Politics, pp. 176, 177. 



398 



POLITICAL MANUAL. 



bill was onieiefl — }'eas IIG, nays 47; and the 
bill was ordered engrossed, and was read a third 
time. It was then passed — yeas 121, nays 47, 
not voting 53, as follow : 

Yeas — Messrs. Allison, Anderson, Axtehl, Bailey, Bald- 
win, Banks, Barnum, Beaman, Beck. Bingliam, Blaine, 
Blair, Boutwell, Bi.'wcn, Boydcn, Buckley, Burr, Ben- 
jamiu F. Builer, Roderick R. Butler, Callis, Can/, Chan- 
/er. Reader V;'. Clarke, Sidney Clarke, curt. Cobb, Coburn, 
Cook, Corley, Cornell, Cullum, Dawes, Deweese, Dixon, 
Driggs, Eekie.v, Eklridiic, Tliomas D. Eliot, Fields, 
Fox, Getz, Ghssbrcnner, Gullada;/, Goss, Gove, Griswold, 
Grovcr, Haiglit, Halsey, Haughcy, Heaton, Hooper, 
Hopkins, Hotchkiss, Hu'mphreij, Hunter, Ingersoll, John- 
son, Alexander H. Jones, Thomas L. Jones, .ludd, 
Julian. Kelley, Kellogg, Kerr, Ketcham, Knott, Lash, 
George V. Lawrence, J>incoln, Loughridge, JIallory, 
Marvin, McCormick, McCuUough. Miller, Mungen, New- 
comb, A'iblack, yicliolson, Norris, O'Neill, Paine, Peters, 
Pettis, Phelps, Plants, Price, Prince. Robertson, llohin- 
son, Roots, Sawyer, Scofield, Sitgreaves, Spalding, Stark- 
weather, Stevens, Stewart, Stone, Stover, Syphef, Taber, 
Thomas, Tift, Trimble, Trowbridge, Twichell, Van 
Aukcn, Van Trump, \'idi\\, Ellihu B.vVashburiie, Henry 
D. Washburn, William Williams, James F. Wilson, 
John T. Wilson, Stephen F. Wilson, Windom, Wood- 
bridge, Woodward, Young — 1-21. 

Na'ts — Messrs. Ames, Arnell, Delos R.Ashley, Baker, 
Beatty, Benjamin, Benton, Boles, Bromwell, Buckland, 
Churchill, Delano, Ela, Farnsworth, Ferriss, French, 
Garfield, Harding, Higby, JencUes, Kelsey, Kitchen, 
Lafiin, Maynard, McCarthy, McKee, Mercur, Bloore, 
Moorl ead,"Morrell, MuUins, Newsham, Perham, Pike, 
Poland, Polsley, Pomeroy, Schenck, Shanks, Shella- 
barger, Stokes, Taffe, John Trimble, Upson, Ward, 
Welker, Whittemore — t". 

Not Voting — Messrs. .4dams,^rcAer, James M. Ashley, 
Barnes, Blackburn, Boyer, Brooks, Broomall, Cake, Co- 
vode, Dickey, Dockery, Dodge, Donnelly, Edwards, 
Eggleston, Ferry, Gravely, Hamilton, Hawkins, Hill, 
Hblman, Asahel W. Hubbard, Chester D. Hubbard, 
Riehard D. Hubbard, Hulburd, Koontz, William Law- 
rence, Loan, Logan, hyuch, Marshall, Morrisscy, Myers, 
Nunn, Orth, Pierce, Pile, Pruyn, Randall, Raum, "^Ross, 
Selye, Smith, Taylor, Van Aernam, Burt Van Horn, 
Robert T. Van Horn, Van Wyck, Cadwalader C. Wash- 
burn, William B. Washburn, Thomas Williams, Wood — 

In Senate. 

No direct vote was reached on the above bill 
in the Senate. And pending the legislative ap- 
propriation bill — 

March 2 — Mr. Morton moved as an additional 
section the House repealing bill. 

Mr. Sumner offered the following substitute 
for that amendment: 

That the first section of the act entitled "An 
act regulating the tenure of certain civil offices," 
passed Marcli 2, 1867, is hereby amended so as 
to read as follows : " That every person holding 
any -civil office to which he has been appointed 
by and with the advice and consent of tiie Sen- 
ate, J^and every person who shall hereafter be ap- 
pointed to any such office and shall become duly 
qualified to act therein, is and shall be entitled 
to hold such office until a successor shall have 
been in like manner appointed and duly quali- 
fied, except as herein otherwise provided. 

" Sec. — . That the second section of such act is 
hereby amended so as to read as follows: That 
it shall be lawful for the President, whenever, 
during a recess of the Senate, in his opinion the 
public good shall require it, to suspend any officer j 
appointed as aforesaid, excepting judges of the 
United States courts, and to designate some suit- 
able [lerson to perform tem[>orarily the duties of 
euch oflice until the next meeting of the Senate, 
and until the matter shall be acted upon by the 
Senate; and such person so designaleu shall take 
the oaths and give the bonds requireti by law to 
De taken and given by the person duly appointed 



to fill such office ; and in case of such suspension, it 
shall be tlie duty of tlie President, within twenty 
days after the first day of such next meeting of 
the Senate, to report to the Senate such suspen- 
sion, with the name of the person so designated 
to perform the duties of such office ; and if the 
Senate shall concur in such suspension, and ad- 
vise and consent to the removal of such officer, 
they shall so certify to the President, who may 
thereupon remove such officer, and, by and with 
the advice and consent of the Senate, appoint 
another person to such office; but if the Senate 
shall refuse to concur in such suspension the 
officer so suspended shall forthwith resume the 
functions of his office, and the powers of the per- 
son so performing its duties in his stead shall 
cease; and the official salary and emoluments of 
such officer shall during such suspension belong 
to the person so performing the duties thereof 
and not to the officer so suspended: Provided, 
however, that the President may, in bis discre- 
tion, before reporting such suspension to the 
Senate as above provided, revoke the same, and 
reinstate such officer in the performance of the 
duties of his office. 

" Sec. — . That no person shall hold nor shall 
he receive salary or compensation for performing 
the duties of more than one office or place of 
trust or profit under the Constitution or laws of 
the United States at the same time, whether such 
office or place be civil, military, or naval ; and 
any person holding any such office or place who 
shall accept or hold any other office or place of 
trust or profit under the Constitution or laws of 
the United States shall be deemed to have va- 
cated the office or place which he held at the time 
of such acceptance. 

"Sec. — . That nothing in the foregoing section 
shall be construed to prevent such designations 
or appointments of officers to perform tempo- 
rarily the duties of other officers as are or may 
be authorized by law, nor to prevent such ap- 
pointments or designations to office or duty as 
are required by law to be made from the army 
or navy. 

"Sec. — . That the penalties provided in the 
act to which this is an amendment shall apply 
to violations of tiiis act. 

Which was not agreed to — yeas 17, nays 32, 
as follow : 

Yeas— Messrs. Chandler, Conkling, Cragin, Harlan, 
Harris, Howard, Howe, Morrill of Maine, Morrill of 
Vermont, Patterson of New Hampshire, Ramsey, Saw- 
yer, Sprague, Sumner, Welcli, Willey, Williams— 17. 

Nays — Messrs. Abbott, Cameron, Cattell, Cole, Con- 
ness, Corbett, Dixon. Drake. Ferry, Frelinghuysen, 
Grimes, Henderson, McDonald, Morgan, Morton, Nye, 
Osborn, Pomeroy, Pool, Robertson, Ross, Sherman, 
Spcnccfr, Thayer,"Tir)ton, Trumbull, Van Winkle, Vick- 
ers. Wade, Warner, U'hytc, Wilson — 32. 

The amendment offered by Mr. Morton was 
then disagrc-ed to — yeas 22, nays 26, as follow: 

Yeas — Messrs. Cole. Conness, Dixon, Drake, Grimes, 
Ht'uderson, Kellogg, McDonald. Morgan, Morton, Os- 
lir,rn, Pomcrov. Pool. Ramsey, Robertson, Ross, Sher- 
man, Tliaver,"Van Winkle, Vickers. Warner, Wh'tta—2-2. 

}gvT8— Messrs. Abliutt, Anthony, Cameron, Chandler, 
C(^rl ett. Crairin, Fcrrv. Frelinghuysen, Harlan. Harris. 
Howard, Howe. .'Morrill of JLainc, Morrill of Vermont, 
Patterson ofNew Hampshire, Siiwyer.Spencer, Sprague, 
Suniu ?r, Tipton, Trumbull, Wade, Welch, Willey, Wil- 
liams, Wilson — 2C. 

[For further votes on this subject, see a sub 
sequent chapter.] 



XL, 



XVTII CONSTITUTIONAL AMENDMENT. 



A RESOLCTIOS proposing an amendment to the I 
Constitution of tlie United States. 
Resolved by the Senat'^ and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, (two-tliirds of both houses con- 
curring,) That the following article be [>roposed 
to the legislatures of the several States as an 
amendment to tiie Constitution of the United 
States, which, when ratified by three-fourths of 
said legislatures, shall be valid as part of the 
Constitution, namely : 

ARTICLE XV. 

Sec. 1. The right of citizens of the United 
States to vote shall not be denied or abridged by 
the United States or by any State on account of 
race, color, or previous condition of servitude. 

Seo. 2. The Congress shall have power to en- 
force this article by appropriate legislation. 
Schuyler Colfax, 
Speaker of the House of Representatives. 

B. F. Wade, 
President of the Senate pro tempore. 
Attest: 

Edwd. McPheeson, 

Clerk of House of Representatives. 
Geo. C. Gorham, 

Secretary of Senate United States. 

The Final Vote 

In Sen-ate. 
1869, February 26 — The report of the com- 
mittee of conference, recommending the passage 
of the amendment as primed above was agreed 
to — yeas 39, nays 13, as follow : 

Yeas — Messrs. Anthony, Cattell, Chandler, Cole, Conk- 
ling, Conriess, Crr.gin, Drake, Ferry. Fessenden, Fro- 
liughuyscn, Harlan, Harris, Howard, Howe, Kellogg, 
McDonald, Morgan, Morrill of Maine, Morrill of Ver- 
mont, Morton, Nye, Osborn, Patterson of JN'ew Hamp- 
shire, Ramsey, Rice. Robertson, Sherman, Stewart, 
Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, 
Welch, Willey, Williams, Wilson— 39. 

Nats — Messrs. Bayard, Buckalew, Davis, Dixon, Doo- 
little, Fowler, Hendricks, McCreery, Norton, Patterson of 
Tennessee, Pool, Vickers, Whyie—13. 

February 25 — The House concurred — yeas 144, 
nays 44, (not voting 35,) as follow : 

Yeas — Messrs. Allison, Ames, Anderson, Arnell, De- 
les R. Ashley, James M. Ashley, Bailey, Baker, Banks, 
Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, 
Blair, Boutwell, Bowen, Boyden, Bromwell, Broomall, 
Buckley, Benjamin F. Butler, Roderick R. Butler, Cal- 
lis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, 
Cobb, CoVjurn, Cook, Corley, Cornell, Covode. Cullom, 
Dawes, Dickey, Dodge. Donnelly, Driggs. Eckley, Kg- 
gleston, Ela, Thomns D. Eliot, James T. Elliott, Farns- 
worth, Ferriss, Ferry, Fields, French, Garfield, Goss, 
Gove, Gravel}'. Griswold, Hamilton, Harding, Haughey, 
Heaton, Higby, Hill. Hooper. Hopkins, Chester b. 
Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Alex- 
ander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, 
Ketcham, Kitchen, Koontz, Latlin, Lash, William Law- 
rence, Logan, Lynch, Marvin, Maynard, McCarthy, 
McKee, Mereur, Miller, Bloore, Moorhead, Morreil, 
Mullins, Myers, Newsham, Norr'S, Nunn, O'Neill, Orth, 



Paine, Perham, Peters, Pettis, Pike, Plants, Po!:in'l, 
Pomeroy, Price, Prince, Rauin, Robert^ron, R,/ot.-<. bu«'- 
yer, Scofield, Slianks, ShcUabarger, Smith, lijiiIiU.i.l:, 
Starkweather, Stevens, Stewart, Stokes, Stover, 'i^..\i, 
Thomas, Trimble, Trowbridge, Twichell. Upso;i, \':v\ 
Aernam, Burt Van Horn, Robert T. Van Horn. Ward, 
CadwalderC. Wasliburn. Henry D. Washburn, U'illiam 
15. Washburn, Welker, Whittemore, Tliomas Williams, 
William Williams, James F. Wilson, John T. Wilson, 
Windom, Mr. Speaker Colfa.\— 114. 

Nats — Messrs. Archer, Axtell, Barnes, Beck, Bouer, 
Brooks, Burr. Cary, Chanter, Eldridge, Fox, Getz. Gloss- 
brenner, GoUadny, Grovcr, Haight, Hawkins, Ilolman, 
Hoichkiss. Hichdrd D. Hubbard, Humphrey, Jolinson, 
Thomas L. Jones, Kerr, Knott, Loughridge, Jlallory, 
Marshall, McCurmick, McCuUon.gh, Mungeu, IS'iblnck, 
Nicholson, Phelps, Pruyn, Robinson, Ross, Stone, Taber, 
Van Auken, Van Trump, Wood, IVoodward, Young — 14. 

This subject engaged a large share of attention 
during the third session of the Fortieth Congress. 
The various votes and proceedings upon it are 
subjoined in the order of the date of occurrence. 

The House Joint Resolution, (H. E. 402.) 

In House. 

1869, January 30 — The House passed the 
amendment in these words : 
Joint Resolution proposing an amenduieut to 
the Constitution of the United States. 

Be it resolved by the Senate and House ot 
Representatives of the United States of America 
in Congress assembled, (two-thirds of both houses 
concurring,) That the following article be pro- 
posed to the legislatures of the several States as 
an amendment to the Constitution of the United 
States, which, when ratified by three-fourths of 
said legislatures, shall be held as part of said 
Constitution, namely : 

ARTICLE — 

Sec. 1. The right of any citizen of the United 
States to vote shall not be denied or abridged 
by the United States or any State by reason of 
race, color, or previous condition of slavery of 
any citizen or class of citizens of the United 
States. 

Sec. 2. The Congress shall have power to en- 
force by appropriate legislation the provisions of 
this article. 

The vote was yeas 150, nays 42, not voting 31, 
as follow : 

Y'eas — Messrs. Allison, Arnell, Delos R.Ashley, .James 
M. Ashley, Bailey, Baldwin, Banks, Beaman, Beatty, 
Benjamin, Benton, Blackburn, Blaine, Blair, Boles, 
Boutwell, Bowen, Boyden, Bromwell, Broomall, Buck- 
land, Buckley, Benjamin F. Butler, Cake, Callis, 
Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, 
Corley, Covode, Cullom, Dawes, Delano, Dewpese, 
Dockery, Dodge, Donnelly, Driggs, Eckley, Edwards, 
Eggleston, Ela, Thomas" D. Eliot, James T. Elliott, 
Farnsworth, Ferriss, Ferry, Fields. French. Garfield, 
Goss, Gove, Gravely, Griswold, Halsey, Hamilton, 
Harding. Haughey, Heaton, Higby, Hooper, Hopkins, 
Chester D. Hubbard, Hulburd, Hunter, Jenckes, Alex- 
ander H. Jones. Judd, Julian, Kelley, Kellogg. Kelsey, 
Ketcham, Koontz, Laflin, Lash, George V. Lawrence, 
William Lawrence, Lincoln, Loan, Logan, Loughridge, 
Lynch, Marvin, Maynard, McKee, Mereur, Miller, 

17 



400 



POLITICAL MANUAL. 



"Moore, Moorhcad, Morrell, Mullins, Myers, Newcomb, 
Ncwshftin, Norris, Nnnn, O'Neill, Orth, Paine, Perham, 
Peters, Pierce, I'ike, Pile, Plants, Poland, Price, Prince, 
Raum, Uoliertsou, Roots, Sawyer, Scofield, Selye, 
Shanks. Shell:iliart,'er, Smith, Spalding, Starkweather, 
Stewart, Stokes, Stover. Tatfe, Taylor, Thomas, John 
Triml>le, Trowbridise, Twicliell. Upson, Van Aernam, 
Burt Van Ilorii. Roiurt T. Van Horn, Van Wyuk, \Vard. 
Cadwalader C. Washburn. Ilcnry D. Washburn, William 
B. Washburn, Welker. Whittemorc, Thomas Williams, 
William Williams, James F. Wilson. John T. Wilson, 
Stephen P. Wilson, Windom, and Jlr. Speaker CoU'a.^ 
— 1:)(>. 

N.vrs — Messr-s. Archer, Axtell, Baker, Barmim, Berk, 
Bini;liam, Bnner, Brooks. Burr, Carn Clianlcr, Fox, Gctz, 
G'lUaiinii, Grocer, Uaiglit, Hawkins, Jlotchkiss, Uum- 
phre'/. Johnson, Thomas L. Jones, Kerr, Knott, Marshall, 
McCormick, Miingen. yiblack. JVicholson, Phelps. Polsloy, 
Pruyn, Randall, Iiobin.%on, lioss, SUgreaves, Stone, Taber, 
Tift. Van Auken. Van Trump, Woodward, Young — 42. 

i^oT VoTiNT — Messrs. .4(ian!S,.'\mes. Anderson. Barne.^, 
Roderick R. Butler, Reader W.Clnrke, Cornell, Dickey, 
Dixon, Eldridqc, Glossbrenjicr, Hill, llolman. Asahel W. 
Hubbard, Ric\ard D.Hubbard, Inv'crsoll, Kitchen, Mal- 
lorv, McCarthy, McCullough, Morrisse;/, Pettis, Pomeroy, 
Schenck, Stevens, Svpher, Laicrenc'e S. Trimble, Vidal, 
Ellihu B. Washburne, Wood, Woodhridge— .31. 



The Previous Votes. 

Same day — An amendment by Mr. Bingham, 
and an amendment to the amendment by Mr, 
Shellabarger pending, the House voted as fol- 
lows upon them : 

Mr. Bingham's amendment was to substitute 
the following for the first section of the said 
joint resolution: 

No State shall make or enforce any law which 
shall abridge or deny to any male citizen of the 
United States of sound mind and twenty-one 
years of age or upward the exercise of the elec- 
tive franchise at all elections in the State wherein 
he shall have actually resided for a period of 
one year next preceding such election, (subject 
to such registration laws and laws prescribing 
local residence as the State may enact,) except 
such of said citizens as shall engage in rebellion 
or insurrection, or who may have been, or shall 
be, duly convicted of treason or other infamous 
crimes. 

Mr. Shellabarger's amendment to the amend- 
ment was to strike out the above, and insert 
what follows : 

No State shall make or enforce any law which 
shall deny or abridge to any male citizen of the 
United States of the age of twenty-one years or 
over, and who is of sound mind, an equal vote 
at all elections in the State in wliich he shall 
have such actual residence as shall be prescribed 
by law, except to such as have engaged or may 
hereafter engage in insurrection or rebellion 
against the United States, and to such as shall 
be duly convicted of treason, felony, or other 
infamous crime. 

Mr. Shellabarger's amendment to the amend- 
ment was disagreed to — yeas G2, nays 125, not 
voting 35, as follow: 

Yeas — Messrs. Delos R. Ashley, Baldwin, Beamr.n, 
Beatty, Benton, Boles, Bowen, Broomall, Buckland, 
Cake.Clift, Coljh. Coburu, CuUom, Dawes, Delano, Ei»k- 
ley, Kitgleston, Ela, James T. Elliott, French, Gravely, 
Hamilton, Hawkins, Hooper, Chester D. Hubbard, Judd, 
Julian, Kelley, ]\elscy, (ieorgi- V. Eawrenee, William 
Lawrence, Loan, Liif.'an, Maynard. Mullins, Newshaiu, 
Norris, O'Neill, Ortli, Paine, Plants, Polsley, Price, 
Prince, Sawyer. Schenck, Scofield, Shanks, Shellabar- 
:er, Starkweatlior, Stokea, Sypher, Twichell, Robert T. 
'an Horn, Ward, Cadwalader C. Washburn, Henry D. 
Washburn, William 15. Washburn, Welker, Whittemore, 
Thomas Williams— 02. 

Nays — Messrs. Allison, .drc^er, Arnell, James M.Ash- 



f- 



ley, Axtell, Bailey, Baker, Banks, Barnum. Beck, Benja- 
min, Bingliam, Blaine, Blair, Boutwell, iioyden, Bo'/er, 
Bromwell, Brooks, Burr, Benjamin F. Butler, C'allis, 
Cary, Chanter, Churchill, Sidney Clarke, Cook, Corley, 
Covoile, Dcweese, Doekery, Dodge, Donnelly, Driggs, 
Edwards. Eldridgc, Thomas D. Eliot, Ferriss, Ferry, 
Fields, Fox, Gartield, Getz, Golladai/. (_i(.ss, Gove, Gris- 
wold, Grovcr, Ilaight, Ilalscy, Hardini;, Ibiuirhcy, Hea- 
ton, Higby, Hopkins, J/ulchkisf, Hnjlaird, Humphre;/, 
Hunter,"Jenckes, Johnson, .\lexander H.Jones, Thovias 
L. Jones, Keir. Ketcham. Knott. Koontz, Lafiin, Lash, 
Lincoln, Loughridge, Marshall. IMarvin, 31cC'ormick, 
MeCullough, IvicKeo, Mereur, Miller, Moore, Morrell, 
Munge.n. Myers, Newcomb, Nihlack, Nicholson. Nunn, 
Perham, Peters. Phelps, Pierce, Pike. Pile, Poland, 
Prwjn,Iiniidrilt, Kaiini, Riplicitson, iioft.'iisoM, lHo'ii^.lloss, 
Sitn'rearrs. Smith. Sjialdin'!. Stewart. Stone, Stover, Tabcr, 
Tafte. Taylor. 'I'liom.is, Tift. -^ohn Trimble, Trowbridge, 
Upson, Van Aernain, Van Aukcn. Burt Van Horn, Van 
Trump. \An Wyck, John T. Wilson, Stephen F. Wilson, 
Windom, Woodbridge, Woodward. Young — 12S. 

KoT VoTi.N'G — Messrs. /Idawis, Ames, Anderson, TJar^ra, 
Blackburn, Buckley, Roderick R. Butler, Reader W. 
Clarke, Cornell, Dickey, Dixon, Farnsworth, Glossbren- 
ner. Hill, Ilolman. Asahel W. Hubbard, Rirhard D. Hub' 
bard. Ingersoll, Kellogg, Kitchen, Lynch, Mallory, Mc- 
Carthy, Moorhead, Morrisseji, Pettis, Pomeroy, Selye, 
Stevens, Lawrence S. Trimble, Vidal. Ellihu B. Wash- 
burne, William Williams, James F. Wilson, Wood — .15. 

The amendment of Mr. Binejham was then dis- 
agreed to — yeas 24, nays 160, not voting 38, as 

follow : 

Yeas — Messrs. Axtell, Baker, Bingham, Brooks, De- 
weese, Doekery, Eldridge, Garfield, Haight, Heaton, 
Hotchkiss, Alexander H. Jones, McCullough. Phelps, 
Plants, Robinson. Ross. Spalding, Stewart, Stone, Tijt, 
John T. Wilson, Woodward, Young — 24. 

Nats— Messrs. Allison, Arnell, [)elos R.Ashley, James 
M. Ashley, Bailey, Banks, Beaman, Beatty, Beck, Ben- 
jamin, Benton, Blaine, Blair, Boles, Boutwell, Bowen, 
Boyden, Boyer, Bromwell, Broomall, Buckland, Buck- 
ley, Burr. Benjamin F. Butler, Cake,Callis, Cari/, Chan- 
ter, Churchill, Sidney Clarke. Clift, Cobb, Coburn,Cook, 
Corley, Covode, Ciillom, Dawes, Delano, iJonnelly, 
Driggs,Eckley,Eggleston, Ela, Thomas D. Eliot. James 
T. Elliott, Ferriss, Ferry, Fields. For. French, Gr.tz, 
GoUada<i, Goss. Gove, Gravely, Griswold. Grovcr, Hal- 
sey, Hainilton. Harding, Hawkins, Hiiiby, Hooper, Hop- 
kins, Clioster D. HubVjard, Hulburd, //»»/;)/; rev. Hunter, 
Jenckes, Johnxon. Thomas L. Jones. Judd, Julian, Kel- 
ley. Kellogg, Kclsey, Kerr, Ketcham, Koontz, Lafiin, 
Lash, George V Lawrence, William Lawrence, Lincoln, 
Loan, Logan, Louehridge. Lynch, Marshall, Marvin, 
JLaynard. McCormick. McKee, Mereur, Miller, Moore, 
Moorhead, Morrell, Jlullins, Mnngen. Myers, Newcomb, 
Newsham, Nihlack, Nicholson, Norris, Nunn, O'Neill, 
Orth, Paine, Perham, Peters, Pierce, Pike, Poland, 
Polsley, Price, Prince, Pruyn, Randall, Raum, Robert- 
son, Roots, Sawyer, Schenck, Scofield, Selye, Shanks, 
Shellabarger, Sitgreaves, Smith, Starkweather, Stokes, 
Stover, Sypher, Taber, TafTe, Taylor, Thomas, Trow- 
Ijridge, Twichell, Upson, Van Aernam, Van Aiilcen. Burt 
Van Horn, Roliert T. Van Horn, Van Tru7np,V;ix\ Wyck, 
Ward, Cadwalader C. Washburn, Henry D. Washburn, 
William B. Washburn. Welker, Whittemore, Thomas 
Williams, William Williams, Stephen F. Wilson, Win- 
dom, Woodbridge— 160. 

Not Voting — Messrs. /ttJaws, Ames, Anderson, 4rc/ier, 
'Ra.XAwm. Barnes. Barnum, Blackburn, Roderick R. But- 
ler, Reader W. Clarke, Cornell, Dickey, Dixon, Dodge, 
Edwards, Farnsworth. Glos.^brenner,' Haughey, Hill, 
Hoiman, Asahel W, Hubbard, Richard D. IJuhbard, \n- 
gersoll. Kitchen, Knott. Mallory, McCarthy, Morrissey, 
Pettis. Pile, Pomerov, Stevens, John Trimble, JjCicrcnco 
S. Trimble, Vidal, Ellihu B. Washburne, James F. Wil- 
son, Hood— 38. 

The resolution was then engrossed and read a 
third time — yeas 144, nays 45, not voting 33, 
and passed as above. 

Proceedings upon it in the Senate 

In Senate. 

In Committee of the Whole, 

February 3 — Mr, Stewart moved to amend by 
substituting the following in place of the House 
resolution : 

Sec. 1. The right of citizens of the United 



xvth amendment. 



401 



States to vote and hold office shall not be denied 
or abridged by the United States or by any State 
on account of race, color, or previous condition 
of servitude. 

February 8 — Mr. Williams moved to amend 
the amendment by striking out all after the 
words "section 1," and inserting: 

Congress shall have power to abolish or modify 
any restrictions upon the right to vote or hold 
office prescribed by the constitution or laws of 
any State. 

Which was disagreed to. 

Mr. Drake moved to substitute for the amend- 
ment of Mr. Stewart the following: 

No citizen of the United States shall, on ac- 
count of race, color, or previous condition of 
servitude be, by the United States or by any 
State, denied the right to vote or hold office. 

Which was disagreed to. 

Mr. Howard moved to substitute for the amend- 
ment of Mr. Stewart the following: 

Citizens of the United States of African descent 
shall have the same right to vote and hold office 
in States and Territories as other citizens, elec- 
tors of the most numerous branch of their re- 
spective legislatures. 

Which was disagreed to — yeas 16, nays 35, as 
follow : 

Yeas — Messsrs. Anthony, Chandler, Cole, Corbett, 
Cragin, Ferry, Harlan, Howard, Norton, Patterson of 
New Hampshire, Sumner, Thayer, Tipton, Wade, 
Welch, Williams— 16. 

Nats — Messrs. Abbott, Bayard, Buckalew, Cameron, 
Cattell, Doolittle, Drake, Edmunds, Frelinghuysen, 
Harris, Hendricks, Howe, Kellogg, McC'reery, McDonald, 
Morgan, Morrill of Maine, Morrill of Vermont, Nye, 
Patterson of Tennessee, Ramsey, Rice, Saulsburj/, Saw- 
yer, Sherman, Spencer, Stewart, Trumbull, Van Winkle, 
Vickers, Warner, Whyte, Willey, Wilson, Yates— 35. 

Mr. Warner moved to substitute for the amend- 
ment of Mr. Stewart the following: 

The right of citizens of the United States to 
hold office shall not be denied or abridged by 
the United States or any State on account of 
property, race, color, or previous condition of 
servitude; and every male citizen of the United 
States of the age of twenty-years or over, and 
who is of sound mind, shall have an equal vote 
at all elections in the State in which he shall 
have actually resided for a period of one year 
next preceding such election, except such as 
may hereafter engage in insurrection or rebel- 
lion against the United States, and such as shall 
be duly convicted of treason, felony, or other 
infamous crime. 

Which was disagreed to. 

February 9 — Mr. Wilson moved to amend by 
substituting the following : 

There shall be no discrimination in any State 
among the citizens of the United States in the 
exercise of the elective franchise in any election 
therein, or in the qualifications for office in any 
State, on account of race, color, nativity, prop- 
erty, education, or religious belief. 

Which was disagreed to — yeas 19, nays 24, as 
follow : 

Yeas — Messrs. Cattell, Conness, Grimes, Harlan, Har- 
ris, Howe, McDonald, Morton, Ramsey, Rossf, Sawyer, 
Sherman, Sumner, Van Winkle, Wade, Welch, Wil- 
liams, Wilson, Welker— 19. 

Nats — Messrs. Abbott, Anthony, Bayard, Cole, Conk- 
ling, Corbett, Davis, Dixon, Fessenden, Fowler, Fre- 
linghuysen, Howard, Morgan, Morrill of Vermont, 
Norton, Nve, Patterson of Tennessee, Rice, Robertson, 
Spencer, Stewart, Trumbull, Vickers, Willey— 24. 



Mr. Sawyer moved to amend by substituting 
the following : 

The riglit to vote and hold office in the United 
States and the several States and Territories shall 
belong to all male citizens cf the United States 
who are twenty-one years old, and who have 
not been, and shall not be, duly convicted of 
treason or other infamous crime: Provided, 
That notliing herein contained shall deprive the 
several States of the right to make such regis- 
tration laws as shall be deemed necessary to 
guard (he purity of elections, and to fix the 
terms of residence which shall precede the ex- 
ercise of the right to vote : And provided, That 
the United States and the several States shall 
have the right to fix the age and other qualifi- 
cations for office under their respective jurisdic- 
tions, which said registration laws, terms of 
residence, age, and other qualifications sliall be 
uniformly applicable to all male citizens of the 
United States. 

Which was disagreed to. 

Mr. Henderson moved to add to Mr. Stewart's 
amendment the following : 

Nor shall such right to vote, after the first 
day of January, 1872, be denied or abridged 
for offences now committed, unless the party to 
be afi'ected shall have been duly convicted there- 
of. 

Which was disagreed to. 

Mr. Fowler moved to amend by substituting 
the following: 

All the male citizens of the United States, res- 
idents of the several States now or hereafter 
comprehended in the Union, of the age of twen- 
ty-one years and upward, shall be entitled to an 
equal vote in all elections in the State wherein 
they shall reside, the period of such residence 
as a qualification for voting to be decided by 
each State, except such citizens as shall engage 
in rebellion or insurrection, or shall be duly 
convicted of treason or other infamous crime. 

Which was disagreed to — yeas 9, nays 35, as 
follow : 

Ye\s — Messrs. Bayard, Cragin, Dixon, Fowler, Patter- 
son of Tennessee, Ross, Sherman, Van Winkle, Wil- 
son— 9. 

Nays— Messrs. Abbott, Anthony, Cattell, Cole, Conk- 
ling, Conness, Corbett, Davis, Drake, Ferry, Freling- 
huysen, Harlnn, Harris, Howard, McDonald, Morgan, 
Morrill of Vermont, Morton, Nye, Patterson of New 
Hampshire, Pool, Ramsey, Rice, Robertson, Sawyer, 
Spencer, Stewart, Tipton, Trumbull, Vickers, Wade, 
Welch, Willey, Williams, Yates— 35. 

On motion of Mr. Conness, the word "or" 
after the words "United States," where it oc- 
curs the second time in the pending amendment, 
was made to read " nor." 

Mr. Vickers moved to add to Mr. Stewart's 
amendment the following: 

Nor shall the right to vote be denied or 
abridged because of participation in the recent 
rebellion. 

Which was disagreed to — yeas 21, nays 32, 
as follow : 

Yeas — Messrs. Bayard, Buckalew, Davis, Dixon, Doo- 
little, Ferry, Fowler, Grimes, Harlan, Hendricks, Mc- 
Creery, Norton, Patterson of Tennessee, Pool, Ramsey, 
Robertson, Sawyer, Trumbull, Van Winkle, Vickers, 
Wilson— 21. 

Nats— Messrs. Abbott, Anthony, Cattell, Cole, Conk- 
ling, Conness, Corbett, Cragin, Drake, Fessenden, Fre- 
linghuysen, Harris, Howard, Howe, Morgan, Morrill 
of Vermont, Morton, Nye, Patterson of New Hamp- 



402 



POLITICAL MANUAL. 



shire, Rice, Ross, Sherman, Spencer, Stewart, Sum- 
ner, Thayer, Tipton, Wade, Welch, Willey, Williams, 
Yates — 3:i. 

Mr. Bayard moved to amend Mr. Stewart's 
amendment so as to make it read; 

The right of citizens of the United States to 
vote for electors of President and Vice President, 
and members of tbe House of Representatives of 
the United States, and hold ofliee under the 
United States, siiall not be denied or abridged 
by the United States nor by any State, on ac- 
count of race, color, or previous condition of 
servitude. 

Whicli was disagreed to — yeas 12, nays 42, as 
follow : 

Yeas — Messrs. Anthony, Bayard, Bucknlew, Davis, 
Dixon. Doolittle, Grimes, j/endricks, McCreery, Norton, 
Saulshiini. \'an Winkle — 12. 

Nays— Messrs. Abbott, C:itt«ll. Cole, Conkling, Con- 
ness. Corliott, Cragiii, Dralie, Ferry. Frolinghuysen, 
Harlan, Harris, Howard, Howe, McDonald, Morgan, 
Morrill of Maine, Morrill of Vermont, Morton, Kye, 
Patterson of New Hampshire, Pool, Ramsey, Rice, 
Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, 
Sumner, ^ Thayer, Tipton, Trumbull, Vickers, Wade, 
Warner, Welch, Willey, Williams, Wilson, Yates — 12. 

Mr. Wilson moved to amend Mr. Stewart's 
amendment by substituting for it the following: 

No discrimination shall be made in anj^ State 
among the citizens of the United States in the 
exercise of the elective franchise, or in tbe right 
to hold ofEce in any State, on account of race, 
color, nativity, property, education, or creed. 

Which was agreed to — yeas 31, nays 27, as 
follow : 

Yeas— Messrs. Abbott, Cameron, Cattell, Conness, 
Cragin. Ferry, Grimes, Harlan, Harris, Hendricks, 
Howe, IMcDonald, Morton, Osborn, Pool, Rice, Robert- 
son, Ross. Sawyer, Sherman, Sumner, Thayer, Tipton, 
Van Winkle, Wade, Warner, Welch, Willey, Williams, 
Wilson, Yates— 31. 

Nats — Messrs. Anthony, Buckalew, Chandler, Cole, 
Conkling, Corbett, Dixon, Doolittle, Drake, Edmunds, 
Fessenden, Frelinghuysen, McCreery, Morgan, Morrill 
of Maine, Morrill of Vermont, Nye, Patterson of New 
Hampshire, Patterson of Tennessee, Ramsey, Sauls- 
bun/, Spencer, Sprague, Stewart, Trumbull, Vickers, 
W/iyte—27. 

The amendment as amended was then agreed 
to. 

Mr. Corbett moved to add to the first section 
the words : 

But Chinamen not born in the United States, 
and Indians not taxed, shall not be deemed or 
made citizens. 

Which was disagreed to. 

Mr. Buckalew moved to add the following 
new section : 

Sec. 3. That the foregoing amendment shall 
be submitted for ratification to the legislatures 
of the several States tbe most numerous branches 
of which shall be chosen next after the passage 
of this resolution. 

Wiiich was disagreed to — yeas 13, nays 43, as 
follow : 

Yeas — Messrs. Bnyard, Buckalew, Davis, Dixon, Doo- 
little, Fowler, Ilcmlrirks. McCreery, Patterson of Tennes- 
see. .S'a»?.<'(«rv, Van Winkle, Vickers, Whjite — 13. 

Nays — .Messrs. Alilioit, Cameron, Cattell, Chandler, 
Cole, Conkling, Coiinc'S, Corbett, Crigiii, Drake, \-A- 
munds. Ferry, Fessenden, Frelinghuysen, Harlan, 
Harris, Hdwc, Morgan, Morrill of Maiiie. Morrill of 
N'crmont, Morton. ,\vc. Patterson of New Hampshire, 
I'ool, Katnsey, Itice. Hobertson. Ross, Sawyt'r, .Sher- 
man, Spencer, .Stewart, Sumner, Thayer. Tipton. Truni- 
b:ill. Wade, Warner, Welch, WiIley,'\Vil!iams, Wilson, 
Yates — 13. 

Mr. Dixon moved to amend so as to rerfer the 



amendments to "conventions" in the States in- 
stead of the legislatures; which was disagreed 
to — yeas 11, nays 45, as follow: 

Yeas — Messrs. Bayard, Buckalew, Davis, Dixon, Dnolitile, 
Hendricks, McCreery, Patterson of Tennessee, Saulsbury, 
Vickers, Whyte — 11. 

Nays — Messrs. Abbott, Cameron, Cattell, Chandler, 
Cole, Conkling, Conness, Corbett, Cragin, Drake, Ed- 
munds, Ferry. Fessenden, Frelinghuysen, Harlan, 
Harris, Howe," Kellogg, McDonald, Morgan, Morrill of 
-Maine, Morrill of Vermont, Nye, Patterson of New 
Hampshire, Pool, Ramsey, Rice, Robertson, Ross, 
Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, 
Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, 
Willey, Williams, Wilson, Yates — 15. 

Mr. Morton moved to amend by adding the 
following as article XVI: 

The second clause, first section, second article 
of the Constitution of the United States shall be 
amended to read as follows: Each State shall ap- 
point, by a vote of the people thereof qualified 
10 vote for representatives in Congress, a num- 
ber of electors equal to the whole number of 
senators and representatives to which the State 
may be entitled in the Congress; but no senator 
or representative, or person holding an office of 
trust or profit under the United States, shall be 
appointed an elector; and the Congress shall 
have power to prescribe the manner in which 
such electors shall be chosen by the people. 

Which was disagreed to — yeas 27, nays 29, as 
follow: 

Yeas — Messrs. Buckalew, Cattell, Dixon, Doolittle, Fer- 
ry, Fessenden, Fowler, Grimes, Hewlricks, Kellogg, 
McDonald, Morton, Patterson of New Hampshire, Pool, 
Rice, Ross, Sawyer, Spencer, Van Winkle, Vickers, 
Wade, Warner, AVelch, Wiiyte, Willey, Williams, VVil- 
son — 27. 

Nats — Messrs. Abbott, Cameron, Chandler, Cole, Conk- 
ling, Conness, Corbett, Cragin, Davis, Drake, Freling- 
huysen, Harlan, Harris, Howe, McCreery, Morgan, Mor- 
rill of Maine, Morrill of Vermont, Nye, Patterson of Ten- 
nessee, Ramsey, Robertson, Sherman, Sprague, Stew- 
art, Sumner, Tipton, Trumbull, Yates— 29. 

Mr. Sumner then moved to strike out all after 
the enacting clause, and insert as follows: 

That the right to vote, to be voted for, and to 
hold office, shall not be denied or abridged any- 
where in the United States under any pretence 
of race or color ; and all provisions in any State 
constitutions, or in any laws. State, territorial, 
or municipal, inconsistent herewith, are hereby 
declared null and void. 

Sec. 2. And he it further enacted. That any 
person who, under any pretence of race or color, 
wilfully hinders or attempts to hinder any citi- 
zen of the United States from being registered, 
or from voting, or from being voted for, or from 
holding office, or who attempts by menaces to 
deroer any such citizen from the exercise or en- 
joyment of the rights of citizenship above men- 
tioned, shall be punished by a fine not less than 
one hundred nor more than three thousand dol- 
lars, or by imprisonment in the common jail for 
not less than thirty days nor more than one 
year. 

Sec. 3. And he it further enacted. That every 
person legally engaged in preparing a register 
of voters, or in holding or conducting an elec- 
tion, who wilfully refuses to register the name 
or to receive, count, return, or otherwise give the 
pro]ier legal efTect to the vote of any citizen un- 
der anv pretence of race or color, snail be pun- 
ished hv a fine not less than five hundred nor 
more than (our thousand dollars, or hj imprisoo- 



xvth amendment. 



403 



ment in the common jail for not le?s than three 
calendar months nor more than two years. 

Sec. 4. And be it further enacted, That the 
di.'ilrict court.s of the United States shall liave 
exclusive jurisdiction of all offences against this 
act; and the district attornej's, marshals, and 
deputy marshals, the commissioners appointed 
by the circuit and territorial courts of the United 
States, with powers of arresting, imprisoning, or 
bailing offenders, and every oilier officer specially 
empowered by the President of the United States, 
shall be, and they are hereby, required, at the 
expense of the United States, to institute pro- 
ceedings against any person who violates this 
act, and cause him to be arrested and imprisoned 
or bailed, as the case may be, for trial before suCh 
court as by this act has cognizance of the offence. 

Sec. 5. And be it further enacted, That every 
citizen unlawfully deprived of any of the rights 
of citizenship secured by this act under anj' pre- 
tence of race or color, may maintain a suit 
against any person so depriving him, and re- 
cover damages in the district court of the United 
States for the district in which such person may 
be found. 

Which was disagreed to — yeas 9, nays 46, as 
follow : 

Yeas— Messrs. Edmunds, McDonald, Nye, Ross, Sum- 
ner, Thayer, Wade, Wilson, Yates — 9. 

Nats — Messrs. Abbott, Anthony, Bayard, Cameron, 
Chandler, Cole, Conkling, Conness, Corbett, Cragin, 
Davis. Dixon, Dnoliltle, Drake, Ferry, Fessenden, Fow- 
ler, Frelinghuysen, Grimes, Harlan, Harris, Hemlricla. 
Howe, ./1/cCVee)-)/, Morgan, Morrill of Maine, Morrill of 
Vermont, Morton. Patterson of New Hampshire, Pool, 
Ramsey, Rice, Robertson, Saulshury, Sawyer. Sherman, 
Spencer. Sprague. Stewart, Trumbull, Van Winkle. 
Viclcers, Warner, Whyte, Willey, Williams — 16. 

The resolution was than reported to the Sen- 
ate, and the question being on concurring in the 
amendment made in Committee of the Whole, 

Mr. Warner moved to substitute for the arti- 
cle adopted in committee the following: 

Sec. 1. No State shall make or enforce any 
law which shall abridge or deny to anj^^ male 
citizen of the United St.ates of sound mind and 
over twenty-one years of age the equal exercise 
of the elective franchise at all elections in the 
State wherein he shall have such actual resi- 
dence as shall be prescriljed by law, except to 
such of said citizens as have engaged or shall 
hereafter engage in rebellion or insurrection, or 
who may have been, or shall be, duly convicted 
of treason or other crime of the grade of felony 
at common law, nor shall the riglit to hold office 
be denied or abridged on account of race, color, 
nativity, property, religious belief, or previous 
condition of servitude. 

Sec. 2. The Congress shall have power to en- 
force this article by appropriate legislation. 

Which was disagreed to — yeas 5, nays 47, as 
follow : 

Yeas— Messrs. Conkling, Kellogg, McDonald, Spen- 
cer, Warner — 5. 

Navs — Messrs. Abbott, Anthony, Buckalew, Cameron, 
Cattell, Chandler, Cole, Conness,'Corbett, Cragin. Davix, 
Dixnn, DooUttle, Drake, Ferry, Fessenden, Fowler. Fre- 
linghuysen, Harlan. Harris, Hendricks, Howe, McCreery, 
Morgaii, Morrill of Maine, Morrill of Vermont, Nye, 
Oshorn, Patterson of Tennessee, Ramsey, Rice, Robert- 
son, Ross, SaM^sfrijrr/, Sawyer, Sherman, Sprague, Stewart, 
Thayer, Trumbull, Van "Winkle, Vickers, Whyte, Willey, 
Williams, Wilson, Yates — 47. 

Mr. Morton then offered the amendment offered 



by him in Committee of the Whole, proposing 
an additional article as Article XVI, and re- 
jected, as follows : 

The second clause, first section, second article 
of the Constitution of the United States sliall be 
amended to read as follows : Each State shall 
appoint, by a vote of the people thereof qualified 
to vote for representatives in Congress, a number 
of electors equal to the whole number of senators 
and representatives to which the State may be 
entitled in the Congress; but no senator or rep- 
resentative, or person holding an ofiice of trust 
or profit under the United States, shall be ap- 
[lointed an elector, and the Congress shall have 
power to prescribe the manner in which such 
electors shall be chosen by the people. 

Which was agreed to — yeas 37, nays 19, as 
follow : 

Ykas— Messrs. Buckalew, Cameron, Cattell, Cole, Conk- 
ling, Conness, Corbett, Dixon, DooUttle. Ferry, Fessen- 
den, Fowler, Grimes, Harlan, Howe, Kellogg, McDon- 
ald, Morrill of Maine, Morton, Osborn, Patterson of 
New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, 
Sawyer. Spencer, Thayer, Hckers, Wade. Warner, Welch, 
Whyte. Willey, Williams, Wilson— 37. 

Nays— Messrs. Abbott. Chandler, Cragin, Davis. Drake, 
Edmunds. Frelinghuysen, Harris, Hendricks, McCreery, 
Morgan, Morrill of Vermont, Patterson of Tennessee, 
Saulshury, Sherman, Stewart, Trumbull, Van Winkle, 
Yates— 19. 

Mr. Wilson moved to reconsider this vole; 
which was disagreed to — yeas 2(3, nays 28, as ' 
follow : 

Yeas— Messrs. Cameron, Cattell, Chandler. Cole, Con- 
ness, Cragin, Drake, Eclmunds, Ferrv, Fessenden, 
Frelinghuysen, Harris, Howe, Kellogg, Morgan, Morrill 
of Maine, Morrill of Vermont, Nye. Ramsej-, Sherman, 
Stewart, Thayer, Whyte. Willey. Wilson. Yates— 2G. 

Navs— Messrs. Abbott, Buckalew, Conkling, Corbett, 
Davis, Dixnn, DooUttle, Fowler, Grimes. Harlan. Hen- 
dricks, McDonald, Morton, Osborn, Patterson of New 
Hampshire, Patterson of Tennessee, Pool, Rice, Robert- 
son, Ross, Sawyer, Spencer, Sprague, Van Winkle, 
Vickers, AVade, Warner, Williams— 28. 

The resolution as amended — being the substi- 
tute offered by Mr. Wilson and the additional 
article offered by Mr. Morton— was then passed 
— yeas 40, nays 16, as follow : 

Yeas— Messrs. Abbott, Cameron, Cattell, Chandler, 
Cole, Conkling, Conness, Cragin, Drake, Ferrj', Harlan, 
Harris, Howe, Kellogg, McDonald, Morgan, Morrill of 
Maine, Slorrill of Vermont, Morton, Nye, Osborn, Pat- 
terson of New Hampshire, Pool, Ramse.v, Rice, Roberta 
son, Ross, Sawyer, Sherman, Spencer, Stewart. Thayer, 
Van Winkle, Wade, Warner, Welch. Willey, Williams, 
v\ ilson, Yates — 40. 

Nat.s — Messrs. Anthony, Bayard. Corbett, Davis, Dixon, 
DooUttle, Edmunds, Fowler, Grimes, Hendricks. McCreery, 
Patterson of Tennessee, Saulsbtiry, Sprague, Vickers, 
Whyte— 10. 

In House 

February 15 — The House- — having suspended 
the rules, yeas 126, nays 31, not voting 65 — dis- 
agreed to the amendments made by the Senate. 
The first question was on the amendment substi- 
tuting the following for the first section: 

" No discrimination shall be made in any State 
among citizens of the United States in the exer- 
cise of the elective franchise or in the right to 
hold office in any State on account of race, color, 
nativitJ^ property, education, or creed." 

Yeas 37, nays 133, (not voting 52,) as follow: 

Yeas— Blessrs. AxteU, Baker, Beatty, Bingham, Buck- 
land, Sidney Clarke, Coburn, CuUom, Deweese, Dickey, 
Dockery, Donnell.v, Eggleston, Haughey, Heaton, Asa- 
hel W. Huliliard, Ingersoll, Kitchen, George V. Law- 
rence, William Lawrence, Nunn, Orth, Pile, Plants, Po- 
land, Scofield, Shanks, Spalding, Stover, Thomas, John 



404 



POLITICAL MANUAL. 



Trimble, Robert T. Van Horn, Ward, Wollcer, James F. 
Wilson, John T. AVilson, Steplion F. W ilson— :i7. 

KvYs— Messrs. An.lerson, Dclos K. Ashley, James M. 
Ashh^v, Banks, Buninm. lieaman, /^ec/.-, Uenjaniin, Ben- 
ton, Bhiino, Blair. Bontwoll, Bowen, Ikndcn, £oi/er, 
Bronnvell, Uronks. Buckley, Hurr, Benjamin V. Butler, 
Roderick R. Butler, r'fvllis, Cnry. dianlcr, Churchill, 
Reader W. Clarke, (lift, Cobb, Corley, Cornell, Covode, 
Dawes, Drigjrs, Edwards, Ehliiilnc, Thomas JJ. Eliot, 
James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, 
Fox. Glossbrmrtf.r, Govo. Gravely, Grover, Uaight, Hamil- 
ton, Hawkins. HitrVn, /?7m«H. Hopkins, i/o?c/i/i(ss, Ches- 
ter D. Hul>bard. lUi'lburd, Ihmpi.rcij. Hunter, Jenckes, 
Jb/i/iion, Alexander H. Jones. Tlxnnna L. Jimei. .Julian, 
Kellev, Kelloap. Kelsey, Kerr. Ketcham, Knnit. Koontz, 
I.aflin, Lash, Loan, Louphridw. Lvnch, Mallory, Mar- 
shall, Marvin, McCarthy, McChrmich: McKec, Miller, 
Hloore, Jloorhead, Morrell, Munrjcn, Myers, Neweomb, 
Newsham, Aihlach; yichnhon, Is'orri.s, O'Neill, Paine, 
Perham, Peters, /'/(e;/).<r. Pierce, Pol<ley,Pomoroy, Price, 
Prince, Prui/n, liandall, liaum, Kobcrtson, Unbinsun, 
Roots, liiiss. Sawyer, Shellab.irger, Sitgre.aves, Smith, 
Starkweathor. Stewart, Stokes, .^Yoj/e, Taher. TatFe, Trow- 
bridge, Twichcll, rps<ju, I'lUrt V.m Horn, Van Trump, 
Van^Vyck, Cadwalader V. Uashburn, Henry D. Wash- 
burn, William B. Wash! urn, Whittemore, TVilliam Wil- 
Hams, Windom, Wood, WiH^dward, I'ourg — 1.3o. 

Tlie other aineudments were then disagreed to 
•without a division. 

In Senate. 

February 17 — Mr. Stewart moved that the 
Senate recede Irom its amendments disagreed to 
by the House ; which was agreed to — yeas 33, 
nays 24, as follow : 

Ykas— Messrs. Anthony, Cameron, Caitell, Chandler, 
Cole, Conkling, Corbett, ( ragin, Drake, Edmunds, 
Ferry, Fessenden, Frclinghuysen. Harris, Howard, 
Kellogg, McDonald, Morgan. Morrill of Maine, Morrill 
of Vermont, Morton. JNye, Patterson of New Hampshire, 
Pouicrov, liobertson, Stewart, Thayer, Trumbull, Van 
Winkle,*\Velch, WiUey, Williams, Yates— 33. 

N vY,s — Messrs. Abbott, Bayard, Bwkalen', Davis, Dixon, 
DooliUle, Fowler, Harlan, Hundricks, McCrccry, Norton, 
Usborn, Paitersim, of Tonnes.'-ee, Pool, Kice, Ross, Sauls- 
b'lr)/, Sherman, Spencer, Vickers, Wade, Warner, Whytt, 
Wilson— 24. 

Mr. Wilson moved to lay the resolution on 
tiie table ; which was disagreed to — yeas 28, 
nays 30, as follow : 

Yeas — Messrs. Abbott, Anthony, Bvyard, BuckaUw, 
Davis, Dixon, DnoliWe, Edmunds, Fowler, Grimes, 
Hendricks, Howe, SIcOreery, Norton, Patterson of Tennes- 
see, Pool, Ross, Snuhtiury, Sawyer, Spencer, Sumner, 
Trumbull, Van Winkle, I icAers, Warner, Whyte, Wilson, 
Yates— 28. 

Nats — Messrs. Cameron, Cattell, Chandler. Cole, Conk- 
ling, Cragin, Drake, Ferry, Fessenden, Freliughuy- 
sen, Harlan, Harris, Howard, Kellogg, McDonald, 
Morgan, .Morrill of Maine, Jlorrill of Vermont, Nye, 
Osboin, Patterson of New Ilampshire, Ramsey, Rice, 
Robertson, Sherman, Stewart, Thayer, Wade, Willey, 
Williams— 30. 

Mr Morton moved to reconsider tlie vote of the 
Senate receding frotn its amendments ; which was 
disagreed to — yeas 24, nays 32. as i'oUow : 

Y'kas — Messr.9. Abbott, Cragin, Drake, Grimes, Har- 
lan, Harris, McDonald. Morton, Osborn, Pomeroy, 
pool, Rice, Robertson, Ross, Sawyer, Sherman, Spen- 
cer, Sumner, Thayer, Van Winkle, Wade, Warner, 
Welch, Wilson — 24. 

Navs — Messrs. .\nthony, Duckalew, Cameron, Cattell, 
Clian<ller, Cole, Conkling, Davis, DooWtU, Edmunds, 
F<rry, Fessenden, Fowler, Frelinghuysim, ll^ndrUks, 
Howard, Kellogg, McCreery, Morttan," Morrill of Ver- 
mont, Norton. Nye, Patterson of New Hampshire, I'at- 
terson of Tennessee, Ramsey, tS'ou/sOuri/, Stewart, Trum- 
bull, Viclccrs, }Vhyte, Williams, Yates— 32. 

On the question, shall the resolution (as origin- 
ally passed by the House) pas.s.-it was determined 
in tlie negative, (two-thirds not having voted in 
the affirmative) — yeas 31, nays 27, as follow : 

Ykas— Messrs. Anthony, Cameron, Cattell, Chandler, 
Cole, Conkling, Cragin, jirake. Ferry, Fessenden, Fre- 
lingliuyaen, Harlan, Harris, Howard, Kellogg, Morgan, 



Morrill of Vermont, Morton, Nye, Patteraon of N«?w 
Hampshire, Pool. Ramsey, Rice, Robertson, Sherman, 
Stewart, Trumbull, Van Winkle, Wade, V\ illiams, Y'ate.s 
—31. 

Nay.s — Messrs. Abbott, Bayard, Bucl-altw, Davis. Dixon, 
DooUtlle, Edmunds, Fowler, Grimes, Hendricks. McCreery, 
McDonald, Norton, Osljorn, 2'ottcrson of Tennessee, 
Pomeroy, Ross, Siiulslury Sawyer, Spencer, Sumner, 
Thhyer,' Vickers, Warner, Welch, W/iyte, Wilson — 27. 

And the House proposition fell. 

The Senate Joint Resolution. (S. 8.) 

I5 Senate. 
On the same day (February 17), and immedi- 
ately after the failuie of the House proposition, 
the Senate resolved itself into Committee of the 
Whole on a joint resolution reported January 
15, 1869, from the Committee on the Judiciary, 
and amended by the Senate without division, 
January 28, so as to make it read as follows : 
Joint Resolution proposing an amendment to 
the Constitution of the United States. 
Resolved hy the Senate and House of Repre- 
senlaiivcs of the United States of America m Con- 
gress assembled, (two-thirds of both houses con- 
curring,) That the following article be proposed 
to the legislatures of the several States as an 
amendment to the Constitution of the United 
States, which, when ratified by three-fourths of 
said legislatures, shall be valid as part of the 
Constitution, namely: 

ARTICLE XV. 

The right ofcitizens of the United States to vote 
and hold office shall not be denied or abridged by 
the United States or by any State on account of 
race, color, or previous condition of servitude. 

The Congress shall have power to enforce this 
article by appropriate legislation. 

The question being on concurring in tlie 
amendment made in Committee of the Whole, 

Mr. Drake moved to amend it by striking out 
all fifter the words ''section 1," and inserting 
the following : 

No citizen of the United States shall, on ac- 
count of race, color, or previous condition of 
servitude be, by the United States or by any 
State, denied the right to vote or hold office. 

Which was disagreed to. 

Mr. Bayard moved to amend the amendment 
by striking out the words " vote and," so that it 
would read: 

The right of citizens of the United States to 
hold office shall not be denied or abridged by 
the United States or any Slate, &c. 

Wiiich was disagreed to — yeas 6, nays 29, as 
follows : 

Y'eas — Messrs. Bayard, Buckalew, Davis, Hendricks, 
Vickers, Whyte — (J. 

Nays— Messrs. Abbott, Cattell, Cole, Drake, Edmunds, 
Ferry, Fessenden, Frclinghuysen, Howard, Kellogg, 
McDonald, Morton, Nye, Osborn, Patterson of New 
Hampshire, Pomeroy, Ramsey, Rice, Ross. Sawyer, 
Spencer, Stewart, Trumbull, Van Winkle, Wade, War- 
ner, Willey, Wilson, Yates— 29. 

Mr. Howard moved to amend the amendment 
made in Committee of the Whole by striking out 
the words " the United States or by." 

Which was disagreed to — yeas 18, nays 22, as 
follow : 

Yeas — Messrs. Buckalew, Conkling, Cragin, Davis, 
Dixon. DooUIUp, Ferry, Fowler, Hendricks, Howard, Niyr- 
Ion, Patterson of New Hampshire, Rubertson, SauU- 
bury, Trumbull, Van Winkle, Vickers, Whyte— 1%. 



xvth amendment. 



405 



Nays— Messrs. Abbott, CatteH, Cole, Drake, Edmunds, 
Fessenden, Frelinghuysen, Harris, KoUogg, McDon- 
ald, Jloirill of Vermont, Morton, Pomoroy, Ramsey, 
Rice, Savvyer, Stewart, Wade, Warner, Willey, Wilson, 

Yates— 22.' 

Mr. Doolittle moved to add to the amendmeDt 
made in Committee of the Whole the words: 

Nor shall any citizen be so denied by reason 
of any alleged crime unless duly convicted there- 
of according to law. 

Which was disagreed to — yeas 13, nays 30, as 
follow : 

Ye.is — Messrs. Buckalfw, Dax-is, Dixon, Doolitth, Ferry, 
Fowler, Hmdricks, McCrwry, Norton, Sauhimry, Vickeis, 
Whyte, Wilson— 13. 

Nats— Messrs. Abbott, Cattell, Cole, Conkling, Cragin, 
Drake, Edmunds, Fe.=senden, Frelinghuysen, Harris, 
Howard, McDonald, Morrill of Vermont, Morton, Nye, 
Patterson of New Hampshire, Pomeroy, Ramsey, 
Rice, Robertson, Sawyer, Spencer. Stewart, Trumbull, 
Wade, Warner, Welch, Willey, Williams, Yates— 30. 

Mr. Fowler moved to amend the amendment 
of the Committee of the Whole by striking out 
the words "on account of race, color, or pre- 
vious condition of servitude.'' 

Which was disagreed to — yeas 5, nays 30. Tiie 
yeas were Messrs. Doolittle, Fowler, lieyidricks, 
Vickers, Whyte. 

The amendment made in Committee of tlie 
Whole was then concurred in, without a divis- 
ion. 

Mr. Howard moved to amend the resolution 
by striking out all after the word " that," where 
it first occurs, and substituting the following: 

The following article be proposed to the legis- 
latures of the several States as an amendment 
to the Constitution of the United States: 

ARTICLE XV. 

Citizens of the United States of African de- 
scent shall have the same right to vote and hold 
ofBce in States and Territories as other electors. 

Mr. Davis moved to amend so as to provide 
for the submission of this to legislatures "here- 
after to be chosen ;" which was disagreed to. 

Mr. Howard's amendment was then disagreed 
to — yeas 22, nays 28, as follow: 

Yeas— Messr.s. Abbott, Cole, Conkling, Conness, 
Drake, Ferry, Harlan, Harris, Howard. Nye, Osborn, 
Patterson of New Hampshire, Pomoroy, Ramsey, 
Robertson, Spencer, Thay3r, Tipton, Warner, Welch, 
Willey, Williams— 22. 

Nats — Messrs. Bayard, Buckalew, Cattell, Cragin, 
Davis, Dixon, Edmunds, Fessenden, Fowler. Freling- 
huysen, Hendricks, Howe, il/cCVeery, McDonald, Morgan, 
Morrill of Maine, Jlorrill of Vermont, Morton, Rico, 
Ross, Saulsbitry, Stewart, Trumbull, Van Winkle, View- 
ers, Whyte, Wilson, Yates — 28. 

Mr. Hendricks moved to amend by adding to 
the resolution the following words: 

The foregoing amendment shall be submitted 
for ratification to the legislatures of the several 
States the most numerous branches of which 
shall be chosen next after the passage of this 
resolution. 

Which was disagreed to — yeas 12, nays 40, as 
follow : 

Yeas — Messrs. Bayard, Buckalew, Davis, Dixon, Fow- 
ler, Hendricks, McCr eery , Norton, Patterson ot Tennessee, 
Sauhhttry. Vickers, Whyte — 12. 

Nats — Messrs. Abbott, Cameron, Cole, Conkling, 
Cragin. Drake, Edmunds, Ferry, Frelinghuysen, Har- 
lan, Harris. Howard. Howe, Kellogg, McDonafd, Morgan, 
Morrill of Maine, Morrill of Vermont, Morton, Nye, Os- 
born, Patterson of New Hampshire, Pomeroy, Pool, 
Ramsey, Rice, Robertson, Ross. Sawyer, Spencer, 
Stewart, Thaver, Tipton, Van Winkle, Wade, Warner, 
Welch, Willey, Williams, Wilson— 40. 



Mr. Dixon moved to amend by submitting 
the article to conventions instead of legislatures; 
which was disagreed to — yeas 10, nays 39. [The 
afBrmative vote was the same as above, except 
that Messrs. Fowler and McCrecry did not vote. 
The negative also the same, except that Messrs. 
Sawyer and Wade did not vote, and Mr. Yates 
did.] 

Mr. Davis moved a reconsideration of the 
vote disagreeing to the last a|i<fendment offered 
by Mr. Howard, whicii was disagreed to — yeas 
16, nays 29, as follow : 

Yeas — Messrs. Chandler, Cole, Conkling, Harlan, 
Howard, Nye, O.'.born, Patterson of New Hampshire, 
Pomeroy, Ramsey. Robertson, Sawyer, Tipton, War- 
ner, Welch, Williams — 10. 

Nats — Messrs Abbott, Buckalew, Cragin, Davis, Drake, 
Edmunds, Ferry, Frelinghuysen, Plarris, Hendricks, 
Kellogg. McCreery, McDonald, Morgan, Morrill of Ver- 
mont, Morton, I'attcrsonof Tennessee, Pool, Rice, Ross, 
Siiulsbury. Spencer, Stewart, Thayer, Vickers, Wade, 
Wiyte, AVilson, Yates— 29. 

The resolution was then engrossed and read a 
third time, and passed — yeas 35, nays 11, as 
follow: 

Yeas— Messrs. Abbott, Chandler, Cole, Conkling, 
Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Har- 
lan, Harris. Kellogg, McDonald, Morgan, Morrill of 
Vermont, Morton, Osborn, Patterson of New Hamp- 
shire, Pomeroy, Pool, Ramsey, Rice, Robertson, Ross, 
Sawj^er, Spencer, Stewart, Thayer, Van Winkle, Wade, 
Warner, Welch, Willey, Williams, Wilson — 35. 

Nats — Jlessrs. Bayard, Buckalew, Davis, Fowler, Hen- 
dricks. McCreery. Norton, Patterson of Tennessee, Sauls- 
bury, Vickers, Whyte — 11. 

In House. 

February 20 — On motion of Mr. Boutwell, the 
rules were suspended, (yeas 139, nays 35, not 
voting 48,) and the joint resolution of the Senate 
was taken up. 

Messrs Logan, Shellabarger, and Bingham 
subuiitted amendments. 

Mr. Boutwell moved to suspend the rules, and 
that the House proceed to vote on the pending 
amendments and the joint resolution without 
dilatory motions; which was agreed to — yeas 
144. nays 37, not voting 41. 

Mr. Logan's amendment — to strike from the 
first section the words "and hold office" — was 
disagreed to— yeas 70, nays 95, (not voting 57,) 
as follow : 

YcAS— Messrs. Archer. Delos R. Ashley, Axtell, Barnum, 
Beck, Benton, Bingham, Bayer, Burr, Gary, Chanlcr, 
Churchill, Coburn, Dockery, Eckley, Eldridije, Fields, 
Fox, Garfield, Gets, GoUaday, Gmver, UuigU, Halsey, Hig- 
l)y, H'llnuin. Hntcli kiss, Chester D. llubhiwd, Humphrey, 
liunter.Johjuon, Thomas L. Jones-, Judd, Ketoham, A'Tior^, 
George V. Lawrence, Logan, Marvin, ilcCormick, McCul- 
lough' Mercur, Miller, Moore, Moorhead, Morrell, Mun- 
gen, Myers, Niblick, Nicholsnn. O'Neill, Phetpa, Pile, 
Pruyu, liandall, Raum, Robertson, Schenek, Scofield, 
Selve, Smith, Spalding, Starkweather, Stevens, Stone, 
Taber, Tift. Van Trump, William Williams, Woodbridge, 
Woodward — 70. 

Nay«— Messrs. Allison, Ames, James M. Ashley, Ba- 
ker. Banks, Beaman, Beatty, Benjamin, Blaine, Blair, 
Boutwell, Bowen, Bromwell, Broomall, Buekland, 
Buckley. Roderick R. Butler. Cake. Callis, Reader AV. 
Clarke.-Sidney Clarke, Clift, Cobb, Cook, Corley, Cul- 
lom, Dawes, D'ickev, Dodge. Donnelly, Driggs, Eggle- 
ston, p:ia, Tliomas D. Elio't, James T. Elliott. Ferriss, 
French, Goss, Gove, Gravely, Hamilton, Haughoy, 
Heaton. Hooper, Hopkins. Hulburd, Jcnckes, Alexan- 
der H. Jones. Julian, Kelley, Kellogg, Kclsey, Kitchen, 
Koontz, Laflin, Lash, William Lawrence, Loughridge. 
Lvnch, Maynard, McKee, Newcomb, Nunn, Orth, 
Paine, Perham, Peters, Pettis, Pike, Plants, Poland, 
Pomeroy, Prince, Roots. Sawyer, Shanks. Shellabarger, 
Stokes. Stover, Sypher, Taffe, Thomas, John Trimble, 
Trowbridge, Twiehell, Upson, Van Aernam, Burt Van 
Horn, Ward, William B. Washburn. Welker, Whitte- 



406 



rOLITICAL MANUAL. 



more, Thomas Williams, Stephen F. Wilson, Windom 
—95. 

Mr. Bingham's amendment, to strike out the 
words "by the United States or," and insert the 
words " nativity, property, creed," so that it will 
read as follows: 

The right of citizens of the United States to 
vote and hold ofSce shall not be denied or 
abridged by any State on account of race, color, 
nativity, property, creed, or previous condition 
of servitude. 

Was agreed to — yeas 92, nays 71, (not voting 
59.) as follow : 

Yeas— Messrs Allison, Archer, James M. Ashlej', Ax- 
tell, Baker, Burnum, ISeatty, Beck, Benton, Binsrham, 
Blaine, Boyer, Buckland, Burr, Header W.Clarke, Cobb, 
Coburn, CuUom, Dockerv, Dodge, Donnelly, Driggs, 
Eeklev, Eagleston, Ela, 'Eldridgc, Farnsworth. Ferry, 
Fox, Garlield, Get:, (iravely. Griswold, Uaiyht, Hamilton, 
Ilaughev, Heaton, Ilulman. Hopkins. Uotchkiss, Chester 
D. liubllard, liumphren. Hunter, Alexander H. Jones, 
Judd, Julian, Kiteheu, Knot!, Koontz, Gcorse V. Law- 
rence. William Lawrence, Marvin, McCnrmiclc, McCiMough, 
Mereur, Moore, Moorhead, Muiigen, Myers, Newconib, 
JS'tblack, Nic/ioJson. Orth, Paine, Pettis, Pile, Plants, 7?an- 
daU, Raiim. liobiiison, 2ios^, Sehenck, Scofield, Shanks, 
Smith. Spalding, Starkweather, Stevens, Strme, Stover, 
Tavlor, Tps^on. Rol.iert T. Van Horn, Cadwalader C. 
Washburn, William B. Washburn. Welker.Whittemore, 
William Williams, James F. Wilson, John T. Wilson, 
Woodbridge, Woodward — 92. 

Xavs— Messrs. Delos R. Ashley, Banks, Beaman, Blair, 
Boutwell. Bowcn, Bromwell, Broomall, Buckley, Ben- 
jamin F. Butler, Roderick R. Butler, Cake, dr;/, 
Churchill. Sidney Clarke, Cook, Corley, Covode. Dawes, 
Diekoy, Thomas D. Eliot, James T. Elliott, Ferriss, 
Fields', French, Golladay, Goss, Gove, Grover, Halsey, 
Uiguv, Hooper, Hulburd, Jenekes, Johnsrm, Kelley, 
Kelsey, Ketcham. Lafiin. Lash, Loughridgo, Maynard, 
McKee, Miller, Morrell, Kunn, O'Neill, Perham, Phelps, 
Pike, Poland, Pomeroy, Price, Prince, Pruyn, Robert- 
son. Roots, Sawyer, Sefve.Shellabarger, Stokes, Sypher, 
Tatfe, Thomas, John Trimble, Trowbridge, Twiehell, 
Van Aernam, Burt Van Horn, Ward, Thomas Wil- 
liams— 71. 

Mr. Shellabarger then withdrew his amend- 
ment, and the joint resolution passed— yeas 
140, nays 37, (not voting 46,) as follow: 

Yeas — Messrs. Allison, Ames, Arnell, Delos R. .\shley, 
James M.Ashley, Baker, Banks, Beaman, Beatty, Ben- 
jamin, Benton", Bingham, Blaine, Blair, Boutwell, 
Bowen, Bromwell, Broomall, Buckland, Buckley, Ben- 
jamin F. Butler, Roderick R. Butler, Cako, Churchill, 
Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, 
Cook, Corley, Covode, CuUom, Dawes, Dickey, Dock- 
erv, Dodge, Donnellv, Driggs, Eeklev, Eggleston, Ela, 
Thomas D. Eliot, James T. Elliott, 'Farnsworth. Fer- 
riss, Ferry, Fields. French, Garfield, Goss, Gove, 
Gravely, Griswold, Halsey, Hamilton, Uaughey, Hea- 



ton. IHgby, Hill, Hooper, Hopkins, Chester D Hubbnrd, 
Hulburd, Hunter, Alexander H. Jones, Judd, Julian, 
Kelley, Kellogg, Kelscy, Ketcham, Kitchen, Koontz, 
Lafiin, Lash, George V. Lawrence, William Lawrence, 
Logan, Loughridge, Lynch, .Marvin, Maynard, McKee, 
Mereur, Miller, Moore. Moorhead, Morrell. Myers, 
O'Neill, Orth, Paine, Perham, Peters, Pettis. 'Pile, 
Plants, Poland, Pomeroy, Price, Prince, Raum, Roots, 
Sawyer. Sehenck, Scofield, Selye, Shanks. Shellabarger, 
Smith, Starkweather, Stevens, Stokes, Stover, Sypher, 
Tatle, Taylor, Thomas, Tift, J. dui Trimble, Trowbridge, 
'J'wiehell, Upson, Van Aeinam, Burt Van I iorn. Robert 
T. Van Horn, Ward, Cadwalader C. Washburn, William 
B. Washburn, Welker.Whittemore, Thomas \Villi,ams, 
William Williams, James F. 'Wilson, John T. Wilson, 
Stephen F. Wilson, Windom, Woodbridge, and Mr. 
Speaker Colfax— 140. 

Nays — Messrs. Archer, Axtell, Barnum. Bed; Boycr, 
Burr, Cary, Clianler, Eldriile/e, Fox, Gefz, Golladay, Gnn-cr, 
Jlaigld, 1 1 awk ins. Hoi man, IMchkiss, IIiimi>/irey. J enckcs, 
J(iJi)iS(/n, Knott. Marst{utl, Mcfhrmick, MC 'uHoio/fi, Mungen, 
Aiblack, JS'ic/iolson. I'helps. Pniyn, Randall, liohinson, lioss, 
Stone, Tuber, Van Trump, )yoodward, Young — 37. 

In Senate. 
February 23 — The Senate disagreed to the 
amendment of the House, and asked a confer- 
ence on tlie disagreeing votes of the two Houses 
thereon ; which was agreed to — yeas 32, nays 
17, as follow : 

Yeas— Messrs. Anthony. Cattell, Chand'.er, Cole, Conk- 
ling, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, 
Grimes, Harris, Howard, Howe, Morgan. Morrill of 
Maine, Morrill of Vermont, Morton, Nye, Osborn, Pome- 
roy, Ramsey, Sherman, Sprague, Stewart, Thayer, Tip- 
ton, Trumbull, Van Winkle, "Willey, Williams, Wilson 

Nats — Messrs. Abbott. Buckalero. Davis, Dixrm, Dnolit- 
tle, Kellogg, McCreery, Norton. Patterson of Tennessee, 
Pool, Rice, Robertson, Ross, Sawyer, Viclcers, Warner, 

Whyte—\1. 

Messrs. Stewart, Conkling, and Edmunds were 
appointed the managers of the conference on the 
part of the Senate ; and Messrs. Boutwell, Bing- 
ham, and Logan were appointed on the part of 
the House, the House having agreed to the con- 
ference — yeas 117, nays 37, not voting 68. 

February 25 — The conference reported, recom- 
mending that the House recede from their amend- 
ment, and agree to the resolution of the Senate, 
with an amendment, as follows: In section 1, 
line 2, strike out the words "and hold office," 
and the Senate agree to the same. 

February 26 — The Senate agreed to the report 
— yeas 39, nays 13, as printed on page 399. 

February 25 — The House agreed to the report 
— yeas 144, nays 44, not voting 35, as printed on 
page 399. 



XLl. 

MEMBERS OF THE CABINET OF PRESIDENT GRANT, 

AND OF THE FORTY-FIRST COxNGRESS. 



PRESIDENT GRANT'S CABINET.* 

Secretary of State — Hamilton- Fish, of New 
York, vice Ellihu B. Washburne, of Illinois, 
reMtiined Marcli 10, 1869. 



*Mr. Washournc wag nominated and confirmed as 
Secretary of State March 5, and resigned March 10, to 
take effect upon the qualification of his successor, which 
tpok place March 10. Mr. Alexander T.Stewart. o£ Now 



Secretary of the Treasury — Geosge S. Bout- 
well, of Massaciiusetts. 
Secretary of War — John A. Rawlins, of Illinois. 
Secretary of the Navy — Geoege M. Robeson, of 

York, was nominated and confirmed as .Secretary of the 
Treasury March 5, and resigned Slarch 0, being found 
disqualified by tho act of Congress of September 2, 
1789,prbviding that the Secretary of tlie Treasury, with 



LIST OF CABINET AND CONGRESS. 



407 



New Jersey, vice Adolph E. Borie, of Penn- 
sylvania, resigned June 25, 1869. 
Postmaster General — Jonx A. J. Creswell, of 

Maryland. 
Secretary of the Interior — Jacob D. Cox, of Oliic 
Attorney General — E. Rockwood Hoar, of Mas- 
sachusetts. 

MEMBERS OF THE FORTY-FIEST CONGRESS. 

First Session, March 4, 1S69— April 10, 1869. 

Senate. 

BcHUYLER Colfax, of Indiana, Vice-President of 
the United States and President of the Senate. 

George C. Gorham, of California, Secretary. 

Maine — William Pitt Fessenden, Hannibal Ham- 
lin. 

iVeiy Hampshire — Aaron H. Cragin, James W. 
Patterson. 

Ver7nont — Justin S. Morrill, George F. Edmunds. 

Massachusetts — Henry Wilson, Cliaries Sumner. 

Rhode Islayid — Henry B. Anthony, William 
Sprague. 

Connecticut — Orris S. Ferry, William A. Buck- 
ingham. 

New York — RoscoeConkling, Poeuben E. Fenton. 

New Jersey — Alexander G. Cattell, John P. 
Stockton. 

Pennsylvania — Simon Cameron, John Scott. 

Delaware — Willard Saulsbury, Thomas F. Bay- 
ard. 

Maryland — George Vickers, William T. Hamil- 
ton.* 

North Carolina — John C. Abbott, John Pool. 

South Carolina — Thomas J. Robertson, Frederick 
A. Sawyer. 

Alabama — Willard Warner, George E Spencer. 

Louisiana — John S. Harris, William P. Kellogg. 

Ohio — John Sherman, Allen G. Thurman. 

Kentucky — Thomas C. McCreery, Garrett Davis. 

Tennessee — Joseph S. Fowler, William G. Brown- 
low. 

Indiana — Oliver P. Morton, Daniel D. Pratt. 

Illinois — Richard Yates, Lyman Trumbull. 

Missouri — Charles D. Drake, Carl Schurz. 

Arkansas — Alexander McDonald, Benjamin F. 
Rice. 

Michigan — Jacob M.Howard, Zachariah Chand- 
ler. 

Florida — Thomas W. Osborn, Abijah Gilbert. 

Iowa — James W. Grimes, James Harlan. 

Wisconsin — Timothy 0. Howe, Matthew H. Car- 
penter. 

California — Cornelius Cole, Eugi ne Casserly. 

il/i;i/icsoto-Daniel S. Norton, Alexander Pi.amsey. 

Oregon — George H. Williams, Henry W. Corbett. 

Ka)isas — Edmund G. Ross, Samuel C. Pomeroy. 

West Virginia — Waitman T. Willey, Artiiur 1. 
Boreman. 



other officers described, sliall not be, directly or indi- 
rectly, concerned or interested in carrying on the bu<i- 
U'jss of trade or commerce, or be owner, iu whole or in 
part, of any sea vessel, or purchase, by himself or 
another in trust forhim.anypuljlio lands or other pul> 
lie property, or he concerned in the purchase or dis- 
posal of any public securities of any State or of the 
United States, or take or apply to his own use any 
emolument or gain for negotiating or transacting any 
bu.siness in the said Department other than what shall 
be allowed by law Mr. Boutwell qualified March 12, 
ISGfi. Mr. SchofieM -emained Secretary of War until 
Mareh 12. when M. . Tiawlins qualified 
*Oualified March ^5, 1809. 



Nevada — James W. Nye, William M. Stewart. 
iVcSras^a— John M. Thayer, Thomas W. Tipton. 

House of Representatives. 

James G. Blaine, of Maine, Speaker. 

Edward McPherson, of Pennsylvania, Clerk 

J/auie— John Lynch, Samuel P. Morrill, James 
G. Blaine, Jobn A. Peters, Eugene Hale. 

New Hampshire*— J acoh II. Ela, Aaron F. Ste- 
vens, Jacob Benton. 

Vermont — Charles W. Willard, Luke P. Poland, 
Worthingtou C. Smith. 

Massachusetts — James Buffinton, Oakes Ames, 
Ginery Twichell, Samuel Hooper, Benjamin F. 
Butler, Nathaniel P. Banks, George S. Bout- 
well,! George F. Hoar, William B. Washburn, 
Henry L. Dawes. 

Rhode Island — Thomas A. Jenckes, Nathan F. 
Dixon. 

ConiiecticutX — Julius Strong, Stephen W. Kellogg, 
Henry 11. Starkweather, William H. Barnum. 

New York — Henry A. Reeves, John G. Schuma- 
ker, Henry W. Slocum, John Fox, John Mor- 
rissey, Samuel S. Cox,§ Hervey C Calkin, James 
Brooks, Fernando Wood, Clarkson N. Potter, 
George W. Greene, John H. Ketcham, John A. 
Griswold, Stephen L Mayham, AdoliJius H. 
Tanner, Orange Ferriss, William A. Wlieeler, 
Stephen Sanford, Charles Knapp, Addison H. 
Lafiin, Alexander H. Bailey, John C. Cliurch- 
ill, Dennis McCarthy, George W. Cowles, Wil- 
liam H. Kelsey, Giles W. Hotchkiss, Hamilton 
Ward, Noah Davis, John Fisher, David S. 
Bennett, Porter Sheldon. 

New Jersey — William Moore, Charles Haight, 
John T. Bird, John Hill, Orestes Cleveland. 

Pennsylvania — Samuel J. Randall, Charles 
O'Neill, Leonard Myers, || William D. Kelley, 
John R. Reading, John D. Stiles, Washington 
Townsend, J. Lawrence Getz, Oliver J. Dickey, 
Henry L. Cake,DanielM. Van Auken, George 
W. Woodward, Ulysses Mercur, John B. 
Packer, Richard J. Plaldeman, John Cessna, 
Daniel J. Morrell, William H. Armstrong, 
Glenni W. Scofield, Calvin W. Gilfillan (va- 
cancy), James S. Negley, Darwin Phelps, 
Joseph B. Donley. 

Delaware — Benjamin T. Biggs. 

Maryland — Samuel Hambleton, Stevenson Ar- 
cher, Tliomas Swann, Patrick Hamill, Frede- 
rick Stone. 

North Carolina — Clinton L. Cobb, David Heaton, 
Oliver H. Dockery, John T. Deweese, Israel G. 
Lash, Francis E.Shober.^f Alexander H.Jones. 

South Carolina — B. F. Whittemore, C. C. Bowen, 
Solomon L. Hoge,** (vacancy.) 

Louisiana — (Vacancy,) Lionel A. Sheldon,*** 
(vacancy,) (vacancy.) 

O/iio— Peter W. Strader, Job E. Stevenson, 

* Qualified March 15. 

+ Resigned March 12. 

5; Messrs. Strong, Kellogg, and Starkweather quali- 
fied .April 9, 18G9 ; Mr. Barnum did not appear. 

§Did not qualify, by reason of absence from the 
country. 

II Qualified April 9, 18G9, in place of John Moflfet, 
unseated. 

1[Did not qualify, disabilities not having been re- 
lieved. 

** Admitted on prima facie, yeas 101, nays 39, and 
qualified April 8. 

***Qualifiod April 8, having been voted entitled to the 
seat, yeas 85, nays 38. 



408 



POLITICAL JIANUAL. 



Robert C. Schenck, V/illiam Lawrence, Wil- 
liam Mungen, John A. Smith, James J. 
Winans, John Beatt}', Edward F. Dickinson, 
Truman H. Hoag, John T. Wilson, Thiladelph 
Van Trump, George W. Morgan, Martin 
. Wtlker, Eliakira H. Moore, John A- Bingham, 
Jacob A. Ambler, William H. Upson, James 
A. Garfield. 

Kentucky — Lawrence S. Trimble, William N. 
Sweeney, J. S. Golladay, J. Proctor Knott, 
Boyd Winchester, Thomas L. Jones, James B. 
Beck, George \l. Adams, John M. Rice. 

Tennessee — Roderick R. Butler, Horace May- 
nard, William B. Stokes, Lewis Tillman, Wil- 
liam F. Prosser, Samuel M. Arnell, Isaac R. 
Hawkins, William J. Smith. 

JncZiajia— William E. Niblack, Michael C. Kerr, 
William S. Holman, George W. Julian, John 
Coburn, Daniel W. Voorhees, GodloveS. Orth, 
James N. Tyner, John P. C. Shanks, William 
Williams, Jasper Packard. 

Illinois — Norman B. Judd, John F. Farnsworth, 
EUihu B. Washburne,* John B. Hawley, 
Ebon C. Ingersoll, Burton C. Cook, Jesse H. 
Moore, Shelby M. Cullom, Thompson W. 
McNeely, Albert G. Burr, Samuel S. Marshall, 
John B. Hay, John M. Crebs, John A. Logan. 

•Resigned 



Missouri — Erastus Wells, Gustavus A. Finkeln- 
burg, James R. McCormick, Sempronius H. 
Eoyd, Samuel S. Burdett, Robert T. Van 
Horn, Joel F. Asper, John F. Benjamin, Da- 
vid P. Dyer. 

Arkansas — Logan H. Roots, A. A. C. Rogers, 
Thomas Boles. 

Michigan — Fernando 0. Beaman, William L. 
Stoughton, Austin Blair, Thomas W. Ferry, 
Omar D. Conger, Randolph Strickland. 

Florida — Charles M. Hamilton. 

Jowa— George W. McCrary, William Smyth, 
William B. Allison, William Loughridge, 
Frank W. Palrner, Charles Pomeroy. 

Wisconsin — Halbert E. Paine, Benjamin F. 
Hopkins, Amasa Cobb, Charles A. Eldridge, 
Philetus Sawyer, Cadwalader C Washburn. 

California — Samuel B. Axtell, Aaron A. Sar- 
gent, James A. Johnson. 

Minnesota — Morton S. Wilkinson, Eugene M. 
Wilson. 

Oregon — Joseph S. Smith. 

Kansas — Sidney Clarke. 

West Virginia — Isaac H. Duval, James C. Mc- 
Grew, John S. Witcher. 

Nevada — Thomas Fitch. 

Nebraska — John Taff e. 

March 6. 



XLII- 



POLITICAL VOTES IN FIRST SESSION OF FORTY-FIRST CONGRESS. 



Additional Beconstruction Lagislatioa- 

An Act authorizing the submission of the con- 
stitutions of Virginia, Mississippi, and Texas 
to a vote of the peojde, and authorizing the 
election of State officers, provided by the said 
constitutions, and members of Congress. 
Be it enacted, &c.. That the President of the 
United States, at such time as he may deem best 
for the public interest, may submit the constitu- 
tion which was framed by the convention which 
met in Richmond, Virginia, on Tuesday, the 
3d day of December, 1867, to the voters of said 
State, registered at tlie date of said submission, 
for ralification or rejection, and may also .sub- 
mit to a separate vote i«uch [irovisions of said 
constitution as he may deem best, such vote to 
be taken either upon each of the said provisions 
alone, or in connection with the other portions 
of said constitution, as the President may direct. 
Sec. 2. That at the same election the voters 
of said State may vote for and elect members of 
the General Assembly of said State, and all the 
officers of said State provided for by the said 
constitutioa, and members of Congress; and the 
officer commanding the district of Virginia shall 
cause the lists of registered voters of said State 
to be revised, enlarged, and corrected prior to 
such election, according to law, and for that 



purpose may appoint such registrars as he may 
deem necessary. And said elections shall be 
held, and returns thereof made, in the manner 
provided by the acts of Congress commonly 
called the reconstruction acts. 

Seo. 3. That the President of theUnited States 
may in like manner submit the constitution of 
Texas to the voters of said State at such time 
and in such manner as he may direct, either the 
entire constitution, or separate provisions of the 
same, as provided in the 1st section of this act, 
to a separate vote; and at the same election ih« 
voters may vote for and elect the members of 
the Legislature and all the State officers pro- 
vided for in said constitution, and members of 
Congress: Provided, also. That no election shall 
be held in said State of Texas for any purpose 
until the President so directs. 

Sec. 4. That the President of the United States 
may in like manner re-submit the constitution 
of Mississippi to tlie voters of said State at such 
time and in such manner as he may direct, either 
the entire constitution or separate provisions of 
tlie same, as provided in the 1st section of this 
act, to a separate vote; and at the same election 
the voters may vote for and elect the members of 
the legislature and all the State officers provided 
for in said constitution, and members of Con- 
gress. 



POLITICAL VOTES. 



409 



Sec. 5. That if either of said constitutions 
shall be ratified at such election, the Legislature 
of the State so ratifying, elected as provided for 
in this act, shall assemble at the capital of said 
State on the fourth Tuesday after the ofiicial 
promulgation of such ratification by the mili- 
tary officer commanding in said State. 

Sec. 6. That before the States of Virginia, 
Mississippi, and Texas shall be admitted to rep- 
resentation in Congress, their several legisla- 
tures, which may be hereafter lawfully organ- 
ized, shall ratify the fifteenth article which has 
been proposed by Congress to the several States 
as an amendment to the Constitution of the 
United States. 

Sec. 7- That the proceedings in any of ttie 
said States shall not be deemed final, or operate 
as a complete restoration thereof, until their 
action, respectively, shall be approved by Con- 
gress. 

Approved April 10, 1869. 

The final votes on this act were as follow: 

In Senate, April 9. 

Yeas— Messrs. Abbott, Boreman, Brownlow, Bucking- 
ham, Carpenter, Cattell, Chandler, Cole,Conkling, Cor- 
bett, Cragin, Drake, Fonton, Ferry, Fessenden, Ham- 
lin, Harris, Howard, Howe, McDonald, Morrill, Morton, 
Nye, Patterson, Pomeioy, Pratt, Ramsey, Rice, Rob- 
ertson, Ross, Sawyer, Schurz, Scott, Sherman, Spencer, 
Stewart. Sumner, Thayer, Tipton, Trumbull, Warner, 
Willey, Williams, Wilson — H. 

Nats— Messrs. Bayard, Casserly, Davis, Fowler, UcCree- 
ry, JVorton, Sprague, Stockton, Thurman — 9. 

In House, April 9. 

Yeas — Messrs. Ambler, Ames, Armstrong, Asper, 
Banks, Beaman, Benton, Bingham, Blair, Boles, Bow- 
en, Boyd, Butfinton,B. F. Butior, Cake, Cessna, Church- 
ill, Amasa Cobb, Clinton L. Cobb, Cobum, Cook, Conger, 
Cullom, Dawes, Deweese, Dockory, Duval, Ela. Farns- 
worth, Ferriss, Ferry, Pinkelnburg, Fitch, Gilfillan, 
Hale, Hawley, Hay, Heaton, Hoar, Hooper, Hopkins, 
Hotehkiss, IngersoU, Alexander U. Jones, Judd, J ulian, 
Kelley, Kellogg, Ketcham, Knapp, Laflin. Lash, Logan, 
Loughridge. Lynch. Maynard, McCarthy, McCrary, 
McGrew, Mercur, William Moore, Morrell, Myers, Neg- 
ley, O'Neill, Orth, Packard, Paine, Palmer. Plielps, Po- 
land, Pomeroy, Prosser, Roots, Sargent, Sawyer, Sco- 
field. Shanks, Lionel A.Sheldon, Porter Sheldon, John 
A. Smith, William J. Smith, William Smyth, Stark- 
weather, Stevens, Stevenson, Stokes, Stough'ton, Strick- 
land, Strong, Tanner, Tillman, Townsend, Twichell, 
Tyner, Upson, Van Horn, Ward, Cadwaldcr C, Wash- 
burn, Welker, Wheeler, Whittemore, Wilkinson, Wil- 
lard, Williams, John T. Wilson, VVinans, Witeher — 108. 

Nats — Messrs. Adams, Archer, Axtell, Biggs, Bird, 
Brnnls, Burr, Cleveland, Crebs, Eldridge, Getz, Gulladay, 
Grisivukl, Ifaldcman, Hamill, Hawkins, Holinan, Tliomas 
L. JoiW!, Ki )•;■, Knott, Marshall, Mayham, McCormick, Mc- 
KceJy, Nihiack, I'olter, Reeves, Slocum, Stone, Swann, Sweeney, 
Trimhle, Van Aukeu, Van Trump, Voorhecs, Wells, Eugene 
M. Wilson, Winchester, Woodward— 39. 

Previous Votes. 

In House. 
1869, April 8 — The House passed the following 
bill: 

An Act authorizing the submission of the con- 
stitutions of Virginia, Mississippi, and Texas 
to a vote of the people, and authorizing the 
election of State officers, provided by the said 
constitutions, and members of Congress. 
Be it enacted, &c., That the President of ihe 
United States, at such time as he may deem best 
for the public interest, may submit the constitu- 
tion which was framed by the convention which 
met in Richmond, Virginia, on Tuesday, the 3d day 



of December, 1867, to the registered voiors of said 
State for ratification or rejection, and may also 
submit to a separate vote such provisions of said 
constitution as he may deem best, such vote to 
be taken either upon each of the said provisions 
alone, or in connection with the other portions 
of said constitution, as the President may direct. 

Sec. 2 That at the same election the voters 
of said State may vote for and elect members of 
the general assembly of said State, and all the 
officers of said State provided for b}^ the said 
constitution, and members of Congress; and the 
officer commanding the district of Virginia shall 
cause the lists of registered voters of said State 
to be revised and corrected prior to such election, 
and for that purpose may appoint such registrars 
as he may deem necessary. And said election 
shall be held and returns thereof made in the 
manner provided by the election ordinance 
adopted by the convention which framed said 
constitution. 

Sec. 3. That the President of the United States 
may in like manner submit the constitution of 
Texas to the voters of said Stale at sucli time 
and in such manner as he may direct, either the 
entire constitution, or separate provisions of the 
same, as provided in the 1st section of this act, 
to a separate vote ; and at the same election the 
voters may vote for and elect the members of the 
legislature and all the State officers provided for 
in said constitution, and members of Congress: 
Provided, also, That no election shall be held in 
said State of Texas for any purpose until the 
President so directs. 

Sec. 4. That the President of the United States 
may in like manner re-submit the constitution of 
Mississippi to the voters of said State, at such 
time and in such manner as he may direct, either 
the entire constitution or separate provisions of 
the same, as provided in the 1st section of this 
act, to a separate vote; and at the same election 
the voters may vote for and elect the members 
of the legislature and all the State officers pro- 
vided for in said constitution, and members of 
Congress. 

Sec. 5. That if either of said constitutions shall 
be ratified at such election, the legislature of the 
State so ratifying, elected as provided for in this 
act, shall assemble at the capital of said States, 
respectively, on the fourth Tuesday after the 
official promulgation of such ratification by the 
military officer commanding in said State. 

Sec 6. That in either of said States the com- 
manding general, subject to the approval of the 
President of the United States, may suspend, 
until the action of the legislature elected under 
the constitution respectively, all laws that he 
may deem unjust and oppressive to the people. 

Yeas 125, nays 25, (not voting 47,) as follow : 

Yeas— Messrs. Allison, Ambler, Armstrong, Arnell, 
Axtell, Uailey, Banks, Beaman, Beatty, Beck, Bingham, 
lilair, Boles, Bowen, Brooks, Bufflnton, Burdott, Ben- 
jamin F. Butler, Roderick R. Butler. Oilkin, Cessna, 
Churchill,Clarke,AmasaCobb, Clinton L.Cobb. Coburn, 
Cook, Conger, Crebs, Cullom, Davis, Dawes, Deweese, 
Diekey, Dickinson, Dixon, Dockery, Donley, Duval, 
Ela, Farnsworth, Ferriss, Ferry, Finckclnl)urg. Fisher, 
Fitch, Garfield, Gilfillan, Hale, Hawley, Hay, Heaton, 
Hill, Hoar, Hoge. Hopkins, Hotehkiss, IngersoU, 
Jenckes. Alexander H. Jones, Judd, Julian, ivellcy, 
Kclsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lo- 
gan, Loughridge, Lynch, McCarthy, McCormick, McCra- 
ry, McGrew, William Moore, Morgan, Morrell, Morrill, 



410 



POLITICAL MANUAL. 



Nc?:ley, O'Neill, Orth, Packard, Packer, Paine, Palmer, 
Phelps, Poland. Pomeroy. Prosser, Roots, Sanford, Saw- 
yer, Schcnek, Scoficld, i^hanks, Sheldon, Slocvm, John 
A. Smith, \ViIliani J. Smith, William Smyth, Steven?, 
Stevenson, Stokes, Stoughton, Strirklaiid, Tanner. Till- 
man, Townsenii, Tyucr. Up.-on, Ward, Cadwalader C. 
Wa^^hburn, William B. Wa.~hl.urn, Wclkor, Wheeler, 
Whittemore, Wilkinson, Willard, WilHams, John T. 
Wilson, Winans, Witchor, M'oudward — 1.15. 

Navs — Messrs. Adams, Archer, Biggs, Ilird, liurr, Cleve- 
land, Eldridgc, Oetz. Oolladay, Ilaldcman, IJamill, Hohnan, 
Tlicnuis L. Jones. Kerr, Knuit, McNeely, Mnffct, A'ihlack; 
Potter, Randall, Reeves, Sweeney, Trimble, Wells, Winches- 
ter — 25. 

In Senate. 
1869, April 9 -The House bill pending, 
Mr. Morton moved this as a new section : 
That, before the States of Virginia, Missis- 
sippi, and Texas shall be admitted to representa- 
tion in Congress, their several legislatures, which 
may be hereafter lawfully organized, shall ratify 
the fifteenth article which has been proposed by 
Congress to the several States as an amendment 
to tlie Constitution of the United States. 

Which was agreed to — yeas 30, nays 20, as 
follow : 

Yeas— Messrs. Abbott, Brownlow, Buckingham, Car" 
penter, Cliandler, Cole, Drake, llarris, Howard, McDon- 
ald, Morrill. Morton, Is'ye. Osborn, Pool, Pratt. Ramsey, 
Rice, Robertson, Ross. Schurz, Sherman, Stewart, Sum- 
ner, Thayer, Tipton, Warner, Williams, Wilson, Yates 
— 3U. 

, Nats — Messrs. Anthony, Bayard, Boreman, Casserly, 
Conkliug, i'ar'is, Edmunds, Fenton, Ferry, Fessenden, 
Fowler, "l/cCrce)-i/, A'oi-ion, Patterson, Sawyer, Sprague, 
aiocktnn, Thurman, Trumbull, Willey— 20. 

A few unimportant changes were made, and 
the bill passed both Houses, as above. 

[A bill passed the House of Representatives, 
December 9, 186S, providing for an election in 
Virginia on the 27th of May, 1869, on the con- 
stitution and for State officers, and for mem- 
bers of Congress, the legislature to meet Sep- 
tember 7. It passed without a division. The 
bill was reported in Senate from the Judiciary 
Committee, w?th amendments, February 10, 
1869, but was not called up. 

The general provisions of the bill were these : 
That the constitution adopted by the convention 
which met in Richmond, Virginia, on the 3J day 
of December, A. D. 1867, be submitted for ratifi- 
cation on the day above named to the voters of 
the State of Virginia, who shall then be regis- 
tered and qualified as such in compliance with 
the acts of Congress known as the reconstruction 
acts. The vote on said constitution shall be " for 
the constitution," or "against the constitution." 
The said election shall be held at the same places 
where the election for delegates to said conven- 
tion was held, and under the regulations to be 
prescribed by the commanding general of the 
military district, and the returns made to him 
as directed by law. 

It is provided by the second section that an 
election shall be hold at the same time and 
places for members of the general assembly and 
for all State officers to be elected by the people 
under said constitution; the election for State 
oflicers to be conducted under the same regula- 
tions as the election for the ratification of the 
constitution and by the same persons. The re- 
turns of this election ahall be in duplicate ; one 
copy to the commanding general and one copy 
to the president of said convention, wlio shall 
give certificates of election to the persona elected. 



The officers elected shall enter upon the duties 
of the offices for which thej' are chosen as soon 
as elected and qualified in compliance with the 
provisions of said constitution, and shall hold 
their respective offices for the term of years pre- 
scribed by the constitution, counting from the 
1st day of January next, and until their suc- 
cessors are elected and qualified. 

The third section provides tliat an election for 
members of the United States Congress shall be 
held in the congressional districts as established 
by said convention, one member of Congress be- 
ing elected in the State at large, at the same 
time and places as the election for State officers; 
said election to be conducted by the same per- 
sons and under the same regulations before men- 
tioned in this act; the returns to be made in the 
same manner provided for State officers. 

By the fourth section it is provided that no 
person shall act either as a member of any board 
of registration to revise and correct the registra- 
tion of voters as ()rovided in section seven of the 
act of July 19, 1867, amendatory of the act of 
March 2, 1867, entitled "An act for the more 
efficient government of the rebel States," &c., or 
as a judge, commissioner, or other officer, at any 
election to be held under the provisions of this 
act, who is a candidate for any office at the 
elections to be held as herein provided for. 

The fifth section provides that the general 
assembly elected under and by virtue of this act 
shall assemble at the capitol, in the city of Rich- 
mond, on first Tuesday in September, 1869. 

The Senate committee's amendments were : To 
submit, at the same election, to a separate vote 
of said voters, the question whether the fourth 
subdivision of the first section of the third article 
and the seventh section of the third article of 
said constitution shall constitute a ])art thereof, 
and the vote on said question shall be " for dis- 
qualification" or "against disqualification." Also, 
to substitute the following for the fifth section : 

In case a majority of all the votes cast on the 
ratification of the constitution shall be " for the 
constitution," the general assembly elected under 
and by virtue of this act shall assemble at the 
capitol, in the city of Richmond, on the first 
Tuesday of July, 1869; but if a majority of the 
votes cast on the question of ratification be 
against said constitution, said general assembly 
shall not convene nor shall any person elected 
to office under the provisions of this act enter 
upon the discharge of the duties thereof in pur- 
suance of said election. The provision of the 
constitution voted upon separately shall consti- 
tute a part of the constitution if a mnjority of 
the votes cast upon it be " for disqualification ;" 
but if a majority of the votes cast on that ques- 
tion be " against disqualification," it shall not 
constitute part of the constitution] 

The Mississippi Bill. 

In House. 

1869, March— Mr. Benjamin F Butler, from 
the Committee on Reconstruction, reported the 
following bill: 
A Bill to provide for the organization of a 

provisional government for the State of Mis- 

Bissippi. 



POLITICAL VOTES. 



411 



Be it enacted, cC-c, That for the better security ' 
of persons and property in Mississippi, the con- 
Btitutioaal convention of said State, heretofore 
elected under and in pursuance of an act of 
Congress, passed March 2, 1867, entitled "An 
act for the more efficient government of the 
rebel States," and the several acts of Congress 
supplementary thereto and amendatory thereof, 
and as organized at the time of its adjournment, 
is hereby authorized to assemble forthwith upon 
the call of the president thereof; and in case of 
his failure for thirty days to summon said con- 
vention, then the commanding general of the 
fourth military district is hereby authorized and 
required to summon by proclamation said con- 
vention to assemble at the capital of said State ; 
and said convention shall have, and it is hereby 
authorized to exercise, the following powers in 
addition to the powers now authorized by law, 
to wit : to appoint a provisional governor ; to 
authorize the provisional governor of said State 
to remove and appoint registrars and judges of 
elections under said acts of Congress, who shall 
not be voted for at elections within their own 
precincts; to submit to the people of said State 
the constitution heretofore framed by said con- 
vention, either with or without amendments; 
to provide by ordinance that the votes for and 
against said constitution and for and against the 
clauses thereof submitted by this act to a sep- 
arate vote, together with the votes cast for and 
against all State and local officers voted for 
under said constitution, shall be forwarded to 
the provisional governor by the judges of elec- 
tion, and shall be counted in the ]:iresence of the 
provisional governor, the general commanding 
the military district of Mississippi, and such 
committee as the. convention may appoint for 
that purpose ; and it shall be the duty of said 
provisional governor, commanding general, and 
committee to make proclamation of the result 
of such elections; to pass laws exempting a 
homestead not exceeding $1,000 in value, and 
household furniture, mechanical and farming 
tools, provisions, and other articles of personal 
property necessary for the support of a family, 
not exceeding$500 in value, from seizure or sale 
upon process for the collection of debts; wliich 
laws shall continue in force until repealed or 
modified by the legislature to be elected under 
the Constitution ; and to pass such ordinances, 
not inconsistent with the Constitution and laws 
of the United States, as it may deem necessary 
to protect all persons in their lives, liberty, and 
property: PromcZet?, That said convention shall 
not continue in session for more than sixty 
days: And provided further, That the districts 
unrepresented from any cause in the convention 
at the time of its adjournment shall at once 
proceed to elect duly qualified persons to take 
seats m said convention. The election of such 
delegates shall be held under the direction of 
the commanding general, in accordance with the 
provisions of the act of Congress approved 
March 2, 1867, entitled "An act for the more 
efficient government of the rebel States," and 
the acts supplementary thereto ; and certificates 
of election shall be awarded to the candidates 
receiving the highest number of votes: And 
provided, also, That said convention may submit 



any one or more provisions of said proposed 
constitution to a separate vote. 

Sec. 2. That the several ordinances which may 
be passed by the constitutional convention of 
said State within the limitations as herein pro- 
vided, shall be in force in said State until disap- 
proved by Congress, or until Mississippi shall have 
adopted a constitution of State government and 
tiie same shall have been apjiroved by Congress: 
Provided, That nothing in this act contained shall 
dejjrive any person of trial by jury in the courts 
of said State for offences against the laws of said 
State. 

Sec. 3. That the military commander in said 
State, upon the requisition of the provisional 
governor thereof, shall give aid to the officers of 
the provisional government of said State in pre- 
serving the peace and enforcing the laws, and 
especially in suppressing unlawful obstructions 
and forcible resistance to the execution of the 
laws. 

Sec. 4. That the said provisional governor 
may remove from office in said State any person 
holding office therein, and may appoint a succes- 
sor in his stead, and may also fill all vacancies 
that may occur by death, resignation, or other- 
wise, subject, however, in all removals and ap- 
pointments, to the ordei's and directions of the 
President of the United States; and the Presi- 
dent of the United States may at any time re- 
move the said provisional governor and appoint 
a successor in his stead. 

Sec. 5. That if at any election authorized in 
the State of Mississippi any person shall know- 
ingly personate and falsely assume to vote in the 
name of any other person, whether such other 
person shall then be living or dead, or if the 
name of the said other person be the name of a 
fictitious person, or vote more than once at the 
same election for any candidate for the same 
office, or vote at a place where he may not be 
lawfully entitled to vote, or without having a 
lawful right to vote, or falsely register as a voter, 
or do any unlawful act to secure a right or an 
opportunity for himself or other person to vote, 
or shall, by force, fraud, threat, menace, intimi- 
dation, bribery, reward, offer, or promise of any 
valuable thing whatever, or by any contract for 
employment, or labor, or for any right whatever, 
or otherwise attempt to prevent any voter who 
may at any time be qualified from freely exer- 
cising the right of suffrage, or shall by either of 
such means induce any voter to refuse or neglect 
to exercise such right, or compel or induce, by 
either of such means, or otherwise, any officer of 
an election to receive a vote from a person not 
legnlly qualified or entitled to vote, or interfere 
to hinder or impede in any manner any officer 
in any election in the discharge of his duties, or 
by either of such means, or otherwise, induce 
any officer in any election, or officer whose duty 
it is to ascertain, announce, or declare the result 
of any vote, or give or make any certificate, 
document, or evidence in relation thereto, to 
violate or refuse to comply with his duty or any 
law regulating the same, or if any such officer 
shall neglect or refuse to perform any duty re- 
quired of him by law, or violate any duty im- 
posed by law, or do anj^ act unauthorized by law 
relating to or affecting any such vote, election, 



412 



POLITIC.iL MAXUAL. 



or the result thereof, or if any person shall aid, 
counsel, procure, or advise any sucii voter, per- 
son, or officer to do any act herein made a crime, 
or to omit to do any duty the omission of whicii is 
hereby made a crime, or attempt eo to do, or if 
any person shall by force, threat, menace, in- 
timidation, or otherwise prevent any citizen or 
citizens from assembling in public meeting to 
discuss or hear discussed any subject whatever, 
or if any person shall by any means break up, 
disperse, or molest any assemblage, or any citi- 
zen in or of such assemblage when met or meet- 
ing to discuss or hear discussion, as aforesaid, or 
ehall by any means prevent any citizen from 
attending any such assemblage, every person so 
offending shall be deemed guilty of a crime, and 
fihall for such crime be liable to indictment in 
any court of the United States of competent 
jurisdiction, and on conviction thereof shall be 
adjudged to pay a fine not exceeding five hun- 
dred dollars or less than one hundred dollars, 
and suffer imprisonment for a term not exceed- 
ing three years nor less than six months, in the 
discretion of the court, and pay the costs of 
prosecution. 

Sec. 6. That no officer of Mississippi shall buy 
or sell treasury warrants, or claims of any sort 
upon the treasury of the State, or of any county 
or district thereof. All taxes and moneys col- 
lected by any officer shall be paid into the ap- 
propriate treasury ; and any collector who may 
receive warrants in payment of taxes shall file 
with the treasurer a schedule, made under oath, 
of such warrants, with the name and residence 
of each person from whom any such warrant 
may have been received. Any person who shall 
violate this sectionAfeall be deemed guilty of a 
misdemeanor, and Sfion conviction thereof shall 
be punished as is prescribed in the fifth section 
of this act. 

Sec. 7. That the courts of the United States 
shall have jurisdiction of cases arising under this 
act. 

Sec. 8. That the poll-tax levied in any one 
year upon any citizen of Mississippi shall not 
exceed $1 50, and all laws in said State for the 
collection of taxes and debts shall be uniform, 
and every citizen shall be entitled to all the ex- 
emptions and immunities in these respects of the 
most favored citizen or class of citizens. 

Sec. 9. That all lands which shall hereafter 
be forfeited and sold for non-payment of any 
tax, impost, or assessment whatever, in the 
State of Mississippi, or under proceedings in 
bankruptcy, or by virtue of the judgment or 
decree of any court in the said iState of Missis- 
sippi, shall be disposed of only by sale in sepa- 
rate sub-divisions not exceeding forty acres each : 
Provided, however, That such portion of said 
land sliall first be offered for sale as can be sold 
with the least injury to the remainder. 

April 1 — Its further consideration was post- 
poned till the first Monday in December next — 
yeas 1U3, nays 62, (not voting 31,) as follow : 

YE.4S— Messrs. Allison, Archer, Armstrong, AxteV. 
Bailey, Beck, Big'jx, Bird, Blair, Broolcs, Burr, Calkin. 
Chrclnnil, Cowles, Crchs. CuUom, Davvfs, Dewecso„/;(f/.- 
tnAon, Di.xon, Dockcry, EMruhje, Farns\V(n-tli, F(MTiss, 
Finkelnburc, Fitch, (iarlioM, OV?z, Gilfillnn, Gnlladan, 
GrisMold, Ilaldeman, Ilalc, Ilnmhleton, Hamill, Hawkins, 
Ilawley, IIoa(j, Uobnnn, Hopkins, Uote.hkiss, Jeuckes, 
Johnson, Thomas L. Jones, Kerr, Laflin, Loughridge, 



Lynch. Marshall, Mayham, McCarthy, McCormick, Mc- 
Crary. McNecln. Mcreur. Moffot, Jesse H. Moore, William 
Moore. Morgan, Mon-ell, Morrill, Munqen, mblack, O'- 
Neill. Packer. Palmer, Peters, Poland, Poinero.v,/'o^'er, 
Bandall, Rrnding. Beeves, Bice, Rogers, Sclienek, Schu- 
7nn!.'r, Srniiclii. Shanks. Slocum, VVorthingron C.Smith, 
AVilliain Smyth, Stin-en<, Stiles, Stokes, (SYo)ie, Strick- 
land. lSuann,'Swcenei/, Taffe, Tanner, Trimble, Twiehell, 
Van Auken. Voorhees, Cadwalader < '. Washburn, William 
B. Washburn, Wells. Wilkinson, Willard, Eugene M. 
^\'ils()n, Winans, Woodward — 103. 

N.\YS — Messrs. Ambler, Arnell, .^sper.Beaman, Beatty, 
Benton, Bingham, Bowen, Boyd, Buffinton, Burdett, 
Benjamin F. Butler, Roderick R. Butler, Cake. Cessna, 
Churchill, Amasa Cobb, Clinton L. Cobb, Cobiirn, Cook, 
Conger, Donley, Duvall, Ela, Fisher, Hay, Heaton, Hill, 
Hoar, Alexander H. Jones, Judd, Julian, Kelley, Kel- 
sey, Knapp, Bash, Lawrence, Maynard, Eliakim U. 
Moore, Negley, Orth, Packard, Pairie, Phelps, Prosser, 
Roots, Sargent, Sheldon, John A. Smith, William J. 
Smith, Stevenson, Stoughton, Tillman, Tyncr, Upson, 
Van Horn, Ward. Welker, Whittemore, Williams, John 
T. Wilson, Witcher— 02. 



The Public Credit Act. 

This bill became a law March 18, 1869, being 
the first act approved by President Geant: 

Be it enacted, &c.. That in order to remove 
any doubt as to the purpose of the Government 
to discharge all just obligations to the public 
creditors, and to settle conflicting questions and 
interpretations of the laws by virtue of whicli 
such obligations have been contracted, it is 
hereby provided and declared, that the faith of 
the United States is solemnly pledged to the 
payment in coin or its equivalent of all the 
obligations of the United States not bearing 
interest, known as United States notes, and of 
all the interest- bearing obligations of the United 
States, except in cases where the law authoriz- 
ing the issue of any such obligation has ex- 
pressly provided that the same may be paid in 
lawful money or other currency than gold and 
silver. But none of said interest-bearing obli- 
gations not already due shall be redeemed or 
paid before maturity unless at such time United 
States notes shall be convertible into coin at the 
option of the holder, or unless at such time 
bonds of the United States bearing a lower rate 
of interest than the bonds to be redeemed can 
be sold at par in coin. And the United States 
also solemnly pledges its faith to make provision 
at the earliest practicable period for the redemp- 
tion of the United States notes in coin. 

March 12 — It passed the House — yeas 97, 
nays 47, (not voting 49.) as follow : 

Ykas — IMessrs. .\llison. Ambler, Ames, Armstrong, 
.\rnell, Aspor, AxtcU, Bailey, Banks, Beaman, Benja- 
min, Bennett, Biiit;liam, Blair, Bole.?, Bovd, Buffinton, 
Burdett. ( :e.ssn:i, Ohurrlull, Clinton L. Cobb, Cook, Con- 
ger,f:owl('s,Ciilloin, Dawe.':, lionley, Duval, Dyer, Varns- 
wfjrth, Ferri.<s, Ferry, Fiidcelnburg, I'"i>hei-, I'iteh, 
CiilfiUan, Hah". ITawley, Heaton, Hoar, Hooper, Hoteh- 
kiss, Jenekes, Alexander H. Jones, Judd, Julian, Kel- 
sey, Ketcham, Jvnap;), Laflin, Lash, Lawrence, Lynch, 
.Maynard, MeCrary, McGrew, Mercur. Jesse H. Moore, 
William Moore, Morrill, Negley, O'Neill, Packard, 
Paine, Palmer, Phelps, Poland, Pomerov, Prosser, 
Roots, Sanfr.rd, Sargent, Sawyer, SchoneU. S. •..field, 
ShoMon,.Iohn A.Smith, Wort hill irtduC. Smith. William 
Smyth, Stoics, Stonghton. Siiicklaiid. Tanner, Till- 
man, Twiehell. Upson, Van Horn, Ward, CadwaladerC. 
Washburn, William B. Washburn, Welker, Wheeler, 
Whittemore, Wilkinson, Willard, Williams, Wi 
nans — 97. 

Nays— Messrs. Archer, Beatty, Beck, Biggs, Bird, Burr, 
Benjamin F. Butler, Roderick R. Butler, Amasa Cobb, 
Cobnrn. Crrfia. Deweese, Bickin.'ton, Ehlridge, Ocfz, Gnl- 
ladiiy, Hawkins, llolman, Hopkins, Johnson. Thomas L. 
Jones. Kerr, Knott, Marshall, Mayham, McCormick, Mc- 
Nccly. Mdffet. Mangen, Niblack, Orth, Reading, Recvra, Bice, 
Shanks, Joseph S. Smith, Stiles, Stone, Stradcr, Sureenfy, 



POLITICAL VOTES. 



413 



Tfttre, Triml'le, Tyner, Van Tiump, John T. Wilson, 
WinchesUr, Woodward— AT . 

March 16— It passed the Senate— yeas 42, 
nays 13, as follow : 

Yeas— :Messr?. Abbott, Anthony, Boreman, Brown- 
low, Canieion, Cattell, Chandler, Conkling, Corbott, 
Craain, Drake, Edmunds, Fonton, Forry, Fessenden, 
Gilljert, (irimes, Harris, Howard, Kellogg, McDonald, 
Morrill, Nve, Patterson, Pool, Pratt, Ramsey, P.obert- 
son, Sawver, Sehurz, Scott, Sherman, Stewart. Sumner, 
Thayer, "Tipton, Trumbull, Warner, WilJey, Williams, 
Wilson, Yates — i2. 

Nats — Messrs. Bayard, Carpenter. Casserly. Cole, 
Davis, Slorton, Osborn, Kice, Koss, Spencer, Stockton, 
Tliurman, Vickcrs — 13. 

Pending the consideration of this subject, the 
following proceedings took place : 

In House. 

1869, March 12— Mr. Schenck iniroduced the 
bill passed at third session of Fortieth Congress, 
and "pocketed" by President Johnson. (See 
page 13-395.) 

Mr. Allison moved to strike out the second 
section ; which was agreed to — yeas 87, nays 56, 
as follow : 

Yeas — Messrs. Allison, Ames, .4?T7ifr, Bailey, Beaman, 
Beatty, Bed; Biggs, Bingham, Bird, Bowcn, Burr, Ben- 
jamin F. Butler, Cake, Cessna, Amasa Cobb, Coburn, 
Cullom, Davis, Deweese, Dickinson, Dyer, Eldridge, 
Tarnsworth, Ferriss, Ferry, Fitch, Getz, GnUaday, Hal- 
demon. Hale, Hamill, Hawkins, Hay, Hoag, Hohnan, 
Hooper, Hopkins, Ingersoll, Jenckcs, Thomas L. Jones, 
Kelsey, Kerr, Knapp, Knott, Lawrence, Loughridge, 
Lynch, Marshall, Mayham, McCormick; McNeely, Moffet, 
Jesse H. Moore, Morrill, ihmgen, yiblaclc, O'Neill, Orth, 
Reading, Sawyer, Scofield, Shanks, Worthington C. 
Smith, Stevenson. Stiles, Stone, Stoughton, Stmder, Swann, 
Sweeney. Tatfe, Trimble, Tyner, Van Horn, William B. 
Washburn, Welker, TTe^Zj, Wilkinson, Willard, '• illiams, 
Eugene M. Wilson, John T. Wilson, Winans, Winchester, 
Witcher, Woodivard — 87. 

Nats — Messrs. Armstrong, Asper, Axfell, Banks, Ben- 
jamin, Bennett, Blair, Boles, Boyd, Bufflnton, Burdett, 
Koderick Pt. Butler. Churchill, Clinton L. Cobb, Conger, 
Cowles, Dawes, Dockery, Donley, Finkelnlnirg. Fisher, 
Garfield, Gilfillan, Heaton, Hoar, Johnson, Alexander H. 
Jones, Judd, Julian, Ketcham, Laflin, Lash, Logan, 
McGrew, Mereur. William Moore, Packard, Paine, Pal- 
mer, Poland, Pomeroy, Prosser. Roots, Sanford, Sargent, 
Schenck, Sheldon, John A. Smith, Stokes, Strickland, 
Tanner, Twichell, Ward, Cadwalader C. Washburn, 
Wheeler, Whittemore — 5G. 

The bill was then passed by the vote previously 
given. 

In Senate. 
March 9 — The following bill was reported from 
the Committee on Finance.- 
A Bill to strengthen the public credit, and re- 
lating to contracts for the payment of coin. 
Be it enacted, &c.. That in order to remove any 
doubt as to the purpose of the Government to 
discharge all just obligations to the public cred- 
itors, and to settle conflicting questions and inter- 
pretations of the laws by virtue of which such 
obligations have been contracted, it is hereby 
provided and declared, that the faith of the United 
States is solemnly pledged to the payment in 
coin, or its equivalent, of all the interest-bearing 
obligations of the United States, except in cases 
where the law authorizing the issue of any such 
obligation has expressly provided that the same 
may be paid in lawful money or other currency 
than gold and silver: Provided, however. That 
before any of said interest-bearing obligations 
not already due shall mature or be paid before 
maturity, the obligations not bearing interest, 
known as United States notes, shall be made 
convertible into coin at the option of the holder. 



Sec. 2. That any contract hereafter made spe- 
cificall}' payable in coin, and the consideration of 
which may be a loan of coin, or a sale of property, 
or the rendering of labor or service of any kind, 
the price of which, as carried into the contract, 
may have been adjusted on the basis of the coia 
value thereof at the time of such sale or the ren- 
dering of such service or labor, shall be legal 
and valid, and may be enforced according to its 
terms. 

March 11 — Mr. Howard moved to insert the 
word "written" before "contract" in the 2d sec- 
tion where it first occurs; which was agreed to. 

Mr. Sumner moved to strike out the 2d sec- 
tion ; which was agreed to — yeas 28, nays 15, aa 
follow: 

Yeas— Messrs. Bayard, Boreman, Carpenter, Casserly, 
Conkling, Corbett, "Cragin, Ferry, Fessenden, Gilbert, 
Harris, Kellogg, McDonald, Norton, Nye, Pratt, Robert- 
son, Sa\vyer, Sehurz, Scott, Sprague, Stewart, Stockton, 
Sumner,' Thur man. Trumbull, Vickers, Wilson — 28. 

Nats — Messrs. Abbott, Anthony, Brownlow, Drake, 
Grimes, Hamlin, Morrill, Morton, Osborn, Patterson, 
Ramsey, Ross, Sherman, Warner, Williams — 15. 

Mr. Thurman moved to add to the 1st section 
the following proviso: 

Provided, That nothing herein contained shall 
apply to the obligations commonly called five- 
twenty bonds. 

Which was not agreed to — yeas 12, nays 31, 
as follow : 

Yeas— Messrs. Bayard, Boreman, Casserly, Morton, 
Norton. Osborn, Pratt, Ross, Sprague, Stockton, Thur- 
man, Vickers — 12. 

Nays — Messrs. Abbott, Anthony, Brownlow, Carpen- 
ter, Conkling, Corbett, Cragin, Drake, Fenton, Ferry, 
Gilbert, Grimes, Hamlin, Harris, KeUogg, BIcDonald, 
Morrill, Nye, Patterson, Ramsey, Sawyer, Sehurz, Scott, 
Sherman, "Stewart, Sumner, Tipton, Trumbull, Warner, 
Williams, Wilson— 31. 

Mr. Morton moved to strike from section 1st 
the words, "authorizing the issue of any such 
obligation ;" which was not agreed to — yeas 14, 
nays 32, as follow : 

Yeas — Jlessrs. Bat/ard, Brownlow, Casserly, Morton, 
Norton, Pomeroy, Pratt, Robertson, Ross, Spencer, 
Sprague, Stockton, Thurman, Vickers — H. 

N.\Ts — Messrs. Abbott, Anthony, Boreman. Carpen- 
ter, Cattell, Corbett, Cragin, Drake, Fenton, Ferry, Fes- 
senden, Gilbert, Grimes, Hamlin, Howard, Howe, Mor- 
rill, Patterson, Ramsey, Sawyer, Sehurz, Scott, Sher- 
man, Stewart, Sumner, Thayer, Tipton, Warner, Willey, 
Williams, Wilson, Yates— 32. 

March 15 — This bill was then laid aside, and 
the House bill taken up and passed by the vote 
given above. 

Amendment to the Tenure-of-Offlce Act. 

This bill passed both Houses, and became a 
law : 

An Act to amend "An act regulating the ten- 
ure of certain civil offices." 

Be it enacted by the Senate and House of Rep- 
resentatives of the United States of America m 
Confress assembled, That the first and second 
sections of an act entitled "An act regulating 
the tenure of certain civil offices," passed March 
2, 1867, be, and the same are hereby, repealed, 
and in lieu of said repealed sections the follow- 
ing are hereby enacted : 

That every person holding any civil office to 
which he has been or hereafter may be appointed, 
by and with the advice and consent of the Sen- 
ate, and who shall have become duly qualified 
to act therein, shall be entitled to hold such office 



414 



POLITICAL MANUAL. 



(luring (lie term for whicli he shall have been 
appointed, unless sooner removed by and with 
the advice and consent of the Senate, or by the 
appoiniment, with the like advice and consent, 
oi' asuccessorin his place, except as herein-other- 
wise provided. 

Sec 2. And be it further enacted, That during 
any recess of the Senate the President is hereby 
empowered, in his discretion, to suspend any 
civil officer appointed by and with the advice 
and consent of the Senate, except judges of the 
United States courts, uuiil the end of the next 
Fessiou of the Senate, and to designate some suit- 
able person, subject to be removed in his discre- 
tion by tlie designation of another, to perform 
the duties of such suspended ofllcer in the mean- 
time; and sucli jierson so designated shall take 
the oaths and give the bonds required bj" law to 
be taki-n and given by the suspended officer, and 
shall, during the timn he performs his duties, be 
entitled to the salary and emoluments of such 
office, no partof which shall belong to the officer 
euspended ; and it shall be the duty of the Presi- 
dent within thirty Jays after the commencement 
of each session of the Senate, except for any office 
which in his opinion ought not to be tilled, to 
nominate persons to fill all vacancies in office 
which existed at the meeting of the Senate, 
whether temporarily filled or not, and also in 
the place of all officers suspended ; and if the 
Senate during such session shall retuse to advise 
and consent to an appointment in the place of 
any suspended officer, then, and not otherwise, 
the President shall nominate another person as 
soon as practicable to said session of the Senate 
for said office. 

Sec. 3. And belt further enacted, That section 
three of the act to which this is an amendment 
be amended by inserting after the word " resigna- 
tion," in line three of said section, the following : 
" or expiration of term of office." 

Approved, April 5, 1869. 

The final vote was as follows: 

In House, March 31. 

Te\s— Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell, Asper, Bailey, Banlcs, IJeaman, Bennett, Bing- 
ham, Blair, Boles, Bowen, Buffinton, Bnrdett, Benjamin 
F. Butler, Roderick U. Butlor, Cake, Cessna, Cluirchill, 
Amasa Coh'o, Clinton L. Cobi), Coburn, Cook, Conger, 
Cowlos, Cullom, Dawes, Dixon, Dockery, Donley, Duval, 
Ela, FerrLss, Finkelnburg, Fisher, Fitch. Garfield. Gil- 
fillan, Hale, Ilawlcy, llayj Ilcuton, Hill, Hooper, Hop- 
kins, InuiersoU, Jenekcs, Alexander H. Jones, Judd 



In Senate, March 31. 

Yeas— Messr<5. Abbott, Anthony, Boreman, Brownlow, 
Buckingham, Cameron, Carpenter, Chandler, Conkling, 
Corbettj'Cragin, Drake, Edmunds, Fcnton, Ferry, Gil- 
bert, Grimes, Hamlin, Harlan. Harris. Howard, Kellogg, 
Morrill, Nye, Osborn. Patterson, Pomeroy, Pool, Pratt, 
Ramsey, Rice. Sawyer. Sehurz, Seott. Spencer, Sumner, 
Tipton' Trumbull, 'Willcy, Williams, Wilson, Yatca — 12. 

Nays — Messrs. Bayard, Casscrly, Davis, ilcCrctry, 
Spraguc, Stockton, Thurmun, Tickers — 8. 

Preliminary Votes. 

The following is the action of each House ia 
detail : 

In House. 

1869, March 9 — The bill to repeal the tenure- 
of-office act was introduced by Mr. Benjamin F. 
Butler, and read a first and second time and 
passed — yeas 138, nays 16, (not voting 39,) as 
follow : 

Ye\s — Messrs. Adams, Allison, Ambler, Arcfirr. Asper, 
Aa-tdl, Bailoy, Banks, Beaman, Beck. Bennett. Biogs, 
Bingham. Blair, Boutwell, Bowcn, Bovd. Kut^inton, 
Burdett, Burr, Benjamin F. Butler, Roclerifk R. But- 
ler, Cake, Cessna, rhurehil), Clarke, Cleveland. h.m!xsa, 
Cobb. Clinton L. Cobb, Coburn, Cook, Conger, Crehs, 
Cullom. Davis, Dawes, Deweese, Dickey, Dickinson, 
Dyer, Eldri('fi>; Ferry, Finckelnburg, Fisher, Fitch, 
Gilfillan, Goll'day. Griswohl, Haldeman, Hale, llamill, 
ilawkins, llawley, Hay, Heaton, IliW, IIoa{;,U oar. Hoi- 
ma)i, Ini'ersoll, Johns'ii. Alexander II. Jones, Thomas L. 
Janes, Jiidd, Julian, Kelley. Kelsey, Kerr, Kctoham, 
Knapp. Knott. Lash. Logan. Loughridge, Marshnll, May- 
ham. JlcCfiimick. McCrary, McGrew, SlcKeeVj, ilnjj'd. Elia- 
kim n. >Ioore, Jesse n. Moore, Morrill, Neglev, iV^li^acJ;, 
O'Neill, Orth, Packard, Packer, Paine, Palme'r, Peters, 
Phelps, Pomcrov, PoWe?-, Prosser. Randall, lieailirifj. Rice, 
Rogers, S.argent, Schumaker, Seofield, Shanks. Sheldon, 
Slncum, John A. Smith, William J. Smirh, Stevenson, 
SUles, Stone. .Stoughton, Strader. Strickland, Swann, 
Sweeney. 3V!m^7<'.T\vichell,Tyner,Upson, Van Auken,\a.n 
Horn, ran Trump, Voorhecs, Cadw.alader C. Wa.shburn, 
AVilliam B. Washburn, Welker, TTeHs, Wheeler, Williams, 
Eugene M. Wihnn. John T. Wilson, Winans, Winchestr, 
Witeher. Wood. Woodward — 138. 

N.'^TS— Jlessrs. Arnell, Boles, Farnsworth, Ferriss, 
riotehkiss, Jenckes, Lawrence, M.aynard. Schenck, 
Worthington C. Smith, Stokes, TatYe, Tillman, Ward, 
Whittemore, Willard-16. 

In Senate. 

March 11 — It was referred to the Committee 
on the Judiciary — yeas 34, nays 25, as follow : 

Yeas— Messrs. Abbott, Anthony. Brownlow, Buck- 
inshani, ' aipenter, Cattell, Chandler, Conkling, Cragin, 
Drake, Edmunds. Fern,', Gilbert, Hamlin. Harris, How- 
ard, Howe, Morrill. Norton, Nye, Patterson, Pomeroy, 
Ramsej'. Rice, Sauver, Schurz. Scott, Stewart, Sumner, 
Tipton, Trumbull, Williams, Wilson, Vates— 34. 

Nay.s— Messrs. Hayard, Boreman, Cameron, Casserly, 
Corliett, Durif. Fenton, Fessenden. Fowler, Grimes, 
McCreer;/, McDonald, Morton, Pool, Pratt, Robertson, 
Ross, Sherman, Spencer, Sprague, Stockton, Thayer, 
Thiirman, Vickers. \Varner — 25. 

March 24— Mr. Trumbull reported the bill 



Kelsey Knapp, Laflin.L.ash, l.ogan. Lynch Maynard, | f ^j Committee on the Judiciary, amended 
McCarthy, .McCrarv, McGrew, Mercur, Lliakim "• 1 . . ., l ^^ n n .,„ t;„^ ^ln,,<.Q 

Moore,Jesse H.Moore, William Moore,Morrell, Morrill, so as to strike out all alter the enacting clause 

0'Neill,Packard,Packer, Paine, Palmer, Peters, Phelps, ' and insert as follows: 

Pomeroy, Pro^ser, Roots, Sanford, Sargent Sawyer, , rp| (^ ^j j ^ ^ 2d sections of an act enti- 
Sehenck, Scohcld, Sh.anks, Sheldon, John A. bimth, | ,, , .. , ^ , ,. .i . „„„ „i- „„,.4.„;„ 

William J. Smith, William Smvth, Stoven.s. Stevenson, ; lied "An act regulating the tenure ot ceitain 




Hawk ins, /Wif'I'"ar, Ilolman.Johmson, Thomas L. Jones, I \\iq Senate, and who shall have become qualified 

"^"'l'"V,'^"7' »T';'''i','''^'°' Hf'''''"\-';?'T\-Jl''^Z' ! to act therein, shall be entitled to hold such office 
mick, MrA'cly. Mo/let, Morr/an, Mum/en. A lUack. Orth, Po- \ ^y' . ,, . ' c i- i i in i „„^ i^,,„„ 

\and,J''.tter,Randatl.J!cadMf/. Reercis.Rir,', n,r.i^TH.Schiir .dixvmgihQ term for which he shall ha\c been 
makrr..siocum,\\'(ivt\[\ni^U>n'('.Hin'ah.suirs.Sionc, Swann, \ appointed, unless sooner removed by and with 
Sweeney, rrimljh Van Auken.V,mrl,,rs, n'lls.VjhHtemorc \ ^^j , ; ^ consent of the Senate, or by the 

Wilkinson, Uillard, y:.u/7'ne J/. Milson, Wood, Woodward," . \ , •., .v vi j ■ „„-q ^^.,o,^„f 

_C7. . . (/ I appointment, with the like advice and consent, 



POLITICAL VOTllS. 



415 



of a successor in his place, except as herein 
otherwise provided. 

Sec. 2 And be it further enacted, Tliat during 
any recess of the Senate the President is hereby 
empowered, in his discretion, to suspend any civil 
officer appointed by and with the advice and 
consent ot the Senate, except judges of tlie 
TJuited States courts, until the end of the next 
session of the Senate, and to designate some 
suitable person subject to be removed in his dis- 
cretion by tlie designation of another to perform 
the duties of such suspended officer in the mean- 
time; and such person so designated shall t;ike 
oaihs iind give bonds required by law to Ije 
taken and given by the suspended officer, and 
shall during the time he performs his duties be 
entitled to the salary and emolument? of such 
office, no part of which shall belong to the officer 
suspended. It shall be the duty of the President 
vvitbin thirty days after the commencement of 
each session of the Senate, except for any office 
which in his opinion ought not to be filled, to 
nominate persons to fill all vacancies in office 
which existed at the meeting of the Senate, 
whetlier temporarily filled or not, and also in 
the place of all officers suspended, and if the 
Senate during such session shall refuse to advise 
and consent to an appointment in the place of 
any suspended officer, and shall also refuse by 
vote to assent to his suspension, then, and not 
otherwise, such officer, at the end of the session, 
Bhall be entitled to resume the possession of the 
office from which he was suspended, and after- 
v.'ards to <ii?charge its duties and receive its 
emoluments as though no such suspension had 
taken place. 

Wiiich was agreed to — yeas 37, nays 15, as 
follow : 

Yr..\'; — Messrs. Abbott, Anthony, Boreman, Brownlow, 
Euckiiisiham, Carpenter, Cattell, Chandler, Con'ding, 
Cragin, Drake, Edmunds, Ferry, Gill)crt, Hamlin, Har- 
lan, Harris, Howard, Kellogg, Morrill, Osborn, Patter- 
son, Pratt, Ramsey, Rice, Sawyer, Sehurz, Scott, 
Sponcor, Stewart, Sumner, Tipton, Trumbull, Willey, 
Williams, AVilson, Yates— 37. 

Nays — 'lessrs. Bayard, CasserJy, Davis. Fessenden, 
Fow'lei-, Grimes, McCrcery, McDonald, Norton, Ross, 
Sprague, Stockton, Thurman, Vickers, Warner— 15. 

In House. 

March 25 — A motion to refer to the Committee 
on the Judiciary v?a3 agreed to — yeas 94, nays 
79, not voting 23. 

March 26 — This vote was reconsidered, with- 
out a division, and the House refused to concur 
in the amendment of the Senate — yeas 70, nays 
99, (not voting 27,) as follow: 

Ye vs— Messrs. Ames, Armstrona;, Asper, Bailey, Bea- 
man. Beatty, Benton, Bingham, Boles. Burdett, Roder- 
ick R. liutler, Cessna, Churchill, Clinton L. Cobb, Co- 
burn, Co\vle3, Dixon, Dockery, Donley, Duval, Ela, 
Farnsworth, Ferriss, Finkelnburg, Garfield, Gillillan, 
Hawley, Hill, Hooper, Hotchki.ss,"Higersoll, Jenckes, 
Kelloy, Kelsey, Keteham, Knapp, Laflin, Lash. Willi.am 
Lawrence. Lynch, Maynard. McCarthy, McGrew, -Mer- 
cnr. Eliakim II. Moore, William Jloore". Packer, Poland, 
Pomeroy, Prosser, Roots, Sanford, .Sargent, Sawyer, 
Scncnck, Scolield, Shanks, William J. Smith, William 
Smyth, Stevens, Stoughton, Strickland, Taffe. Tillman, 



Twichell, Ward, Welkcr, Wheeler, John T. Wilson, 
Winans — 70. 

N.tTs— Messrs. Allison, Ambler, ArcMr, Axtell, Banks, 
Beck, Bifigs. Bird, lilair, Boyd, Brooks, Buffinton. Burr, 
Benjamin F. Butler, Calkin, Clarke, Clevdand, Amasa 
Cobb, Cook, Conger, Ci-ebs, Cullom, Davis, Dawes, De- 
weese, Dickey, i)ickinson, Dyer, Eldridf/e, Ferry, Fisher, 
Fox, Get:, Golladay, Grisivold, Haight, Haldeman, Hamble- 
ton, Hawkins, H.iy, Beaton, Iloag, Hoar, Ilohnan, Hop- 
kins. Johnson. Alexand'^r II. Jones, Thomas L. Jones, 
Julian, Ketr, Knott, Logan, Loughridgc, Marshall, May- 
ham, McCrary, McNcly, Mojfet, Jesse II. Moore, Morgan, 
Munf/cn, A'iblack, O'Neill, Orth, Packard, Paine, Palmer. 
Phelps, Randall, Eeadinp, Reeves, Rice, Rogers, Schu- 
maker, Sheldon, Slocian, John A. Smith, Joseph S. Smith, 
Stevenson. Swanri. Sweeney, Tanner, Townsend, Trimble, 
Tyner, Upson, Van Horn, Van Trump. Cadwalader C. 
Washljurn, William B. Washburn, irt/Zs, Whittemore, 
Wilkinson. Williams, Eugene M. WiUon, Winchester, 
Witcher, Wood, Woodward — 99. 

In Senate. 
March 30 — A motion to recede from its amend- 
ments was lost — yeas 20, nays 37, as follow: 

Ye.\s — Messrs. Bayard, Casserly, Cole, Davis, Fenton, 
Fessenden, Fowler, Grimes, McCrcery, McDonald, Mor- 
ton, Pool, Robertson, Ross, Sprague, 6toc/.tow, Thayer, 
Thxirmav, Tickers, Warner — 20. 

Navs — Messrs. Abbott, Anthony,Boreman, Brownlow, 
Buckingham, Cameron, Carpenter, Cattell, Conkling, 
Cragin, Drake, Edmunds, Ferry, Gilbert, Hamlin, Har- 
lan, Harris, Howard, Howe, Kellogg, Morrill, Nye, Pat- 
terson, Pomeroy, Pratt, Ramsey, Rice, Sawyer, Sehurz, 
Scott, Spencer, Sumner, Tipton, Trumbull, Willey, Wil- 
liams, Wilson— 37. 

A committee of conference was then voted, and 
Messrs. Trumbull, Edmunds, and Grimes ap- 
pointed conferees. 

In House. 

March SO — A motion that the House recede 
from its disagreement was lost — yeas 61, nays 
100. The conference was granted, and Messrs 
Benjamin F. Butler, Cadwalader C. Washburn, 
and Bingham were appointed the managers. 

Marcli 31 — The committee of conference re- 
ported, recommending certain amendments, (to 
make the bill stand as it finally passed,) and the 
report was adopted — in the House, yeas 108, 
nays 67; in the Senate, yea.=' 42, nays 8, as 
printed above. 

On the Effect of the XVth Amendment. 

1869, March 22 — Mr. Johnson moved a sus- 
pension of the rules so as to enable him to sub- 
mit this resolution : 

Resolved. That in passing the resolution for 
the fifteenth amendment to the Constitution of 
the United States this house never intended that 
Chinese or Mongolians should become voters. 

The motion to suspend the rule's was lost — 
yeas 42, nays 106, not voting 48. The yeas 
were Messrs. Archer, Axtell, Bird, Brooks, Burr, 
Calkin, Crebs, Dickinson, Eldridge, Fitch, Oollx- 
daij, Ilaight, Haldeman, Hamblcton, Hamill, 
Hawkins, Holman, Johnson, Thomas L. Jones, 
Kerr, Knott, Mayham, McNeely, Potter, Ran- 
dall, Reading, Reeves, Sargent, Slocum, Joseph 
S. Smith, William J. Smith, Stiles, Stone, Sfrader, 
Swann, Van Auken, Van Trump, Wells, Eugene 
M. Wilson, Winchester, Wood, Woodward. 



3LLIII. 



PRESIDENT GRANT'S INAUGURAL ADDRESS, 

AND MESSAGE ON RECONSTRUCTION, AND THE OFFICIAL PROCLAMATIONS OF 

THE YEAR. 



President Grant's Inaugural Address, March 
4th, 1869. 

Citizens of the United States : 

four suffrages having elected me to the ofiBce 
of President of the United States, I have, in 
conformity to the Constitution of our country, 
taken the oath of office prescribed therein. I 
have taken this oath without mental reservation, 
and with the determination to do to the best of 
my ability all that it requires of me. The re- 
sponsibilities of the position I feel, but accept 
them without fear. The office has come to me 
unsought; I commence its duties untrammelled. 
I bring to it a conscious desire and determina- 
tion to fill it to the best of my ability to the 
satisfaction of the people. 

On all leading questions agitating the public 
mind I will always express my views to Con- 
gress, and urge them according to my judgment; 
and, when I think it advisable, will exercise the 
constitutional privilege of interposing a veto to 
defeat measures which I oppose. But all laws 
will be faithfully executed whether they meet 
my approval or not 

I shall on all subjects have a policy to re- 
commend, but none to enforce against the will 
of the people. Laws are to govern all alike, 
those opposed as well as those who favor them. 
I know no method to secure the repeal of bad 
or obnoxious laws so effective as their stringent 
execution. 

The country having just emerged from a great 
rebellion, many questions will come before it lor 
settlement in the next four years which prece- 
ding Administrations have never had to deal 
with. In meeting tliese it is desirable that they 
should be approached calmly, wiihout prejudice, 
hate or sectional pride, remembering that the 
greatest good to the greatest number is the ob- 
ject to be attained. 

This requires security of person, property, 
and free religious and political opinion in every 

fiart of our common country, wiihout regard to 
ocal prejudice. All laws to secure these cni]s 
will receive rny best efforts for tiieir enforcement. 
A great debt has been contracted in securing 
to us and our posterity the Union. The iiay- 
ment of this, principal and interest, as well as 
the return to a specie basis, as soon as it can be 
accomplished without material detriment to the 
debtor class or to the country at lar.^e, must be 
provided for. To protect the national honor 
every dollar of government indebtedness should 
be paid in gold, unless otherwise expressly stip- 
ulated in the contract. Let it be understood 
that no repudiator of one farthing of our public 



debt will be trusted in public place, and it will 
go far towards strengthening a credit which 
ought to be the best in the world, and will ulti- 
mately enable us to replace the debt with bonds 
bearing less interest than we now pay. To this 
should be added a faithful collection of the rev- 
enue, a strict accountability to the treasury for 
every dollar collected, and the greatest practica- 
ble retrenchment in expenditure in every de- 
partment of government. 

When we compare the paying capacity of the 
country now — with the ten States in poverty 
from the effects of war, but soon to emerge, I 
trust, into greater prosperity than ever before — 
with its paying capacity twenty-five years ago, 
and calculate what it probably will be twenty- 
five years hence, who can doubt the feasibility 
of paying every dollar then with more ease than 
we now pay for useless luxuries? Why, it looks 
as though Providence had bestowed upon us a 
strong box in the precious metals locked up in 
the sterile mountains of the far west, and which 
we are now forging the key to unlock, to meet 
the very contingency that is now upon us. 

Ultimately it may be necessary to insure the 
facilities to reach these riches, and it may be ne- 
cessary also that the general government should 
give its aid to secure this access But that should 
only be when a dollar of obligation to pay se- 
cures precisely the same sort of dollar to use now, 
and not before. Whilst the question of specie 
payments is in abeyance, the prudent business 
man is careful about contracting debts payable 
in the distant future. The nation should follow 
the same rule. A prostrate commerce is to be 
rebuilt and all industries encouraged. 

The young men of the country, those who 
from their age must be its rulers twenty-five 
years hence, have a peculiar interest in main- 
taining the national honor. A moment's reflec- 
tion as to what will be our commanding influence 
among the nations of the earth in their day, if 
tiiey are only true to themselves, should inspire 
them with national pride. All divisions, geo- 
graphical, political, and reliuious, can join in 
this common sentiment. How the juiblic debt 
is to be paid, or specie payments resumed, is not 
so important as that a plan should be adopted 
and acquiesced in. 

A united determination to do is worth more 
than divided counsels upon the method of doing. 
Legislation upon this subject may not be neces- 
sary now, nor even advisable, but it will be when 
the civil law is more fully restored in all i)art3 
of the country, and trade resumes its wonted 
channels. 

416 



gkant's message, etc. 



417 



It will be my endeavor to execute all laws in 
good faith, to collect all revenues assessed, and 
to h ern properly accounted for and econom- 

ically disbursed. I will, to the best of my ability, 
appoint to office those only who will carry out 
tnis design. 

In regard to foreign policy, I would deal with 
nations as equitable law requires individuals to 
deal with each other, and I would protect the 
law-abiding citizen, whether of native or foreign 
birth, wherever his rights are jeopardized or the 
flag of our country floats. I would respect the 
rights of all nations, demanding equal respect for 
our own. If others depart from this rule in their 
dealings with us, we may be compelled to follow 
their precedent. 

The proper treatment of the original occu- 
pants of this land, the Indians, is one deserving 
of careful study. I will favor any course toward 
them which tends to their civilization and ulti- 
mate citizenship. 

The question of suS'rage is one which is likely 
to agitate the public so long as a portion of the 
citizens of the nation are excluded from its priv- 
ileges in any State. It seems to me very desira- 
ble that this question should be settled now, and 
I entertain the hope and express the desire that 
it may be by the ratification of the fifteenth 
article of amendment to the Constitution. 

In conclusion, I ask patient forbearance one 
toward another throughout the land, and a de- 
termined eS'ort on the part of every citizen to do 
his share toward cementing a happy Union, and 
I ask the prayers of the nation to Almighty God 
in behalf of this consummation. 

President Grant's Message respecting the Be- 
cons traction of Virginia and Mississippi, April 
7, 1869. _ 

To the Senate and House of Representatives : 

While I am aware that the time in which Con- 
gress proposes now to remain in session is very 
brief, and that it is its desire, as far as is consist- 
ent with the public interest, to avoid entering 
upon the general business of legislation, there is 
one subject which concerns so deeply the welfare 
of the country that I deem it my duty to bring 
it before you. 

I have no doubt that you will concur with me 
in the opinion that it is desirable to restore the 
States which were engaged in the rebellion to 
their proper relations to the Government and the 
country at as early a period as the people of 
those States shall be found willing to become 
peaceful and orderly communities, and to adopt 
and maintain such constitutions and laws as will 
effectually secure the civil and political rights 
of all persons within their borders. The au- 
thority of the United States, which has been 
vindicated and established by its military power, 
must undoubtedly be asserted for the absolute 
protection of all its citizens in the full enjoyment 
of the freedom and security which is the object 
of a republican government. But whenever 
the people of a rebellious State are ready to en- 
ter in good faith upon the accomplishment of 
this object, in entire conformity with the consti- 
tutional authority of Congress, it is certainly de- 
sirable that all causes of irritation should be 



removed as promptly as pos.'^ible, that a moro 
perfect union may be established, and the coun- 
try be restored to peace and prosperity. 

The convention of the people of Virginia, which 
met in Richmond on Tuesday, Decembers, 1867, 
framed a constitution for that State, which was 
adopted by the convention on the 17th of April, 
1868, and I desire respectfully to call the atten- 
tion of Congress to the propriety of providing by 
law for the holding of an election in that State 
at some time during the months of May and 
June next, under the direction of the military 
commander of that district, at which the ques- 
tion of the adoption of that constitution shall be 
submitted to the citizens of the State; and if 
this should seem desirable, I would recommend 
that a separate vote be taken upon such parts aa 
may be thought expedient, and that at the same 
time and under the same authority there shall 
be an election for the officers provided under 
such constitution, and that the constitution, or 
such parts thereof as shall have been adopted by 
the people, be submitted to Congress on the first 
Monday of December next for its consideration, 
so that if the same is then approved the neces- 
sary steps will have been taken for the restora- 
tion of the State of Virginia to its proper rela- 
tions to the Union. I am led to make this 
recommendation from the confident hope and 
belief that the people of that State are now ready 
to co-operate with the national government ia 
bringing it again into such relations to the 
Union as it ought as soon as possible to establish 
and maintain and to give to all its people those 
equal rights under the law which were asserted 
in the Declaration of Independence in the words 
of one of the most illustrious of its sons. 

I desire also to ask the consideration of Con- 
gress to the question whether there is not just 
ground for believing that the constitution framed 
by a convention of the people of Mississippi for 
that State, and once rejected,* might not he again 
submitted to the people of that State in like man- 
ner, and with the probability of the same result. 

U. S. Grant. 

"Washington, D. C, April 7, 1869. 

Final Certificate of Mr. Secretary Seward res- 
pecting the Ratification of the Fourteenth 
Amendment to the Constitution, July 28, 1868, 

BY WILLIAM H. SEWARD, SECRETARY OF STATE OF 
THE UNITED STATES. 

To all to whom these presents may come, greeting : 
Whereas by an act of Congress passed on the 
20th of April, 1818, entitled "An act to provide 
for the publication of the laws of the United 
States and for other purposes," it is declared, 
that whenever oflicial notice shall have been 
received at the Department of State that any 
amendment which heretofore has been and here- 
after may be proposed to the Constitution of the 
United Slates has been adopted according to t!ie 
provisions of the Constitution, it shall be the 
duty of the said Secretary of State forthwith to 
cause the said amendment to be published in the 
newspapers authorized to promulgate the laws, 

•The vote was taken June 22, 1868, and, as transmitted 
by Gen. Gillem, was as follows: For the constitution, 
56,231 ; against it, 63,860. Number of registered voters, 
155,351. 



418 



POLITICAL MANUAL. 



with liis certificate, Bpecif3'ing the States by 
which the same may have been adopted, and 
that the same has become valid to all intents 
and purposes as a part of the Constitution of the 
United States; 

And whereas the Congress of the United States, 
on or about the l(3ih day of June, 1866, sub- 
mitted to the legislatures of the several States a 
proposed amendment to the Constitution in the 
following words, to wit: 

Joint Resolution proposing an amendment to 
the Constitution of the United States. 
Be it resolved by the Senate and House of Rep- 
resentatives of the United States of America, in 
Congress assembled, (two thirds of both Houses 
concurring,) Tliat the following article be pro- 
posed to the legislatures of the several States 
as an amendment to the Constitution of the 
United States, which, when ratified by three- 
fourths of said legislatures, shall be valid as 
part of the Constitution, namely : 

ARTICLE XIV. 

Sec 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction 
thereof, are citizens of the United States, and of 
the States wherein they reside. No State shall 
make or enforce any law which shall abridge 
the privileges or immunities of citizens of the 
United States; nor shall any State deprive any 
person of life, liberty, or property, without due 
process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall be apportioned 
among the several States according to their re- 
spective numbers, counting the whole number 
of persons in each State, excluding Indians not 
taxed. But when the right to vote at any elec- 
tion for the choice of electors for President and 
Vice-President of the United States, representa- 
tives ia Congress, the executive and judicial 
officers of a State, or the members of the legis- 
lature thereof, is denied to any of the male in- 
habitants of such State, being twenty one years 
of age, and citizens of the United States, or in 
any way abridged, except for particijiation in 
rebellion or other crime, the basis of representa- 
tion tiierein shall be reduced in the proportion 
■which the number of such male citizens shall 
bear to the whole number of male citizens 
twenty-one years of age in such State. 

Sec. 3, No person shall be a senator or rep- 
reseniative in Congress, or elector of President 
and Vice-President, or hold any office, civil or 
military, under the United States, or unuer any 
State, who, having previously taken an oath as 
a member of Congress, or as an officer of the 
United States, or as a member of any State 
Legislature, or as an executive or judicial officer 
of any State, to support the Constitution of the 
United States, shall have engaged in insurrec- 
tion or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress 
may by a vote of two thirds of each House re- 
move such disability. 

Sec 4. The validity of tlie public debt of the 
United States, authorized by law, including 
debts incurred for payment of pensions and 
bounties for services in suppressing insurrec- 
tion or rebellion, shall not be questioned But 



neither the United States nor any State shall 
assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the 
United States, or any claim for the loss or eman- 
cipation of .any slave ; but all such debts, obli- 
gations, and claims shall be held illegal and 
void. 

Sec 5. The Congress shall have power to en- 
force, by appropriate legislation, the provisions 
of this article. Schuyler Colfax, 

Speaker of the House of Representatives, 
La Fayette S. Foster, 
President of the Senate pro tempore. 
Attest: 

Edwd. McPherson, 

Clerk of the House of Representatives. 
J. W. Forney, 

Secretary of the Senate. 
And whereas the Senate and House of Rep- 
resentatives of the Congress of the United States, 
on the 21st day of July, 1868, adopted and 
transmitted to the Department of State a con- 
current resolution, which cnin'urrent resolution 
is in the words and figures following, to wit: 
In Senate of the United States, 
July 21,1868. 
Whereas the Legislatures of the States of Con- 
necticut, Tennessee, New Jersey, Oregon, Ver- 
mont, West Virginia, Kansas, Missouri, In- 
diana, Ohio, Illinois, Minnesota, New York, 
Wisconsin, Pennsylvania, Rhode Island, Michi- 
gan, Nevada, New Hampshire, Massachusetts, 
Nebraska, Maine, Iowa, Arkansas, Florida, 
North Carolina, Alabama, South Carolina, and 
Louisiana, being tliree-fourths and more of tha 
several States of the Union, have ratified tha 
fourteenth article of amendment to the Consti- 
tution of the United States, duly proposed by 
two-thirds of each House of the Thirty-Ninth 
Congress; tlierefore. 

Resolved by the Senate, (the House of Repre- 
sentatives concurring.) That said fourteenth 
article is hereby declared to be a part of the 
Constitution of the United States, and it shall 
be duly promulgated as such by the Secretary 
of State. 

Attest: George C. Gorham, 

Secretary. 

And whereas official notice has been received 
at the Department of State that the legislatures 
■of the several States next hereinafter named 
have, at the times respectively herein mentioned, 
taken the proceedings hereinafter recited upon 
or in relation to the ratification of the said pro- 
posed amendment, called article fourteenth, 
namely : 

The Legislature of Connecticut ratified the 
amendment June 30, 1866; the Legislature of 
New Hampshire ratified it July 7, 1866; the 
Legislature of Tennessee ratified it July 19, 
1866; the Legislature of New Jersey ratified it 
September 11, 1866, and the Legislature of the 
same State passed a resolution in April, 1868, to 
withdraw tlie consent to it; the Legislature of 
Oregon ratified it September 19, 1866; the Legis- 
liiture of Texas rejected it November 1, 1866; the 
Legislature of Vermont ratified it on or previous 
to November 9, 1866; the Legislature of Georgia 
rejected it November 13, 1866. and the Legisla- 



JOHNSON S PROCLAMATION. 



419 



ture of the same State ratified it July 21, 1868 ; 
the Legislature of North Carolina rejected it De- 
cember 4, 1866, and the liegislature of the same 
State ratified it July 4, 18G8; the Legislature of 
South Carolina rejected it December 20, 1866, 
and the Legislature of the same State ratified it 
July 9, 1868; the Legislature of Virginia reject- 
ed it January 9, 1867; the Legislature of Ken- 
tucky rejected it January 10, 1867; the Legisla- 
ture "of New York ratified it January 10, 1867; 
the Legislature of Ohio ratifitd it January 11, 
1867, and the Legislature of the same State pass- 
ed a resolution in January, 1868, to withdraw its 
consent to it; the T^egislature of Illinois ratified 
it January 15, 1867; the Legislature of West 
Virginia ratified it January 16, 1867; the Legis- 
lature of Kansas ratified it January 18, 1867; 
the Legislature of Maine ratified it January 19, 
1867; the Legislature of Nevada ratified it Jan- 
uary 22, 1867; the Legislature of Missouri rati- 
fied it on or previous to January 26, 1867; the 
Legislature of Indiana ratified it January 29, 
1867; the Legislature of Minnesota ratified it 
February 1, 1867; the Legislature of Illiode Isl- 
and ratified it February 7. 1867; tlie Legislature 
of Delaware rejected it February 7, 1867; the 
Legislature of Wisconsin ratified it February 13, 
1867; the Legislature of Pennsylvania ratified 
it February 13, 1867; the Legislature of Michi- 
gan ratified it February 15, 1867; the Legisla- 
ture of Massachusetts ratified it March 20, 1867; 
the Legislature of Maryland rejected it March 
23, 1867; tlie Legislature of Nebraska ratified it 
June 15, 1867; the Legislature of Iowa ratified 
it April 3, 1868 ; the Legislature of Arkansas rati- 
fied it April 6, 1868; the Legislature of Florida 
ratified it June 9, 1868 ; the Legislature of Louis- 
iana ratified it July 9, 1868; and the Legislature 
of Alabama ratified it July 13, 1868. 

Now, therefore, be it known that I, William 
H. Seward, Secretary of State of the United 
States, in execution of the aforesaid act, and of 
the aforesaid concurrent resolution of the 21st 
of Julv, 1868, and in conformance thereto, do 
hereby direct the said proposed amendment to 
the Constitution of the United States to be pub- 
lished in the newspapers authorized to promul- 
gate the laws of the United States, and I do 
hereby certif}' that the said proposed amend- 
ment has been adopted in the manner herein- 
before mentioned by the States specified in the 
said concurrent resolution, namely, the States of 
Connecticut, New Hampshire, Tennessee, New 
Jersey, Oregon, Vermont, New York, Ohio, 
Illinois, West Virginia, Kansas, Maine, Nevada, 
Missouri, Indiana, Minnesota, Rliode Island, 
Wisconsin, Pennsylvania, Michigan, Massachu- 
setts, Nebraska, Iowa, Arkansas, Florida, North 
Carolina, Louisiana, South Carolina, Alabama, 
and also by the Legislature of the State of 
(Georgia; the States thus specified being more 
than three-fourths of the States of the United 
States. 

And I do further certify, that the said amend- 
ment has become valid to all intents and pur- 
poses as a part of the Constitution of the United 
States. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the Department of 
State to be affixed. 



Done at the city of Washington, this 28th 
day of July, in the year of our Lord 
r 1 1868, and of tlie independence of the 

[SEAL.J United States of America the ninety- 
third. 

William H. Seward, 

Secretary of State. 
[For previous certificates see Manual of 1868, 
p. 121, or Hand-Book of Politics, p. 379.] 

President Johnson's Proclamation of General 
Amnesty, December 25, 1868. 

Whereas the President of the United States 
has heretofore set forth several proclamations, 
offering amnesty and pardon to persons who had 
been or were concerned in the late rebellion 
against the lawful authority of the Government 
of the United States, which proclamations were 
severally issued on the 8th day of December, 
1863, on the 26th day of March, 1864, on the 
29th day of May, 1865, on the 7th day of Sep- 
tember, 1867, and on the 4th day of July, in the 
present year ; 

And whereas the authority of the federal gov- 
ernment having been reestablished in all the 
States and Territories within the jurisdiction of 
the United States, it is believed that such 
prudential reservations and exceptions as of 
the dates of said several proclamations were 
deemed necessary and proper may now be wisely 
and justly relinquished, and that a universal 
amnesty and pardon for participation in said 
rebellion extended to all who have borne any 
part therein will tend to secure permanent peace, 
order, and prosperity throughout the land, and 
to renew and fully restore confidence and frater- 
nal feeling among the whole people, and their 
respect and attachment to tiie national govern- 
ment, designed by its patriotic founders for gen- 
eral good : 

Now, therefore, be it known that I, Andrew 
Johnson, President of the United States, by vir- 
tue of the power and authority in me vested by 
the Constitution, and in the name of the sover- 
eign people of the United States, do hereby pro- 
claim and declare unconditionally, and without 
reservation, to all and to every person who di- 
rectly or indirectly participated in the late insur- 
rection or rebellion, a full pardon and amnesty 
for the offence of treason against the United 
States, or of adliering to their enemies during 
the late civil war, with restoration of all rights, 
privileges, and immunities under the Constitu- 
tion and the laws which have been made in pur- 
suance thereof. 

In testimony whereof I have signed these 
presents with my hand, and have caused the 
seal of the United States to be hereunto affixed. 

Done at the city of Washington, the 25lh day 
of December, in the year of our Lord 
r 1 1868, and of the independence of the 

[SEAL.J United States of America the ninety- 
third. Andrew Johnson. 

By the President : 

F. W. Seward, 

Acting Secretary of State. 

[For previous proclamations of amnesty, see 
Manual of 1867, p. 9 ; Manual of 1868, pp. 82-84, 
or Haad-Book of Politics, pp. 9, 342-344.] 



420 



POLITICAL MANUAL. 



Message Bespecting this Proclamation, January 
19, 1869. 

To the Scjiate of the United States: 

The resolution adoptcl on the 5th instant, 
requesting the President "to transmit to the 
Senate a copy of any proclamation of amnesty 
made by him since the last adjournment of Con- 
gress, and also to communicate to the Senate by 
what authority of law the same was made," has 
been received. 

I accordingly transmit herewith a copy of a 

firoclamation dated the 2oth day of December 
ast. The autiiority of law by which it was 
made is set forth in the proclamation itself, 
which expressly affirms that it was issued " by 
virtue of the power and authority in me vested 
by the Constitution and in the name of tlie 
sovereign people of the United States," and pro- 
claims and declares "unconditionally, and with- 
out reservation, to all and to every person who 
directly or indirectly participated in the late 
insurrection or rebellion, a full pardon and am- 
nesty for the offence of treason against the United 
States, or of adhering to their enemies during 
the late civil war, with restoration of all rights, 
privileges, and immunities under the Constitu- 
tion, and the laws which have been made in 
pursuance thereof." 

The federal Constitution is understood to be, 
and is regarded by the Executive, as the supreme 
law of the land. The second section of article 
second of that instrument provides that the 
President "shall have power to grant reprieves 
and pardons for offences against the United 
States, except in cases of impeachment." The 
proclamation of the 25th ultimo is in strict ac- 
cordance with the judicial expositions of the 
authority thus conferred upon the Executive, 
and, as will be seen by reference to the accom- 
panying papers, is in conformity with the pre- 
cedent established by Washington in 1795, and 
followed by President Adams in 1800, Madison 
in 1815. and Lincoln in 1863, and by the present 
Executive in 1865, 1867, and 186S. 

Andrew Johnson. 
Washington, D. C, January 18, 1869. 

President Grant's Proclamation for the Election 
in Virginia, May 14, 1869. 

In pursuance of the provisions of the act of 
Congress approved April 10, 1 869, 1 hereby desig- 
nate the 6th day of July, 1869, as the time for 
submitting the constitution passed by the con- 
vention which met in Richmond, Virginia, on 
Tuesday, the 3d day of December, 1867, to the 
voters of said State registered at the date of such 
submission, viz., July 6, 1869, for ratification or 
rejection. 

And I submit to a separate vote the fourth 
clause of section 1, article III, of said constitu- 
tion, which is in the following words: 

Every person who has been a senator or rep- 
resentative in Congress, or elector of President 
or Vice-President, or who held any office, civil 
or military, under the United States, or under 
any State, who, having previously taken an oath 
as a member of Congress, or as an officer of the 
United States, or as a member of any State legis- 
lature, or as an executive or judicial officer of any 
State, shall have engaged in insurrection or re- 



bellion against the same, or given aid or com- 
fort to the enemies thereof This clause shall 
include the following officers: Governor, lieuten- 
ant governor, secretary of State, auditor of 
public accounts, second auditor, register of the 
land office, State treasurer, attorney general, 
slieriffs, sergeant of a city or town, commissioner 
of the revenue, county surveyor, constables, 
overseers of the [loor, commissioner of the board 
of public works, judges of the supreme court, 
judges of the circuit court, judge ot the court of 
hustings, justices of the county courts, mayor, re- 
corder, aldermen, councilmen of a city or tov/n, 
coroners, escheators, inspectors of tobacco, flour, 
&c., and clerks of the supreme, district, circuit, 
and county courts, and of the court of hustings, 
and attorneys for the Commonwealth ; provided 
that the legislature may, by a vote of three fifths 
of both houses, remove the disabilities incurred 
by this clause from any person included therein 
by a separate vote in each case. 

And I also submit to a separate vote the 7th 
section of article III of the said constitution, 
which is in the words following: 

In addition to the foregoing oath of office, 
the governor, lieutenant governor, members of 
the General Assembly, Secretary of State, audi- 
tor of public accounts. State treasurer, attor- 
ney general, and all persons elected to any 
convention to frame a constitution for this 
State, or to amend or revise this constitution in 
any manner, and the mayor and council in any 
city or town shall, before they enter on the 
duties of their respective offices, take and sub- 
scribe to the following oath or affirmation, pro- 
vided the disabilities therein contained may be 
individually removed by a three-fifths vote of 

the General Assembly : "I, , do solemnly 

swear (or affirm) that I have never voluntarily 
borne arras against the United States since I 
have been a citizen thereof; that I have volun- 
tarily given no aid, countenance, counsel, or 
encouragement to persons engaged in armed 
hostilitv thereto; that I have never sought or 
accepte'd, or attempted to exercise, the functions 
of any office whatever under any authority or 
pretended authority in hostility to the United 
States; that I have not yielded a voluntary 
support to any pretended government, author- 
ity, power or constitution within the United 
States hostile or inimical thereto. And I do 
further swear (or atfiim) that to the best of my 
knowledge and ability I will support and defend 
the Constitution of the United States against all 
enemies, foreign and domestic; that I will bear 
true faith and allegiance to the same; that I 
take this obligation freely, without any mental 
reservation or purpose of evasion, and that I 
will well and faithfully discharge ,tlie duties 
of the office on whicii I am about to enter, so 
help me God." The above oath sliall also be 
taken by all the city and county officers before 
entering upon their duties, and by all other 
State officers not included in the above provis- 
ion. 

I direct the vote to be taken upon each of the 
above-cited provisions alone, and upon the other 
portions of the said constitution in the following 
manner, viz.: 

Each voter favoring the ratification of the con- 



grant's proclamations. 



421 



stitution (excluding the provisions above quoted) 
as framed by the convention of December 3, 1867, 
ehall express his judgment by voting 

FOE THE CONSTITUTION. 

Each voter favoring the rejection of the con- 
stitution (excluding the provisions above quoted) 
shall express his judgment by voting 

AGAINST THE CONSTITUTION. 

Each voter will be allowed to cast a separate 
ballot for or against either or both of the pro- 
visions above quoted. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at tlie city of Washington, this 14th day 
of May, in the year of our Lord 1869, 
[seal.] and of the independence of the United 
States of America the ninety-third. 
U. S. Grant. 
By the President ; 

Hamilton Fish, 

Secretary of State. 

Respecting Wages of Labor, May 19, 1869. 

Whereas the act of Congress, approved June 
25, 1868, con.stituted on and after that date eight 
hours a day's work for all laborers, workmen, 
and mechanics employed by or on behalf of the 
Government of the United States, and repealed 
all acts and parts of acts inconsistent therewith: 

Now, therefore, I, Uh'sses S. Grant, President 
of the United States, do hereby direct that, from 
and after this date, no reduction shall be made 
in the wages paid by the Government by the day 
to such laborers, workmen, and mechanics on 
account of such leduction of the hours of labor. 

In testimony whereof I have hereto set my 
hand and cau.sed the seal of the United States to 
be affixed. 

Done at the city of Washington, this 19th day 
of May, in the year of Lord 1869, and 
[seal.] of the independence of the United States 
the ninety-third. U. S. Geant. 

By the President: 

Hamilton Fish, 

Secretary of State. 

Relative to Duties upon Merchandize in French 
Vessels, June 12, 1869. 

Whereas s-atisfactory evidence has been re- 
ceived by me from his majesty the Emperor of 
France, through the Count Faverney, his charge 
d'affaires, that on and after this date the dis- 
criminating duties heretofore levied in French 
ports upon merchandize imported from the 
countries of its origin in vessels of the United 
Stales are to be discontinued and abolished: 

Now, therefore, I, U. S. Grant, President of 
the United States of America, by virtue cf the 
authority vested in me by an act of Congress of 
the 7th day of January, 1824, and by an act in 
addition thereto of the 24th day of May, 1828 



do hereby declare and proclaim, that on and 
after this date, so long as merchandize imported 
from countries of its origin into French ports in 
vessels belonging to citizens of the United States 
is admitted into French ports on the terms 
aforesaid, the discriminating duties heretofore 
levied upon merchandize importf:d from the 
countries of its origin into ports of the United 
States in French vessels shall be, and are hereby, 
discontinued and abolished. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the United States 
to be affixed. 

Done at the city of Washington, this 12tb day 
of June, in the year of our Lord 1869, 
[seal.] and of the independence of the United 
States of America the ninety-third. 
U. S. Geant. 
By the President: 

Hamilton Fish, 

Secretary of State. 

The following is the official notification con- 
taining the evidence upon which the foregoing 
proclamation was issued : 

[Translation.] 

Legation of France to the U. S., 
Washington, June 12, 1869. 

Mr. Secretary of State: In conformity with 
the desire expressed in the note addressed by you 
to M. Berthemy, of the 19th of March last, I have 
requested of the Emperor's government to be 
informed by telegraphic dispatch of the abolition 
of discriminating duties on merchandize import- 
ed into France from the countries of its origin in 
American vessels. 

I have the honor to send you herewith a copy 
of the notice which I have just received on this 
subject from his excellency the Minister of For- 
eign Affairs. This shows that discriminating 
duties upon merchandize imported into'ttie em- 
pire under the American flag have been abolished 
from and after the 12th of June, 1869. Conse- 
quentlj% pursuant to what has been agreed be- 
tween us, I pray your excellency to have the 
goodness to take the necessary measures in order 
that reciprocal treatment may at once be granted 
France by the Government of the United Stales. 

Accept, Mr. Secretary of State, the assurances 
of my high consideration. 

Count de Faverney. 

To Hon. Hamilton Fish, 

Secretary of State. 

[Translation.] 

DATED — , 1869. RECEIVED IN WASHINGTON 

JUNE 12. 

To the Charge d' Affaires of France, Washington: 
Discriminating duties on merchandize import- 
ed from the countries of its origin in American 
vessels have this day been discontinued in the 
ports of the empire. Ask for reciprocity. 
The Minister 
Pabis. for Foreign Affairs. 



XLIV. 



ORDERS AND PAPERS ON RECONSTRUCTION. 

ADDITIONAL MILITARY ORDERS UiNDER THE RECONSTRUCTION ACTS, AND THE 
NEW CONSTITUTION OP TEXAS. 



Orders and Papers relating to Eeconstruction, 
and General Action under the Reconstruction 
Laws.'^ _ 

Headquarters of the Arm7, 
Adjutant General's Office, 
Washington, July 2S, 1863. 
General Orders, No. 55: 

The following orders from the War Depart 
raent, which have been approved by the Presi- 
dent, are published for the information and 
government of the army and of all concerned: 

The commanding generals of the second, 
third, fourth, and fifth military districts having 
officially reported that the States of Arkansas, 
North Carolina, South Carolina, Louisiana, 
Georgia, Alabama, and Florida have fully com- 
plied with the acts of Congress known as the 
reconstruction acts, including the act passed 
June 22, 1868, entitled " An act to admit the 
State of Arkansas to representation in Con- 
gress," and the act passed June 25, 1868, entitled 
*' An act to admit the States of North Carolina, 
South Carolina, Louisiana, Georgia, Alabama, 
and Florida to representation in Congress," and 
that, consequently, so much of the act of March 
2, 1867, and the acts supplementary thereto, as 
provide for the organization of military dis- 
tricts, subject to the military authority of the 
United States, as therein provided, has become 
inoperative in said States, and that the com- 
manding generals have ceased to exercise in 
said States the military powers conferred by 
said acts of Congress : therefore, the following 
changes will be made in the organization and 
command of military districts and geographical 
departments: 

I. The second and third military districts 
having ceased to exist, the States of North Caro- 
lina, South Carolina, Georgia, Alabama, and 
Florida, will constitute the department of the 
South ; Major General George G. Meade to com- 
mand. Headquarters at Atlanta, Georgia. 

II. The fourth military district will now con- 
sist only of the State of Mississippi, and will 
continue to be commanded by Brevet Major 
General A. C. Gillem. 

III. The fifth military district will now con- 
eist of the State of Texas, and will be com- 
manded by Brevet Major General J. J. Reynolds. 
Headquarters at Austin, Texas. 

IV. The States of L luisiana and Arkansas 
will constitute the department of Louisiana. 
Brevet Major General L. H. Pwousseau is assigned 



•Continuation of the rooord from p. 34S Iland-Book 
of Politics for 1808, or p. 87 Political Manual of 18G8. 

40 



to the command. Headquarters at New Or- 
leans, Louisiana. Until the arrival of General 
Rousseau at New Orleans, Brevet Major General 
Buchanan will command the department. 

V. Brevet Major General George Crooke is 
assigned, according to his brevet of major gen- 
eral, to command the department of the Colum- 
bia, in place of Rousseau, relieved. 

VI. Brevet Major General E. R. S Canby is 
reassigned to command the doi)artment of Wash- 
ington. 

VII. Brevet Major General Edward Hatch, 
colonel 9th cavalry, will relieve General Bu- 
chanan as assistant commissioner of the Bureau 
of Refugees, Freedmen, and Abandoned Lands 
in Louisiana. 

By command of General Grant. 

E. D. TOWNSEND, 

Assistant Adjutant General 

Attorney General's Office, 

August 20, 1868. 
Alexander Maqruder, Esq., 

United States Marshal Northern District 
of Florida, St. Augustine, Florida. 

Sir: Your letter of the 12th instant reached 
me yesterday, and has received an attentive 
consideration. Colonel Sprague's information to 
you must have been based upon his own con- 
struction of General Meade's order lately issued, 
and not upon any special instructions from the 
President to Colonel Sprague, through General 
Meade or otherwise, as no such special instruc- 
tions have been issued by the President. You 
add: "Under some circumstances I should be 
glad to have the aid of the military, and, if 
practicable, would be pleased to have instruc- 
tions given to the militar^y to aid me when 
necessary. I ask this, as Colonel Sprague in- 
forms me under his instructions he cannot do 
so." 

This desire and request for the aid of the mili- 
tary under certain circumstances I understand 
to refer to the occasional necessity which may 
arise that the marshal should have the means of 
obtaining the aid and assist.ince of a more con- 
siderable force than his regular deputies supply 
for execution of legal process in his district. 

The 27th section of the judiciary act of 1789 
establishes the office of marshal, and names 
among his duties and powers the following: 
" And to execute throughout the district all law- 
fil precepts directed to him and issued under 
the authority of the United States, and he shall 
have powor to command all necessary assistance 
in the execution of his duty, and to appoint, aa 



ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 



423 



there may be occasion, one or more deputies." — 
(1st ^ 87.) 

You will observe from this that the only- 
measure of the assistance which you have power 
to command is its necessity lor the execution of 
your duty, and upon your discreet judgment, 
under your otEcial responsibility, the law reposes 
the determination of what force each particular 
necessity requires. This power of the marshal 
is equivalent to that of a sheriff, and with either 
embraces, as a resort in necessity, the whole 
power of the precinct (county or district) over 
which the ofScer's authority extends. In de- 
fining this power Attorney General Gushing — 
and, as I understand the subject, correctly — 
says it "comprises every person in the district 
or county above the age of fifteen years, whether 
civilians or not, and including the military of all 
denominations — militia, soldiers, marines — all 
of whom are alike bound to obey the commands 
of a sheriff or marshal." 

While, however, the law gives you this " pow- 
er to command all necessary assistance," and the 
military within your district are not exempt from 
obligation to obey, in common with all the citi- 
zens, your summons, in case of necessity, you 
will be particular to observe that this high and 
responsible authority is given to the marshal 
only in aid of his duty "to execute throughout 
the district all lawful precepts directed to him 
and issued under the authority of the United 
States," and only in case of necessity for this ex- 
traordinary aid. The military persons obeying 
this summons of the marshal will act in subordi- 
nation and obedience to the civil officer, the 
marshal, in whose aid in the execution of process 
they are called, and only to the effect of securing 
its execution. 

The special duty and authority in the execu- 
tion of process issued to you must not be con- 
founded with the duty and authority of sup- 
pressing disorder and preserving the peace, 
which, under our Government, belongs to the 
civil authorities of the States, and not to the 
civil authorities of the United States. Nor are 
this special duty and authority of the marshal 
in executing process issued to him to be con- 
founded with the authority and duty of the 
President of the United States in the specific 
cases of the Constitution and under the statutes 
to protect the States against domestic violence, 
or with his authority and duty under special 
statutes to employ military force in subduing 
combinations in resistance to the laws of the 
United States; for neither of these duties or 
authorities is shared by the subordinate officers 
of the Government, except when and as the same 
may be specifically communicated to them by 
the President. 

I have thus called your attention to the gen- 
eral considerations bearing upon the subject to 
which your letter refers, for the purpose of 
securing a due observance of the limits of your 
duty and authority in connection therewith. 
Nothing can be less in accordance with the na- 
ture of our Government or the disposition of our 
people than a frequent or ready resort to military 
aid in the execution of the duties confided to 
civil officers. Courage, vigor, and intrepidity 
are appropriate qualities lor the civil service 



which the marshals of the United States are ex- 
pected to perform, and a reinforcement of their 
power by extraordinary means is permitted by 
the law only in extraordinary emergencies. 

If it shall be thought that any occafion at any 
time exists for instructions to the military author- 
ities of the United States within any of the States 
in connection with the execution of process of 
the courts of the United States, these instructions 
will be in accordance with the exigency then 
a[)pearing. 

I am, sir, very respectfully, your obedient ser- 
vant, Wm. M. Evarts, 

Attorney General. 

Headquarters of the Army, 
Adjutant General's Office, 
Washington, August 25, 1868. 
Major General G. G. Meade, U. S. A., 

Commaiid'nig Department of South, 

Atlanta, Georgia. 

General: In reply to your request for in- 
struction relative to the use of troops under 
3'our command in aid of the civil authorities, 
the Secretary of War directs to be furnished for 
your information and government the enclosed 
copies of a letter of instructions to Brevet Major 
General Buchanan, commanding department of 
Louisiana, dated August 10, 1868, and of a letter 
from the Attorney General of the United States 
to Alexander Magruder, esq., United States 
marshal, northern district of Florida, dated 
August 20, 1868. 

The letter to General Buchanan indicates the 
conditions under which the military power of 
the United States may be employed to suppress 
insurrection against the government of any 
State, and prescribes the duties of the depart- 
ment commander in reference thereto. 

The letter of the Attorney General sets forth 
the conditions under which the marshals and 
sheriffs may command the assistance of the 
troops in the respective districts or counties to 
execute lawful precepts issued to them by com- 
petent authority. 

The obligation of the military, (individual offi- 
cers and soldiers,) in common with all citizens, 
to obey the summons of a marshal or sheriff, 
must be held subordinate to their paramount 
duty as members of a permanent military body. 
Hence the troops can act only in their proper 
ori:anized capacity, under their own officers, and 
in obedience to the immediate orders of their 
officers. The officer commanding troops sum- 
moned to tlie aid of a marshal or sheriff must 
also judge for himself, and upon his own official 
responsibility, whether the service required of 
him is lawful and necessary, and compatible 
with the proper discharge of his ordinary mili- 
tary duties, and must limit the action absolutely 
to proper aid in execution of the lawful precept 
exhibited to him by the marshal or sheriff. 

If time will permit, every demand from a civil 
officer for military aid, whether it be for the exe- 
cution of civil process or to suppress insurrection, 
shall he forwarded to the President, with all the 
material facts in the case, for his orders; and in 
all cases the highest commander whose orders 
can be given in time to meet the emergencies 
will alone assume the responsibility of aotioa. 



424 



POLITICAL MANUAL. 



By a timely disposition of troops where there is 
reason to apprehend a necessity for their nse, 
and by their passive interposition between hos- 
tile parties, dangers of collision may be averted. 

Department commanders, and in cases of ne- 
cessity their subordinates, are expected, in this 
regard, to exercise, upon their own responsibility, 
a wise discretion, to the end that in any event 
the peace may be preserved. 

By command of General Grant. 

J. C. Kelton, 
Assistant Adjutant General. 

Headquarters of the Army, 

Adjutant General's Office, 
Washington, October 31, 1868. 
General Orders, No. 90. 

The following order has been received from 
the War Department, and is published for the 
information and guidance of all concerned: 

Soldiers may, for certain offences not strictly 
military, be sentenced by general court-martial 
to confinement in a penitentiary. 

If any State in a military dejiartment has made 
ppovision by law for confinement in a peniten- 
tiary thereof of prisoners under sentence by 
courts-martial of the United States, the depart- 
ment commander may designate such peniten- 
tiary as a place for the execution of any such 
sentence to penitentiary confinement; but if no 
Buch [>rovision has been made by any State in 
the department, the record will be forwarded to 
the Secretary of War for designation of a prison. 

The authority which has designated the place 
of confinement, or higher authority, can change 
the [ilace of confinement, or mitigate or remit 
the sentence. 

The same rules apply to prisoners sentenced 
b}' military commission, so long as the law under 
which the military commission acted is in force; 
but when that law ceases to be operative, the 
President alone can change the place of confine- 
ment, or mitigate or remit the sentence. 

By command of General Grant. 

E. D. TOWNSEND, 

Assistant Adjutant Oeneral. 

HEADaUAETERS OF THE AeMY, 

Adjutant General's Office, 
Washington, November 4, 1868. 
General Orders, No. 91. 

I. The following orders have been received 
from the \Var Department: 

War Department, 
WASniNGTON City, November 4, 1868. 
By direction of tlie President, Brevet Major General 
E. K. S. Canliy i.s hereby assigned to the eomniand of 
the fifth military district, created by tlie act of Con- 
pross of March 2, 1807, and of the military department 
of Texas, con.sisting of tl>e State of Te.\aH. Ho will, 
without unnecessary delay, turn over his present com- 
mand to the ne.xt officer in rank, and proceed to the 
fximmand to which he is hereby assigned, and, on as- 
Hurning the same, will, when necessary to a faithful 
execution of the laws, exercise any and all powers 
conferred by acts of Congress upon district command- 
ers, and any and all authority pertaining to officer.s in 
••ommand of mi'litary departments. 

Brevet Major General J. J. Reynolds is hereby re- 
lieved from the command of the fifth military dis- 
trict. J. M. SCHOFIELD, 

Secretary of War. 
II In pursuance of the foregoing order of the 
President of the United States, Brevet Major 
General Ganby will, on receipt of this order, turn 



over his present command to the officer next In 
rank to himself, and proceed to Austin, Texas, 
to relieve Brevet Major General Reynolds of the 
command of the fifth military district. 
By command of General Grant. 

E. D. Townsend, 
Assistant Adjutant Oeneral. 

Headquarters of the Army, 
Adjutant General's Office, 
Washington, March 5, 1869. 
General Orders, No. 10. 

The President of the United States directs that 
the following orders be carried into execution as 
soon as practicable: 

1. The department of the South will be com- 
manded by Brigadier and Brevet Major General 
A. H. Terry. 

2. Major General G. G. Meade is assigned to 
command the military division of the Atlantic, 
and will transfer his headquarters to Pinladel- 
phia, Pennsylvania. He will turn over his pres- 
ent command temporai'ily to Brevet Major Gen- 
eral T. H. Pv-uger, colonel 33d infantry, who is 
assigned to duty according to his brevet of major 
general while in the exercise of this command. 

3. Major General P. H. Sheridan is assigned 
to command the department of Louisiana, and 
will turn over the command of the department 
of the Missouri temporarily to the next senior 
officer. 

4. Major General W. S. Hancock is assigned 
to command the department of Dacotah. 

5. Brigadier and Brevet Major General E. R. 
S. Canby is assigned to command the first mili- 
tary district, and will proceed to his post as soon 
as relieved by Brevet Major General Reynolds. 

6. Brevet Major General A. C. Gillem, colonel 
24th infantry, will turn over the command of 
the fourth military district to the next senior 
officer, and join his regiment. 

7. Brevet Major General J. J. Reynolds, colo- 
nel 26th infantry, is assigned to command the 
fifth military district, according to his brevet 
of major general. 

8. Brevet Major General W. H. Emory, colo- 
nel 5th cavalry, is assigned to command the 
department of Washington, according to his 
brevet of major general. 

By command of the general of the army. 
E. D. Townsend, 
Assistant Adjutant General. 

Headquarters of the Army, 

Adjutant General's Office, 
Washington, March 16, 1869 
General Orders, No. 18. 

By direction of the President of the United 
States, the following changes are made in mili- 
tar)' divisions and department commands: 

I. Lieutenant General P. H. Sheridan is as- 
signed to command the military division of the 
Missouri. 

II. Major General H. W. Halleck is assigned 
to the command of the military division of the 
South, to be composed of the departments of the 
South and Louisiana, of the fourth military dis- 
trict, and of the States composing the present 
department of the Cumberland, headquarters 
Louisville, Kentucky. Major General Ilalleck 



ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 



425 



•will proceed to his new command as soon as 
relieved by Major General Thomas. 

III. Major General G. H. Thomas is assigned 
to command the military division of the Pacific. 

IV. Major General J. M Schotield is assigned 
to command the department of the Missouri 
The Slale of Illinois and post of Fort Smith, 
Arkansas, are transferred to this department. 

V. Brigadier and Brevet Major General 0. 0. 
Howard is assigned to command the department 
of Louisiana. Until his arrival, the senior offi- 
cer, Brevet Major General J. A. Mower, will com- 
mand according to his brevet of major general. 

VI. The department of Washington will be 
discontinued and merged in the department of 
the East. The records will be sent to the adju- 
tant general of the army. 

VII. The first military district will be added 
to the military division of the Atlantic. 

VIII. As soon as Major General Thomas is 
ready to relinquish command of the department 
of the Cumberland, the department will be dis- 
continued, and the States composing it will be 
added to other departments, to be hereafter 
designated The records will be forwarded to 
the adjutant general of the army. 

By command of General Sherman : 

E. D. TOWNSEND, 

Assistaiit Adjutant General. 

Headquarters of the Army, 
Adjutant General's Office, 
Washington, March 31, 1869. 
Special Orders, No. 75. 

Extract. 
* -X- * * * * * 

16. By direction of the President of the United 
States, Brevet Major General A. S. Webb, U. S. 
array, is assigned to command the first military 
district, according to his brevet of major general, 
until the arrival of Brevet Major General Canby 
to relieve liim. He will accordingly repair to 
Pkichmond, Virginia, without delay. * * 

By command of General Sherman : 

E. D. Townsend, 
Assistant Adjuta7it General. 

Headquarters of the Armt, 
Adjutant General's Office, 
Washington, April 3, 1869. 
General Orders, No. 29. 

I. By direction of the President of the United 
States, paragraph VIII of General Orders, No. 
18, of March 16, 1869, is hereby revoked. 

II. Brigadier and Brevet Major General P. St. 
G. Cooke, U. S. army, is assigned to the com- 
mand of the department of the Cumberland 
wjjen it shall be relinquished by Major General 
Thomas 

By command of General Sherman: 

E. D. Townsend, 
Assistant Adjutant General. 

ORDERS OF THE DISTRICT COMMANDERS.* 

First Military District— Virginia. 

Headquarters Department of Virginia, 
Richmond, Va., Ju7ie 23, 1869. 
General Order, No. 77. 

The laws of the State of Virginia and the or- 



• Continued from p. 325 Hand-Book of Politics for 1868, 
or p. 65 Political Manual for 1868. 



dinances of the different municipalities within 
the State having especial reference to and made 
to restrain the personal liberty of free colored 
persons were designed for the government of 
such persons while living amrd a population of 
colored slaves ; they were enacted in the inter- 
ests of slave-owners, and were designed for the 
security of slave property : they were substan- 
tially parts of the slave code. 

Slavery has been abolished in Virginia; and, 
therefore, upon the princifde that where the reason 
of the law ceases the law itself ceases, these laws 
and ordinances have become obsolete. People 
of color will henceforth enjoy the same personal 
liberty that other citizens and inhabitants enjoy ; 
they will be subject to the same restraints and to 
the same punishments for crime that are imposed 
on whites, and lo no others. 

Vagrancy, however, will not be permitted ; 
neither whites nor blacks can be allowed to 
abandon their proper occupations, to desert their 
families, or roam in idleness about this depart- 
ment; but neither whites nor blacks will be re- 
strained from seeking employment elsewhere, 
when they cannot obtain it with just compensa- 
tion at their homes, nor from travelling from 
place to place on proper and legitimate business. 

Until the civil tribunals are re established, the 
administration of criminal justice must of neces- 
sity be by military courts. Before such courts 
the evidence of colored persons will be received 
in all cases. 

By command of Major General A. H. Terry. 
Ed. W. Smith, A. A. G 

Official : A. R. S. FooTE, A. A. 0. 

1869, February 8 — All civil officers, corpora- 
tions, &c., required to make returns to the legis- 
lature, ordered to make the same to headquarters. 

March 15 — The joint resolution respecting the 
provisional governments of Virginia and Texas 
was promulgated, and all officers unable to take 
the test oath removed, to take effect the 18th 
instant. 

March 18 — Removal in accordance with above 
order suspended till the 21st instant. 

March 21 — General Stoneman submitted his 
report, which showed that there were 5,446 offices 
in the State, 532 of which had been filled by 
General Schofield, 1,972 by General Stoneman, 
329 could take the oath, and 2,613 were unfilled, 
owing to the difficulty in finding men aole to 
take the test-oath. 

March 22 — The mayor of Richmond asked the 
commanding officer if tlie appointment of colored 
policemen would meet his approval, who on the 
23d answered that it would, and so would their 
appointment to all yiositions to which they were 
eligible and for which thev were competent. 

March 27 — General Stoneman took upon him- 
self the duties of governor, removing Governor 
Wells. 

March 30 — In compliance with Special Order, 
75, A. G. 0., Brevet Major General A. G. Webb 
assumed command. 

April 2 — Governor Wells was reinstated. 

April 3 — It appearing that the organization of 
civil government under the reconstruction laws 
in certain counties proved to be impossible, since 
suitable persons to qualify and assume the duties 
of the various offices of this district, under the 



426 



POLITICAL MANUAL. 



laws of the United States, had not been found, 
military officers were again appointed in some 

sections of the State. 

April 20— General E. R. S. Canby assumed 
command. 

April 22 — All officers of the provisional gov- 
ernment ordered to take the test-oath. 

May 7 — Orders that "all persons elected or 
appointed to civil office who have subscribed 
the oath of office of July 2. 1862, and filed the 
same with county clerks or witli other civil 
officers, as required by law, will cause duly cer- 
tified copies of said oath to be made and filed at 
these headquarters, that their ability to qualify 
under the joint resolution of Congress passed 
February 6, 18G9, (Public, No. 6,) may be defi- 
nitely ascertained. A failure to send forward 
such oath will be an indication that the office is 
vacated under the resolution before cited." 

May 27 — Assigns military commissioners and 
Bupenntendeiits of registration and election; in- 
vests the military commissioners with all the 
powers of justices of the peace and police magis- 
trates, to be " governed in the execution of their 
duties by the laws of Virginia, except so far as 
those laws may conflict with the laws of the 
United States or with the orders issued from 
these headquarters;" places at their disposition 
all peace officers, in addition to troops; makes 
it their duty to promptly report to headquarters 
all cases, and when parties are held for trial, 
either in confinement or under bail, the cases to 
be so fully reported as to enable the command- 
ing general to decide whether they shall be tried 
by a military commission or a civil court; de- 
clares that the powers herein conferred upon 
military commissioners are not to be construed 
as extending to the inhabitants in their ordinary 
personal relations, but to the end tliat United 
States laws be duly executed and full protection 
given to all parties in their rights of person and 
property, and that they will only be exercised 
where the civil authorities refuse or fail to act, 
or exact and impartial justice from the civil 
courts cannot be secured; all persons required 
to obey anid execute all lawful orders of the mili- 
tary commissioners. Civil officers not relieved 
from duty — this order being intended to aid and 
not supersede them — except in cases of necessity. 
The superintendents of registration and election 
districts are^ invested with similar but subordi- 
nate powers to those of military commissioners, 
to or through whom they must report 

June 21J— The stay of executions against per- 
sonal property extended until January 1, 1870: 
Provided, That between January 1 and August 
1, 1869, the debtor shall have paid one year's 
interest upon the principal sum due. 

June 30 — To guard against fraud, two ballot- 
boxes at each polling {ilace: one to receive bal- 
lots for or against the constitution as a whole, the 
other, for or against the separate clauses to be 
voted on ; a committee of not more than three 
persons from each political party to witness l)a,l- 
Jot counting, but none save sworn election officers 
to examine or handle poll lists, ballot-boxes, or 
ballots. 



In justification of his test-oath order, General 
Canby wrote the following letter: 



Headquaktep.s FinsT Military DisinicT, 
State of Vikgima, 
Richmond, Va , June 2o, 1869. 
Mr. B. W. GiLLis, Richmond, Va. 

Sill : I have received your note of the 2.3d in- 
stant, and will state in reply to the inquiries 
tlurein made — 

First. That I have uniformly held that mem- 
bers of the general assembly and State officers 
to be elected on the 6th proximo would be re- 
quired to take, before entering upon the duties 
of their offices, the oath prescribed by the law 
of July 2, 1862, unless the constitution should 
first b^ approved by Congress, or the oath be 
otherwise dispensed with by law. 

Second. That this decision is in conformity 
with the action heretofore taken upon the same 
subject in another district, and was based upon 
a careful consideration of all the laws bearing 
upon the question now presented. 

The 6th section of the law of March 2, 1867, 
provides " That until the people of the said rebel 
States shall be by law admitted to representa- 
tion in the Congress of the United States, any 
government which may exist therein shall be 
deemed provisional only, and in all respects 
subject to the paramount authority of the United 
States to abolish, modify, control, or supersede 
the same." The conditions that must precede this 
admission to representation are prescribed by the 
5th section of the same law, the 5th section of 
the law of March 23, 1867, and the 6th section 
of the law of April 10, 1869. The same section 
[irescribes the qualifications of voters in all 
elections to office, and the qualifications (eligibil- 
ity) of officers under such provisional govern- 
ments. Tlie supplementary law of March 23, 
1867, modified the qualifications of voters by 
prescriijing registration and determining the con- 
ditions essential to registration, and the amend- 
atory law of March 13, 1868, section 2, applied 
the same qualifications (registered voters) to the 
voters for members of the House of Representa- 
tives of the United States, and all elective offices 
provided for by those constitutions, at the elec- 
tions to be held upon the questions of ratifying 
or rejecting the proposed constitutions, and the 
9th section of the law of July 19. 1867, im- 
poses an additional qualification upon the offi- 
cers, by requiring that they shall take the oath 
of office prescribed by the law of July 2, 1862. 

Under the original law of March 2, 1867, (sec- 
tion 5,) it was in the power of the district com- 
mander to prescribe an oath of office, conforming 
to the conditions of eligibility prescribed by tiiat 
section, and this in fact was done by several of 
the district commanders in this district by 
General Orders, No. 9, of April 5, 1867; and 
these oaths continued in force until they were 
sufierseded by the oath required by the law of 
July 19, 1867. That law placed the subject be- 
yond the discreiion and control of the district 
commander, and he cannot now prescribe or 
adopt any different oath without disregarding 
or annulling a positive and controlling law. I 
have heretofore held, and do now hold, that the 
approval by Congress of any proposed constitu- 
tion makes it a part of the reconstruction laws, 
and, to iho extent that Congress directs or au- 
thorizes any action under it in advance of the 



ORDERS AND PAPERS OX RECONSTRUCTION, ETC. 



427 



admission of the State, dispenses with tlie pro- 
visions of any previous laws that conflict with 
it. In all other respects the constitutions and 
the govern uieuts organized under them remained 
inoperative until all the conditions of restora- 
tion were satisfied. It has been suggested re- 
cently that this decision is in conflict with a 
decision made by the general of the army in 
relation to the titate of Georgia, on the 2d of 
March, 1868. The only decision of that date 
which I have been able to find relates to the 
State of Florida, and is in reply to a specific 
inquiry as to the qualifications of voters for 
offices under the constitution, "and to take office 
on the adoption of the constitution," and the 
answer is to be interpreted by the decision of 
January 13, 1868, that " The governments elected 
cannot assume authority except under the orders 
of the district commander, or after action of 
Congress on their constitutions." The decision 
in relation to Georgia is dated on the 29th of 
April, 1868. It is similar in import, and refers 
to the dispatch of March 2, and this has proba- 
bly led to the confusion of dates. It is in answer 
to a communication from the commander of the 
third military district, and applies directly and 
apparently exclusively to the 2d paragraph of 
General Orders, No. 61, third military district, 
of May 15, 1868, which provides that "inasmuch 
as said general assembly, should the constitution 
now submitted to the people of the State be 
ratified by them, and be approved by Congress, 
is required to convene and adopt the proposed 
amendment to the Constitution designated as 
Article XIV before the State can be admitted 
to representation in Congress, it may be decided 
that the members of the said general assembly 
are, while taking this preliminary action, officers 
of a provisional government, and as such required, 
under the 9th section of the act of Congress, of 
July 19, 1867, to take the "test oath." 

This decision must also be interpreted by the 
decision of January 13lh, and this I apprehend 
to be the proper rule of interpretation of all the 
correspondence upon this subject, as I have been 
unable to find any case in which the inquiry and 
answer did not relate to the status of these officers 
after t!ie approval by Congress of the constitu- 
tion under which they were elected. The law of 
June 25, 1868, approving the constitutions of 
several States, and authorizing specific action 
under them, was regarded by me as dispensing 
with the oath of office prescribed by the law of 
July 2, 1862, first as to the members of the general 
assembly, and after the ratification of the con- 
stitutional amendment to the other State officers 
duly elected and qualified under those constitu- 
tions. This construction, in its first application, 
did not include the governor and lieutenant gov- 
ernor ; but as the organization of the legislature 
would have been incomplete without the lieu- 
tenant governor, and as the legislative action 
required by the law might have been embarrassed 
by the action of the old incumbents, the general 
of the army directed that they should be re- 
moved, and the governor and lieutenant governor 
elect should be appointed in their places. They 
were so appointed in North and South Carolina, 
qualified under their military appointment, and 
after the ratification of the constitutional amend- 



ment again qualified under the constitutions of 
their States. 

The action taken in the first case was approved, 
and in the second, directed by the general of the 
array. It has also been suggested that the re- 
eonstruction laws are silent as to the qualification 
of officers to be elected under the proposed con- 
stitutions and of voters at such elections, and 
that the laws under which the decision has been 
made are in conflict with the recent legislation 
of Congress (act of April 10, 1869) and with the 
XlVth article of the amendments to the Consti- 
tution of the United States. The question with 
regard to the qualification of voters was raised 
in the case of the (then) proposed constitution of 
the State of Florida, and was settled by the 2d 
section of the law of March 13, 1868, which pro- 
vides " That the constitutional conventions of 
any of the States named in the acts to which this 
is amendatory may provide, that at the time of 
voting upon the ratification of the constitution, 
the registered voters may vote also for members 
of the House of Representatives of the United 
States and for all elective officers provided by 
said constitution." The "voters" at the election 
to be held in this State for " members of the gen- 
eral assembly," "State officers," and " members 
of Congress," under the authority of the 2d sec- 
tion of the law of April 10, 1869, are determined 
by the 1st section of that law to be the " voters 
of said State registered at the date of said sub- 
mission (of the constitution) for ratification or 
rejection." The qualification of the officers rests 
upon the same basis, and must be governed by 
the reconstruction laws until the constitution 
becomes the controlling law, and this does not 
obtain until it has been approved by Congress. 
Over the remaining^suggestions the district com- 
mander has no control, and the question whether 
the laws are or are not in conflict with the con- 
stitution must be determined by the Supreme 
Court of the United States. 

Very respectfully, your obedient servant, 
Ed. R. S. Canby, 
Brevet Major General, commanding. 

Second Military District— North Carolina and 
South Carolina. 

1868, July 2 — Various appointments of rail- 
road directors, &c., made by Governor Worth 
annulled. 

July 2 — Legislature of North Carolina ratified 
the XlVth constitutional amendment. 

July 3 — General Can by telegraphed to Gov- 
ernor Holden, "Your telegram announcing the 
ratification of the constitutional amendment by 
the Legislature of North Carolina has been re- 
ceived, and instructions will be sent to day to 
the military commanders in North Carolina to 
abstain from the exercise of any a' thority under 
the reconstruction laws, except to close up unfin- 
ished business, and not to interfere in any civil 
matters unless the execution of the law of June 
25, 1868, should be obstructed by unlawful or 
forcible opposition to the inauguration of the 
new State government." 

July 6 — Issued instructions as to the coiwse to 
be pursued by commanding officers on ratifica- 
tion of XlVth amendment in North Carolina 
and issue of the President's proclamation. 



428 



POLITICAL MANUAL. 



July 9 — The Legislature of South Carolina 
ratified the XlVth constitutional amendment. 

July 13 — Order similar to that of July 6 in 
relation to South Carolina. 

July 24 — All authority conferred upon and 
heretofore exercised by the commander of the 
said second military district, by and under the 
aforecited law of March 2, 1867. remitted to the 
civil authorities constituted and organized in the 
eaid States of North Carolina and South Carolina 
under the constitutions adopted by the people 
thereof and approved by the Congress of the 
United States. 

Third Military District— Georgia, Florida, and 
Alabama. 

1868, April 10 — The resignations of sheriffs in 
Georgia being very numerous on account of the 
near approach of the election, their resignations 
were not received, and they were required to 
continue in the discharge of their duties till re- 
lieved by further orders. 

Forba'de the attempts of employers to control 
the action or will of their laborers as to voting, 
by threats of discharge or other oppressive means, 
under the penalty of fine and imprisonment An- 
nounced it as the intention of the commanding 
general to secure to all duly registered voters an 
opportunity to vote "freely and without re- 
straint, fear, or the influence of fraud." 

April 11 — Forbade all municipal elections in 
Georgia on the general election day. Forbade 
the assembling of any armed bodies to discuss 
political questions. Forbade the carrying of 
arms at or near polling places on election day. 
Enjoined the superintendents of registration and 
officers of Freedmen's Bureau to instruct the 
freedmen as to their rights. 

April 13 — It having been reported that many 
names have been stricken from the registered 
list of voters in Georgia without any cause, and 
it being the determination of the commanding 
general that all the candidates shall be able to 
show, from official data, that the election was 
honestly and fairly conducted, all managers of 
elections were ordered to receive the votes of all 
such persons, to be sent in a separate envelope 
with the returns of the election. 

April 15 — Members of the General Assembly 
of Georgia taking their seats before the ratifica- 
tion of the XlVlh constitutional amendment are 
officers of a provisional government, and required 
to take tlie test-oath. 

April 24 — Allowed the employment on the 

'highway of such persons as had been convicted 

of minor offences, permitted the use of the ball 

and chain where there was danger of escape, but 

the chain-gang not to be revived. 

May 11 — Declared the constitution of Georgia 
ratified by a majority of 17,699. 

June 2 — Declared the constitution of Florida 
ratified by a majority of 5,050. 

June 9— Legi'slature of Florida ratified the 
XlVth constitutional amendment. 

June 28— rtufus B. Bullock appointed Gov- 
ernor of Georgia, vice Brevet Brigadier General 
T. H. Euger, to date from July 5. William H. 
Smith, Governor, vice K. M. Patton removed, 
and A. J. Applegate, Lieutenant Governor, of 
Alabama, both to date from July 13. 



June 29 — All civil officers in Florida ordered 
to turn over all public property, Ac, to duly 
eleeted officers, and the district commander, on 
notification of the inauguration of civil govern- 
ment, to transfer everything appertaining to the 
government of said State to the proper civil 
officers, and to abstain in future upon any pre- 
text whatever from any interference with or 
control over the civil authorities of the State in 
the persons and property of the citizens thereof. 

July 2 — Forbade any court or ministerial offi- 
cer in Georgia to enforce any judgment, decree, 
or execution against any real estate, except for 
taxes, money borrowed and expended in th« 
improvement of the homestead or for the pur- 
chase-money of the same, and for labor done 
thereon or material furnished therefor, or re- 
moval of incumbrance thereon, until the legis- 
lature should have time to provide for the setting 
apart and valuation of such properly. 

July 3 — Governor R. B. Bullock ordered to 
effect organization of the two houses of the leg- 
islature of Georgia on the 4th inst. 

July 9 — Governor Wm. H. Smith ordered to 
organize the two houses of the legislature of 
Alabama on the I3th inst., having required be- 
forehand that each house shall be purged of 
those who were obnoxious to the XlVth consti- 
tutional amendment. 

July 13 — The legislature of Alabama ratified 
the XlVth constitutional amendment. 

July 14 — Military rule withdrawn from the 
State of Alabama. All prisoners ordered to be 
turned over to civil courts. Writs from State 
courts to be answered by stating that the pris- 
oners are prisoners of the United States, and 
writ must come from United States court. 

July 21 — Legislature of Georgia ratified the 
XlVth constitutional amendment. 

July 22 — Military rule withdrawn from Geor- 
gia. 

Headquarters Third Military District, 
(Dept. of Georgia, Florida, and Alabama,) 
Atlanta, Ga., July 30 1868 
General Orders, No. 108. 

I. The several States comprising this military 
district having, by solemn acts of their Assem- 
blies, conformed to the requisitions of tlie act of 
Congress which became a law June 25, 1868, and 
civil government having been inaugurated in 
each, the military power vested in the district 
commander by the reconstruction laws, by the 
provisions of these laws ceases to exist, and 
hereafter all orders issued from these headquar- 
ters, and bearing upon the rights of persons and 
property, will have in the several States of 
Georgia, Alabama, and Florida only such force 
as may be given to tliein by the courts and leg- 
islatures of the respective States. * * 
By order of Major General Meade: 

S. F. Barstow, a. a. a. G. 

Fourth Military District— Mississippi and Ar- 
kansas. 

1868, June 22— Arkansas admitted to repre- 
sentation in Congress. 

June 22 — Election in Mississippi, constitution 
defeated. 

June 30 — Military rule withdrawn from Ar- 
kansas. 



ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 



429 



Augusts — Arkansas detached from the fourth 
military district and attached to the department 
of Louisiana. 

1869, March 23 — All offices held by persons 
unable to lake the test-oath and whose disabili- 
ties have not been removed declared vacant. 

April 9 — Annuls an act of the legislature of 
Mississippi of 1867 in regard to poll-tax, fixing 
it at one dollar instead of two. No city or town 
allowed to levy a poll-tax. 

April 27 — Ordered that all persons, without 
respect to race, color, or previous condition of 
servitude, who possess the qualifications pre- 
scribed by article 135, page 499, of the Revised 
Code of 1857, shall be competent jurors. 

Fifth Military District— Louisiana and Texas- 

1868, July 9 — Legislature of Louisiana rati- 
fied the XlVth constitutional amendment. 

July 13 — Military rule withdrawn from Louis- 
iana. 

August 4 — Louisiana detached from the fifth 
military district. 

September 18— The constitutional convention 
of the State of Texas, on the 25th day of August, 
1868, levied a tax of one fifth of one per cent 
on the assessment of 1868; which tax the asses- 
sors and collectors now have instructions to col- 
lect. It is hereby ordered that the tax be promptly 
fiaid. Any obstruction or resistance to the col- 
ection of said tax will be a violation of the law 
of Congress, and as such will be punished by 
military authority. 

September 29 — No election for electors of Pre- 
sident and Vice President of the United States 
will be held in the State of Texas on the 3d of 
November next. Any assemblages, proceedings, 
or acts for such purposes are hereby piohibited, 
and all citizens are admonished to remain at 
home, or attend to their ordinary business on 
that day. 

November 4 — General Reynolds removed from 
command. General E. R. S. Canby assigned to 
the fifth military district. 

December 7 — The constitutional convention 
reassembled, 

1869, January 16 — Divided the State into 
posts, giving instructions as to the duties of the 
commanding officers of each, and calling on all 
good citizens to unite in enforcing the law and 
establishing a good government. 

January 20 — Forbids all military interference 
where civil power is sufficient to insure justice 
and order, and requires all things to be done as 
nearly in accordance with the laws of the States 
as may be, and promises the support of the mili- 
tary in every case of need to the civil authorities. 

January 21 — Authorizes post commanders to 
admit to bail persons not subject to Articles of 
War held in military arrest. Prescribes the form 
of bond. 

"H. The commanding general is advised that 
in some of the counties of this State it has been 
the practice of the sheriff, in calling for assist- 
ance in the execution of legal process, to summon 
only persons who are of the same politisal party. 
The administration of justice should not only be 
impartial, but its agents should be free from the 
suspicion of political or partisan bias; and it is 
mada the duty of all sheriffs and peace officers 



in all cases where they may lawfully require 
assistance, to summon substantial citizens of the 
county, whose social and material intere.«ts are 
involved in the peace and prosperity of the com- 
munity, without reference to their political 
opinions. 

"For like reasons, no person who is person- 
ally or pecuniarily interested in any issue to be 
tried will hereafter be deputed to serve or be 
summoned to aid in the service of any legal 
process connected with the particular cause of 
action." 

Headq'rs Fifth Military District, 
Austin, Texas, April 7, 1869. 

General Orders, No. G8. 

Tlie provisions of chapter 63, general laws of 
the 11th legislature, State of Texas, passed Oc- 
tober 27, 1866, are so modified, that hereafter no 
county judge or county court shall apprentice 
any child whose relatives, either by consan- 
guinity or affinity, take such care of it as to pre- 
vent its becoming a charge upon the public; and 
in every case where a child has been apprenticed 
by the county court since the 19lh day of June, 

1865, the indentures shall be cancelled by the 
court that ordered them, when the relatives of 
such child, either by consanguinity or affinity, 
apply to the county court for the custody and 
care of it. 

It is further ordered, that the bond required 
by section 5 of said act shall, in addition to 
the conditions therein prescribed, provide for 
the tuition of such child in some private or 
public school for three months in every year of 
the apprenticeship. * * 

In any case where a sale of real estate may 
be made under execution or other judicial pro- 
cess, or ' under a mortgage or deed of trust," 
and the proceeds of such sale are for the benefit 
of the State of Texas, the Governor and attor- 
ney general may direct that such real estate 
shall be bid in for the State, if in their judgment 
the interest of the State will thereby be pro- 
moted ; and the deed in such case shall be exe- 
cuted to the State of Texas in the same manner 
and with like effect as if the purchase had been 
made by an individual. 

The State of Texas shall in no case be required 
to give any bond or other security in the prose- 
cution of its suits or remedies in the courts of 
the State. 

The operation of the act of the 11th leg- 
islature of Texas, providing " for the educa- 
tion of indigent white children of the several 
counties of the State," parsed November 12, 

1866, is'hereby suspended until the legislature 
shall provide for an equal system of common 
schools. All moneys collected for the purposes 
named in the act above cited, and not paid out 
or due under existing contracts or agreements, 
are hereby directed to be paid to the treasurers 
of the sev-eral counties wherein the same shall 
have been collected, and said treasurers are di- 
rected and required to receipt and account for 
the same as by law required with reference to 
other moneys not applicable to any special fund 
or purpose. 

By command of Bvt. Maj. Gen . E. R. S. Canby : 
Louis V. Caziarc. 
A. DC. A A A.G. 



430 



POLITICAL MANUAL. 



April 8 — Gen. Canby relinquished command, 
and Gen. .1. J. Reynolds resumed it. 

April 12. — All civil officers in the State who 
cannot take the test-oath will cease to perform 
official duties on the 25th instant. 



New Constitution of Texas. 

The constitution of the State of Texas, adopted 
by the convention, and to be submitted to a vote 
of the people at a time to be indicated by the 
President, contains in the preamble an acknowl- 
edgment, with gratitude, of the grace of God in 
permitting them to make a choice of our form of 
government. 

In the bill of rights are these declarations: 

That the heresies of nullification and secession, 
which brought the country to grief, may be elim- 
inated from political discussion, that public order 
may be restored, private property and human life 
protected, and the great principles of liberty and 
equality secured to us and our posterity, we de- 
clare that — 

The Constitution of the United States, and the 
laws and treaties made and to be made in pur- 
suance thereof, are acknowledged to be the su- 
Eremelaw; that this constitution is framed in 
armony with and in subordination thereto ; and 
that the fundamental principles embodied herein 
can only be changed subject to the national au- 
thority. 

All freemen, when they form a social compact, 
have equal rights, and no man or set of men is 
entitled to exclusive separate public emoluments 
or privileges. 

No law shall be passed depriving a party of 
any remedj' of the enforcement of a contract 
which existed when the contract was made. 

No person shall ever be imprisoned for debt. 

No citizen of this State shall be deprived of 
life, property, or privileges, outlawed, exiled, or 
in any manner disfranchised, exceptbyduecourse 
of tlie law of the land. 

Perpetuities and monopolies are contrary to 
the genius of a free government, and shall never 
be allowed ; nor shall the law of primogeniture 
or entailment ever be in force in this State. 

The equality of all persons before the law is 
herein recognized, and shall ever remain invio- 
late; nor shall any citizen ever be deprived of 
any right, privilege, or immunity, nor be ex- 
empted from any burdens or duty, on account of 
race, color, or previous condition. 

Importations of persons under the name of 
"coolies," or any other designation, or the 
adoption of any system of peonage, whereby the 
helpless and unfortunate may be reduced to 
j)artial bondage, shall never be authorized or 
tolerated by the laws of the State; and neither 
slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall 
have been duly convicted, shall ever exist in the 
State. 

Every male person who shall have attained 
the age of twenty-one years, and who shall be 
(or who shall have declared his intention to be- 
come) a citizen of the United States, or who is 
at the time of the acceptance of this constitution 
by the Congre.«s of the United States a citizen of 
Texas, and shall have resided in the State one 



year next preceding an election, and the lastsix 
months witiiin the district or county in which 
he offers to vote and is duly registered, (Indiana 
not taxed excepted,) shall be deemed a qualified 
elector; and should such qualified elector hap- 
pen to be in any other county, situated in the 
district in which he resides, at the time of an 
election, he shall be permitted to vote for any 
district officer; provided that the qualified elec- 
tor shall be permitted to vote anywhere in the 
State for State officers; and provided further, 
that no soldier, seaman, or marine in the army 
or navy of the United States shall be entitled to 
vote at any election created by this constitution. 

Senators shall be chosen for six years, and 
representatives for two. The governor for four. 

The legislature shall not authorize any lottery, 
and shall prohibit the sale of lottery tickets. 

It shall be the duty of the legislature to imme- 
diately expel from the body any member who 
shall receive or offer a bribe, or suffer his vote 
influenced by promise of preferment or reward ; 
and every person so offending and so expelled 
shall thereafter be disabled from holding any 
office of honor, trust, or profit in this State. 

The legislature shall proceed, as early as prac- 
ticable, to elect senators to represent this State 
in the Senate of the United States ; and also 
provide for future elections of representatives to 
the Congress of the United States; and on the 
second Tuesday after the first assembling of the 
legislature after the ratification of this constitu- 
tion the legislature shall proceed to ratify the 
Xlllth and XlVth articles of amendiiient to the 
Constitution of the United States of America. 

The governor may at all times require in- 
formation in writing from all the officers of the 
executive department on any subject relating to 
the duties of their offices, and he shall have a 
general supervision and control over them. He 
shall have the power of removal of each of said 
officers, except the lieutenant governor, for mis- 
feasance, malfeasance, or nonfeasance; but the 
reasons and causes of such removal shall be com- 
municated in writing by him to the senate at the 
first meeting of the legislature which occurs after 
such removal, for its approval or disapproval; 
if disapproved by the senate, it may restore the 
displaced incumbent by a vote of that body. 

The governor has the veto power, subject to 
an overriding vote of two-thirds of each House. 

The supreme judges to be appointed by the 
governor, with approval of the senate, to serve 
for nine years. 

Every male citizen of the United States, of 
the age of twenty-one years and upwards, not 
laboring under the disabilities named in this 
constitution, without distinction of race color, 
or former condition, who shall be a resident of 
this >tate at the time of the adoption of this 
constitution, or who shall hereafter reside in 
this State one year, and in the county in which 
he offers to vote sixty days next preceding any 
election, shall be entitled to vote for all otiicers 
that are now or hereafter may be elected by the 
people, and upon all questions submitted to tho 
electors at any election ; provided, that no 
person shall be allowed to vote or hold office 
who is now or hereafter may be disqualified 
thereby by the Constitution of the United States, 



NEW CONSTITUTION OF TEXAS. 



481 



until such disqualification shall be removed by 
the Congress of the United States ; provided, 
further, that no person while kept in any 
asylum, or confined in prison, or who has been 
convicted of felony, or who is of unsound mind, 
shall be allowed to vote or hold office. 

It shall be the duty of the legislature of the 
State to make suitable provisions for the support 
and maintenance of a system of public free 
schools, for the gratuitous instruction of all the 
inhabitants of this State between the ages of 
Bix and eighteen years. 

The legislature shall establish a uniform sys- 
tem of public free schools throughout the State. 

The legislature at its first session (or as soon 
thereafter as maj' be possible) shall pass such 
laws as will require the attendance on the pub- 
lic free schools of the State of all the scholastic 
population thereof for the period of at least 
four months of each and every year ; provided, 
that whenever any of the scholastic inhabitants 
may be shown to have received regular instruc- 
tion for said period of time in each and every 
year from any private teacher having a proper 
certificate of competency, this shall exempt 
them from the operation of the laws contem- 
plated by this section. 

As a basis for the establishment and endow- 
ment of said public free schools, all the funds, 
lands, and other property heretofore set apart 
and appropriated for the support and mainte- 
nance of public schools shall constitute the public 
school fund ; and all sums of money that may 
come to this State hereafter from the sale of any 

?ortion of the public domain of the State of 
exas shall also constitute a part of the public 
school fund. And the legislature shall appro- 
priate all the proceeds resulting from sales of 
public lands of this State to such public school 
fund. And the legislature shall set apart, for 
the benefit of public schools, one fourth of the 
annual revenue derivable from general taxation, 
and shall also cause to be levied and collected 
an annual poll-tax of one dollar on all male 
persons in this State between the ages of twenty- 
one and sixty years for the benefit of public 
schools. An.d said fund and the income derived 
therefrom, and the taxes herein provided for 
school purposes, shall be a perpetual fund, to be 
applied, as needed, exclusively for the education 
of all the scholastic inhabitants of this State, 
and no law shall ever be made appropriating 
such fund for any other use or purpose whatever. 

The legislature shall, if necessary, in addition 
to tlie income derived from the public school 
fund and from the taxes for school purposes pro- 
vided for in the foregoing section, provide for 
the raising of such amount, by taxation, in the 
several school districts in the State, as will be 
necessary to provide the necessary school-houses 
in each district and insure the education of all 
the scholastic inhabitants of the several dis- 
tricts. 

The public lands heretofore given to counties 
shall be under the control of the legislature, and 
may be sold under such regulations as the legis- 
lature may prescribe, and in such case the pro- 
ceeds of tlie same shall be added to the public 
school fund. 

The hgislature shall, at its first session, (and 



from time to time thereafter, as may be found 
necessary,) y)rovide all needful rules and regula- 
tions for the purpose of carrying into effect the 
provisions of this article. It is made the imper- 
ative duty of the legislature to see to it that all 
the children in the State, within the scholastic 
age, aril without delay provided with ample 
means of education. The legislature shall annu- 
ally appropriate for school purposes, and to be 
equally distributed among all the scholastic 
population of the State, the interest accruing on 
the school fund and the income derived from 
taxation for school purposes, and shall, from 
time to time, as may be necessary, invest the 
principal of the school fund in the bonds of the 
United States Government, and in no other 
security. 

To ever}' head of a family, who has not a 
homestead, there shall be donated one hundred 
and sixty acres of land out of the public do- 
main, upon the condition that he will select, 
locate, and occupy the same for three years, and 
pay the office fees on the same. To all single 
men twenty-one years of age there shall be 
donated eighty acres of land out of the public 
domain, upon the same terms and conditions as 
are imposed upon the head of a family. 

Members of the legislature, and all officers, 
before they enter upon the duties of their offices, 
shall take the following oath or affirmation : " I 
(A. B.) do solemnly swear (or affirm), that I will 
faithfully and impartially discharge and perform 

all duties incumbent on me as , according 

to the best of my skill and ability, and that I 
will support the Constitution and laws of the 
United States and of this State. And I do further 
swear (or affirm), that since the acceptance of 
this constitution by the Congress of the United 
States, I, being a citizen of this State, have not 
fought a duel with deadly weapons, or com- 
mitted an assault upon any person with deadly 
weapons, or sent or accepted a challenge to fight 
a duel with deadly weapons, or acted as second 
in fighting a duel, or knowingly aided or as- 
sisted any one thus offending, either within the 
State or out of it; that I am not disqualified 
from holding office under the 14th amendment 
to the Constitution of the United States, (or, 
as the case may be, my disability to hold office 
under the XIV amendment to the Constitution 
of the United States has been removed by act 
of Congress;) and, further, that I am a qualified 
elector in this State." 

Laws shall be made to exclude from office, 
serving on juries, and from the right of suffrage, 
those who shall hereafter be convicted of brib- 
ery, perjury, forgery, or other high crimes The 
privilege of free suffrage shall be supported by 
laws regulating elections, and prohibiting under 
adequate penalties all undue influence thereon 
from power, bribery, tumult, or other improper 
practice. 

The legislature shall provide by law for the 
compensation of all officers, servants, agents, 
and public contractors, not provided for by this 
constitution, and shall not grant extra compen- 
sation to any officer, agent, servant, or public 
contractor, after such public service sliall have 
been performed, or contract entered into for the 
performance of the same; nor grant, by appro- 



432 



POLITICAL MANUAL. 



priation or otherwise, any amount of money 
out of the treasury of the State, to any indi- 
vidual, on a claim, real or pretended, where the 
same shall not have been provided for by pre- 
existing law. 

General laws, regulating the adoption of chil- 
dren, emancipation of minora, and the granting 
of divorces, shall be made; but no special law 
shall be enacted relating to particular or indi- 
vidual cases. 

The rights of married women to their separate 
property, real and personal, and the increase of 
the same, .xhall be protected by law ; and mar- 
ried women, infants, and insane persons, shall 
not be barred of their rights of property by ad- 
verse posses.sion or law of limitation of less tlian 
seven years from and after the removal of each 
and all of their respective legal disabilities. 

The legislature shall have power, and it shall 
be their dut3-,to protect by law from forced sale 
a certain portion of the property of all heads of 
families. The homestead of a family, not to ex- 
ceed two hundred acres of land, (not included in 
a city, town, or village,) or any city, town, or 
village lot or lots, not to exceed five thousand 
dollars in value at the time of their designation 
as a homestead, and without reference to the 
value of any improvements tliereon, shall not be 
subject to forced sales for debts, except they be 
for the purchase thereof, for the taxes assessed 
thereon, or for labor and materiils expended 
thereon ; nor shall the owner, if a married man, 
be at liberty to alienate the same unless by tiie 
consent of the wife, and in such manner as may 
be prescribed by law. 

All persons who at any time heretofore lived 
together as husband and wife, and both of whom, 
by the law of bondage, were precluded from the 
rites of matrimony, and continued to live to- 
gether until the death of one of the parties, shall 
be considered as having been legally married, 
and the issue of such cohabitation shall be deemed 
legitimate , and all such persons as may be now 
living together in such relation shall be consid- 
ered as having been legally married, and the 
children heretofore or hereafter born of such co- 
habitations shall be deemed legitimate. 

No minister of the Gospel, or priest of any de- 
nomination whatever, who accepts a seat in the 
legislature as representative, shall, after such ac- 
ceptance, be allowed to claim exemption from 
military service, road duty, or serving on juries, 
by reason of his said profession. 

The ordinance of the convention passed on 
the first day of February, A. D. 1861, commonly 
known as the ordinance of secession, was in con- 
travention of the Gonstitution and laws of the 
United States, and therefore null and void from 
the beginning ; and all laws and parts of laws 
founded upon said ordinance were also null and 
void from the date of their passage. The legis- 
latures which sat in the State of Texas from the 
18th day of March, A. D. 18G1, until the (Itii day 
of August, A. D. 18G6, had no constitutional au- 
thority to make laws binding upon the people of 
the State of Texas : Provided. That this section 



shall not be construed to inhibit the authorities 
of this State from re pecting and enforcing such 
rules and regulations as were prescribed by the 
said legislatures which were not in violation of 
the Constitution and laws of the United States, 
or in aid of the rebellion against the United 
States, or prejudicial to citizens of this State who 
were loyal to the United States, and wliich have 
been actuallj'- in force or observed in Texas du- 
ring the above [leriod of tune, nor to afl'ect pre- 
judicially private rights which may have grown 
up under such rules and regulations, nor to in- 
validate official acts not in aid of the rebellion 
against the United States during said period of 
time. The legislature wliich assembled in the 
city of Austin on the 6th day of August, A. D. 
1866, was provisional only, and its acts are to 
be respected only so far as they were not in vio- 
lation of tiie Constitution and laws of the United 
States, or were not intended to reward ihose who 
participated in the rebellion or discriminate be- 
tween citizens on account of race or color, or to 
operate prejudicially lo any class of citizens. 

All debts created by the so-called Stale of 
Texas from and after the 28th day of January, 
A. D. 1861, and prior to the 5th day of August, 
1SG5, were and are null and void, and the legis- 
lature is [irohibited irom making any provision 
for the acknowledgment or payment of such 
debts. All unpaid balances, whether of salary, 
per diem, or monthly allowance due to employees 
of the State, who were in the service thereof on 
the said 28th day of January, 1861, civil or mil- 
itary, and who gave their aid, countenance, or 
support to the rebellion then inaugurated against 
the Government of the United States, or turned 
their arms against the said Government, thereby 
forfeited the sums severally due to them. All 
the ten per cent, warrants issued for military 
services, and exchanged during the rebellion at 
the treasury for non-interest warrants, are 
hereby declared to have been fully paid and dis- 
charged: Provided, That any loyal person, or his 
or her heirs or legal representatives, rnav, by 
proper legal proceedings, to be commenced within 
two years after the acceptance of this constitu- 
tion by the Congress of the United States, show 
proof in avoidance of any contract made or re- 
vise or annul any decree or judgment rendered 
since the said 28th day of January, 1861, when, 
through fraud practiced or threats of violence 
used towards such persons, no adequate consid- 
eration for the contract has been received ; or 
when, througli absence from the State of such 
person, or through political prejudice against 
such [lerson, the decision complained of was not 
fair or impartial. 

All the qualified voters of each county shall 
also be qualified jurors of such county. 

Four congressional districts are established, to 
continue till otherwise provided by law. 

The election on the adoption of the constitu- 
tion to be held on the first Monday in July, 
1869, at the places and under the regulations to 
be prescribed by the commanding general of the 
military district. 



JUDICIAL DECISIONS, AND THE OPINION OF THE ATTORNEY 

GENERAL OF THE UNITED STATES ON THE JURISDICTION OF MILITARY COMMISSIONS. 



SUPREME COURT OF THE UNITED STATES. 

On the Right of a State to Tax Passengers Pass- 
ing through it. 

No. 85, December Term, 1867. 

William H. Crandall,prff in error,"] In error to the su- 
I preme court of 
"*• f the State of Ne- 

The State of Nevada. J vada. 

' Mr. Justice Miller delivered the opinion of the 
court. 

The question for the first time presented to 
the court by this record is one of importance. 
The proposition to be considered is the right of 
a Slate to levy a tax upon persons residing in the 
State who may wish to get out of it, and upon 
persons not residing in it who may have occa- 
sion to pass through it. 

It is to be regretted that such a question 
should be submitted to our consideration with 
neither brief nor argument on the part of plain- 
tiff in error. But our regret is diminished by 
the reflection, that the principles which must 
govern its determination have been the subject 
of much consideration in cases heretofore de- 
cided by this court. 

The plaintiff in error, who was the agent of 
a stage company engaged in carrying passen- 
gers through the State of Nevada, was arrested 
for refusing to report the number of passengers 
that had been carried by the coaches of his com- 
pany, and for refusing to pay the tax of one 
dollar imposed on each passenger by the law of 
that State. He pleaded in good form that the 
law of the State under which he was prosecuted 
was void, because it was in conflict with the 
Constitution of the United States ; and his plea 
being overruled, the case came into the supreme 
court of the State, where it was decided against 
the claim thus set up under the Federal Con- 
stitution. 

The provisions of the statute charged to be in 
violation of the Constitution are to be found in 
sections 90 and 91 of the revenue act of 1865, 
page 271 of the statutes of Nevada for that 
year. Section 90 enacts, that " there shall be 
levied and collected a capitation tax of one 
dollar upon every person leaving the State by 
any railroad, stagecoach, or other vehicle en- 
gaged or employed in the business of transport- 
ing passengers for hire;" and that the proprie- 
tors, owners, and corporations so engaged shall 
pay said tax of one dollar for each and every 
person so conveyed or transported from the 
State. Section 91, for the purpose of collecting 
the tax, requires from persons engaged in such 
business, or their agents, a report every month, 
under oath, of the number of passengers so 
28 



transported, and the payment of the tax to the 
sheriff or other proper officer. 

It is claimed by counsel for the State that the 
tax thus levied is not a tax upon the passenger, 
but upon the business of the carrier who trans- 
ports him. 

If the act were much more skillfully drawn to 
sustain this hypothesis than it is, we should be 
very reluctant to admit that any form of words 
which had the effect to compel every person trav- 
eling through the country by the common and 
usual modes of public conveyance to pay a spe- 
cific sum to the State was not a tax upon the 
right thus exercised. The statute before us is 
not, however, embarrassed by any nice difficul- 
ties of this character. The language which we 
have just quoted is, that there shall be levied 
and collected a capitation tax upon every person 
leaving the State by any railroad or stage-coach, 
and the remaining provisions of the act, which 
refer to this tax, only provide a mode of collect- 
ing it. The officers and agents of the railroad 
companies and the proprietors of the stage- 
coaches are made responsible for this, and so 
become the collectors of the tax. 

We shall have occasion to refer hereafter some- 
what in detail to the opinions of the judges of 
this court in the Passenger Cases, 7 Howard, in 
which there were wide differences on several 
points involved in the case before us. In the 
case from New York then under consideration 
the statute provided that the health commissioner 
should be entitled to demand and receive from 
the master of every vessel that should arrive in 
the port of New York from a foreign port |1 50 
for every cabin passenger and |1 tor each steer- 
age passenger, and from each coasting vessel 
twenty-five cents for every person on board. 
That statute does not use language so strong as 
the Nevada statute, indicative of a personal tax 
on the passenger, but merely taxes the master 
of the vessel according to the number of his 
passengers; but the court held it to be .a tax 
upon the passenger, and that the master was the 
agent of the State for its collection. Chief Jus- 
tice Taney, while he differed from the majority 
of the court, and held the law to be valid, said 
of the tax levied by the analogous statute of 
Massachusetts, that "its payment is the condi- 
tion upon which the State permits the alien pas- 
senger to come on shore and mingle with its 
citizens and to reside among them. It is de- 
manded of the captain, and not from every sep- 
arate passenger, for convenience of collection. 
But the burden evidently falls upon the passen- 
ger, and he in fact pays it, either in the enhanced 
price of his passage or directly to the captain 
before he is allowed to embark for the voyage. 

51 



434 



POLITICAL Manual. 



The nature of the transaction and the ordinary- 
course of business show that this must be so." 

Having determined that the statute of Nevada 
imposes a tax upon the passenger for the privi- 
lege of leaving the tStaie, or passing through it 
by the ordinary mode of passenger travel, we 
proceed to inquire if it is for that reason in con- 
flict with the Constitution of the United States. 

In the argument of the counsel for the de- 
fendant in error, and in the opinion of tlie su- 
preme court of Nevada, wliich is found in the 
record, it is assumed that tliis question must be 
decided by an exclusive reference to two pro- 
visions of the Constitution, namely : that which 
forbids any State, without the consent of Con- 
gress, to lay any imfiosts or duties on imports 
or exports, and that which confers on Congress 
the power to regulaie commerce with foreign 
nations and among the several States. 

The question as thus narrowed is not free 
from dithculties. Can a citizen of the United 
States traveling from one part of the Union to 
another be called an export? It was insisted in 
the Passenger Cases, to which we have already 
referred, tliat foreigners coming to this country 
were imports within the meaning of the Con- 
stitution, and the provision of that instrument 
that the migration or importation of such per- 
sons as any of the States then existing should 
think proper to admit should not be prohibited 
prior to the year 1808, but that a tax might be 
imposed on such importation was relied on as 
showing that the word import applied to per- 
sons as well as to merchandize. It was answered 
that this latter clause had exclusive reference to 
slaves, who were property as well as persons, 
and therefore proved nothing. While some of 
the judges who concurred in holding those 
laws to be unconstitutional gave as one of their 
reasons that they were taxes on imports, it is 
evident that this view did not receive the assent 
of a majority of the court. The application of 
this provision of the Constitution to the propo- 
sition which we have stated in regard to the 
citizen is still less satisfactory than it would be 
to the case of foreigners migrating to the United 
States. 

But it is unnecessary to consider this point 
further in the view which we have taken of the 
case. 

As regards the commerce clause of the Con- 
stitution, two propositions are advanceil on be- 
half of tlie defendant in error : 1. That the tax 
imfiosed by the State on passengers is not a reg- 
ulation of commerce 2. Tliat if it can be so con- 
sidered it is one of those powers which the 
States can exercise until Congress has so legis- 
lated as to indicate its intention to exclude 
State legislation on the same subject. 

The proposition that the power to regulate 
commerce, as granted to Congress by the Consti- 
tution, necessarily excludes the exercise by the 
States of any of the power thus granted, is one 
which has been niucti considered in this court, 
and the earlier discussions left the question in 
much doubt. As hue as the January term, 1849, 
tlie opinions of tiie judges in the Passengi-r Cases 
s!'ow tliat the question was considered to be one 
of much imi)ortanL-e in lliose cases, and was even 
then unsettled, liioiigh previous decisions of the 



court were relied on by the judges themselves as 
deciding it in different ways. It was certainly, 
so far as those cases affected it, left an open 
question. 

In the case of Cooley vs. Board of Wardens, 
12 Howard, 299, four years later, the same ques- 
tion came directly before the court in leference 
to the local laws of tlie port of Philadslphia 
concerning pilots. It was claimed that they 
constituted a regulation of commerce, and were 
therefore void. The court held that they did 
come within the meaning of the terra "to regu- 
late commerce," but that until Congress made 
regulations concerning pilots the States were 
competent to do so. 

Perhaps no more satisfactory solution has ever 
been given of this vexed question than the one 
furnished by the court in that case. After show- 
ing that there are some powers granted to Con- 
gress which are exclusive of similar powers in 
the States, because they are declared to be so, 
and that other powers are necessarily so from 
their very nature, the court proceeds to say, that 
the authority to regulate commerce with foreign 
nations and among the States includes within 
its compass powers which can only be exercised 
by Congress, as well as powers which, from their 
nature, can best be exercised by the State legis- 
latures, to which latter class the regulation of 
pilots belongs. "Whatever subjects of this 
power are in their nature national, or admit 
of one uniform system or plan of regulation, 
may justly be said to be of such a nature as to 
require exclusive legislation by Congress." In 
the case of Gillrnan vs. Philadelphia, 6 Wallace, 
713, this doctrine is reaffirmed, and under it a 
bridge across a stream navigable from the ocean, 
authorized by State law, was held to he well 
authorized in the absence of any legislation by 
Congress affecting the matter. 

It may be that under the power to regulate 
commerce among the States, Congress has au- 
thority to pass laws, the operation of which would 
be inconsistent with the tax imposed by the State 
of Nevada, but we know of no such statute now 
in existence. Inasmuch, therefore, as the tax 
does not itself institute any regulation of com- 
merce of a national character, or which has a 
uniform operation over the whole country, it is 
not easy to maintain, in view of the principles 
on which those cases were decided, that it violates 
the clause of the Federal Constitution which we 
have had under review. 

But we do not concede that the question be- 
fore us is to be determined by the two clauses of 
the Constitution which we have been examining. 

Thepeofile of these United States constitute one 
nation. They have a Government in which all 
of them aredee[il}'- interested. This Government 
has necessarily a capital established by law, 
where its principal operations are conducted. 
Here sits its legislature, composed of senators 
and rejiresentatives from the States and from 
the people of the States. Here resides the Presi- 
dent, directing through thousands of agents the 
execution of the laws over all this vast country. 
Here is the seat of the supreme judicial power of 
tlie nation, to which all its citizens have a right 
to resort to claim justice at its hands. Here are 
the great executive departments, administering 



JUDICIAL DECISIONS, ETC. 



435 



the offices of the iriiiils, of the public lands, of the 
collection and distribution of the public revenues, 
and of our foreign relations. Tliese are all estab- 
lished and conducted under the admitted powers 
of the Federal Government. That Government 
has a riglit to call to this point any or all of its 
citizens to aid in its service, as members of the 
Congress, of the courts, of the executive depart- 
ments, and to fill all its other offices; and this 
right cannot be made to depend upon the plea 
8ure of a State, over whose territory they must 
pass to reach the point where tiiese services must 
be rendered. The Government also has its offices 
of secondary importance in all other parts of the 
country. On the seacoasts and on the rivers it 
has its ports of entry. In the interior it has its 
land offices, its revenue offices, and its sub-treas- 
uries. In all these it demar,ds the services of its 
citizens, and is entitled to bring them to those 
points from all quarters of the nation, and no 
power can exist in a State to obstruct this right 
that would not enable it to defeat the purposes 
for which the Government was established. 

The federal power has a right to declare and 
prosecute wars, and, as a necessary incident, to 
raise and transport troops througli and over the 
territory of any State of the Union. 

If this right is dependent in any sense, how- 
ever limited, upon the pleasure of a State, the 
Government itself maj' be overthrown by an ob- 
struction to its exercise. Much the largest part 
of the transfiortation of troops during the late 
rebellion was by railroads, and largely through 
States whose people were hostile to the Union. 
If the tax levied by Nevada on railroad passen- 
gers had been the law of Tennessee, enlarged to 
meet the wishes of her people, the treasury of 
the United States could not have paid the tax 
necessary to enable its armies to pass through her 
territory. 

But if the Government has these rights on her 
own account, the citizen also has correlative 
rights. He has the right to come to the seat of 
Government to assert any claim he may have 
upon tliat Governttient, or to transact any busi- 
ness he may have with it; to seek its protec- 
tion, to share its offices, to engage in adminis- 
tering its functions. He has a right to free 
access to its sea-ports, through which all the 
operations of foreign trade and commerce are 
conducted, to the sub treasuries, the land offices, 
the revenue offices, and the courts of justice in 
the several States, and this right is in its nature 
independent of the will of any State over whose 
soil he must pass in the exercise of it. 

The views here advanced are neither novel 
nor unsupported by authority. The question of 
the taxing power of the States, as its exercise has 
affected the functions of the Federal Government, 
has been repeatedly considered by this court, and 
the right of the States in this mode to impede or 
embarrass the coastitutional operations of that 
Government, or the rights which its citizens hold 
under it, has been uniformly denied. 

The leading case of this class is that of McCul- 
loch Ts. Maryland, (4 Wheaton, 316.) The case 
is one every way important, and is familiar to 
the statesman and the constitutional lawyer. 
The Congress, for the purpose of aiding the fiscal 
operations of the Government, had chartered the 



Bank of the United States, with authority to es- 
tablish branches in the different States, and to 
issue notes for circulation. Tlie legislature of 
Maryland had levied a tax upon these circulat- 
ing notes, which the bank refused to pay, on 
the ground that the statute was void by reason 
of its antagonism to tlie Federal Constitution 
No particular provision of the Constitution was 
pointed to as prohibiting tlie taxation b}' the 
State. Indeed, the authority of Congi-ess to 
create the bank, wliich was strenuously denied, 
and the discussion of wliich constituted an im- 
portant element in the opinion of the court, was 
not based by that opinion on anj' ex{)iess grant 
of power, but was claimed to be necessary and 
proper to enable the Government to carry out its 
authority to raise a revenue, and to transfer and 
disburse the same. It was argued also that the 
tax on the circulation operated very remotely, if 
at all, on the only functions of the bank in which 
the Government was interested. But the court, 
by a unanimous judgment, held the law of Ma- 
ryland to be unconstitutional. 

It is not possible to condense the conclusive 
argument of Chief Justice Marshall in that case, 
and it is too familiar to justify its reproduction 
here ; but an extract or two, in which the re- 
sults of his reasoning are stated, will serve to 
show its applicability to the case before us. 
" That the power of taxing the bank by the 
States," he says, " may be exercised so as to 
destroy it is too obvious to be denied. But tax- 
ation is said to be an absolute power, which ac- 
knowledges no other limits than those prescribed 
by the Constitution, and, like sovereign power 
of any description, is trusted to the discretion 
of those who use it. But the very terms of this 
argument admit that the sovereignty of the 
State in the article of taxation is subordinate 
to and may be controlled by the Constitution of 
the United States." Again he says : " We find 
then on just theory a total failure of the origi- 
nal right to tax the means employed by the 
Government of the Union for the execution of 
its powers. The right never existed, and the 
question of its surrender cannot arise. * * 
" That the power to tax involves the power 
lo destroy: that the power to destroy may 
defeat and render useless the power to create ; 
that there is a plain repugnance in conferring 
on one government a power to control the 
constitutional measures of another, wliich other, 
with respect to those very means, is declared 
to be supreme over that which exerts the con- 
trol, are propositions not to be denied. If the 
States may tax one instrument employed by 
the Government in the execution of its powers, 
they may tax any and every other instrument. 
They may tax the mail; they may tax the mint; 
they may tax patent rights; they may tax the 
papers of the custom-house; they may tax ju- 
dicial process; they may tax all the means em- 
ployed by the Government to an excess which 
would defeat all the ends of Government. This 
was not intended by the American people. They 
did not design to make their Government de- 
pendent on the States." 

It will be observed that it v/as not the extent 
of the tax in that case which was complained 
of, but the right to levy any tax of that char- 



436 



POLITICAL MAXUAL. 



acter. So, in the case before us, it may be said 
that a tax of oue dollar for passing through the 
State of Nevada, by stage coach or b}' railroad, 
cannot sensibly affect any function of the Gov- 
ernment, or deprive a citizen of any valuable 
right. But if the State can tax a railroad passen- 
ger one dollar, it can tax liiiiioiie thousand dollars. 
If one State can do this, so can every other State. 
And tlius one or more States, covering tlie only 
practicable routes of travel from the east to the 
west, or from the north to the south, may to- 
tally prevent or seriousl)' burden all transpor- 
tation of passengers from one part of the country 
to the other. 

A case of another character, in which the tax- 
ing power, as exercised by a State, was held void, 
because repugnant to the Federal Constitution, is 
that of Brown vs. The Slate of Maryland, (12 
Wheatou, 412) 

The State of Maryland required all importers 
of foreign merchandize who sold the same by 
wholesale, by bale or by package, to take out a 
license, and this act was claimed to be unconsti- 
tutional. The court lield it to be so on tliree 
different grounds: Orst, that it was a duty on 
imports ; second, that it Wiis a regulation of com- 
merce; and, third, that the importer who had paid 
the duties imfiosed b}' the United States had 
acquired a right to sell his goods in the same 
original packages in wliich they were imported. 
To say nothing of the first and second grounds, 
we iiave in the tliird a tax of a State declared to 
be void because it interfered with the exercise of 
a ri;;liL derived by the importer from the laws of 
the Uniied States. If tiie right of passing through 
a Slate by a citizen of the United States is one 
guarantied to him by the Constitution, it must 
be as j^acred from State taxation as the right de- 
rived by the importer from the payment of duties 
to sell the goods on which the duties were paid. 

In the case of Weston vs The City of Charles- 
ton, (2 Peters, 447,) we have a case of State tax- 
ation of still another class, held to he void as an 
interference with the rights of the Federal Gov- 
ernment. The tax in that instance was imposed 
on bonds or stocks of the United States, in com- 
mon with all othersecuritiesof thesamecharacter. 
It was held by the court that the free and suc- 
cessful operation nf ijie Government required it 
at times to borrow money ; that to borrow money 
it WMs necessary to issue this class of national 
securities, and that if the States could tax these 
securities, they might^o tax them as to seriously 
impair or totally destroy the power of the Gov- 
ernment to borrow. This case, itself based on 
tlie doctrines advance 1 by the court in McCul- 
loch vs The State of Maryland, has been followed 
in dl the recent casi-s involving State taxation 
of Ouvernment bonds, from that of The People 
of New York vs. Tax Commissioners, (2 Black, 
620.) to the decisions of the court at this 
term. 

In all these cases the opponents of the taxes 
levied by the States were able to place their 
opposition on no express provision of the Con- 
stitution, except ill that of Brown vs. Maryland. 
But in all the otiier cases, and in that case also, 
the court distinctly placed the invalidity of the 
State taxes on the ground that they interfered 
with an authority of tlie Federal Government, 



whicli was itself only to be sustained as neces- 
sary and proper to the exercise of soma other 
power expressly granted. 

In the Passenger Cases, to which reference 
has already been made, Justice Grier, with 
wiiom Justice Catron concurred, makes this one 
of the four propositions on whicli they held the 
tax void in those cases. Judge Wayne expresses 
his assent to Judge Grier's views ; and perhaps 
this ground received the concurrence of more of 
tlie members of the court who constituted the 
majority than any other. 

But the principles here laid down may be 
found more clearly stated in the dissenting opin- 
ion of the Ciiief Justice in those cases, and with 
more direct pertinency to the case now before us, 
than anywhere else. 

After expressing his views fully in favor of 
the validity of the tax, which he said had ex- 
clusive reference to foreigners, so far as those 
cases were concerned, he proceeds to say, for the 
purpose of preventing misapprehension, that so 
far as the tax affected American citizens it could 
not in his opinion be maintained. He then 
adds: " Living as we do under a common gov- 
ernment, charged with the great concerns of the 
whole Union, every citizen of the United States, 
from the most remote States or Territories, is 
entitled to free access, not only to the principal 
departments established at Washington, but also 
to its judicial tribunals and public offices in 
every State in tlie Union. * * * For all 
the great purposes for which the Federal Gov- 
ernment was formed we are one people, with 
one common countrj'. We are all citizens of the 
United States, and as members of the same com- 
munity must have the right to pass and repass 
through every paVt of it without interruption 
as freely as in our own States. And a tax im- 
posed by a State for entering its territories or 
harbors is inconsistent with the rights which 
belong to citizens of other States as mem.bers of 
the Union, and with the objects which that 
Union was intended to attain. Such a power in 
the States could produce nothing but discord 
and mutual irritation, and they very clearly do 
not possess it." 

Although these remarks are found in a dissent- 
ing opinion, the}' do not relate to the matter on 
which the dissent was founded. Tiiey accord 
with the inferences which we have already drawn 
from the Constitution itself, and from the decis- 
ions of tli!s court in exposition of that instru- 
ment. 

Those principles, as we have already stated 
them in this o}>inion, must govern the present 
case. 

The judgment of the Supreme Court of the 
State of Nevada is therefore reversed, and the 
case remanded to that court, with directions to 
discharge the plaintiff in error from custody. 

Mr. Justice Clifford: I agree that the State 
law in question is unconstitutional and void, 
but I am not able to concur in the principal 
reasons assigned in the opinion of the court in 
support of that conclusion. 

Oc the contrary, I hold that the act of the 
State legislature is inconsistent with the power 
conferred upon Congress to regulate commerce 
among the several States, and 1 think the judg- 



JUDICIAL DECISIONS, ETC. 



437 



In error 
to the 
court of 
appeals 
of the 
State of 
N. York. 



ment of the court should have been placed exclu- 
sively upon that ground. 

Strong doubts are entertained by me whether 
Congre.=;s possepses the power to levy any such 
tax; but whether so or not, I am clear that the 
State legislature cannot impose any such burden 
upon commerce among the several States. Such 
commerce is secured against such legislation in 
the States by the Constitution, irrespective of 
any congressional action. 

The Chief Justice also dissents, and concurs in 
the views I have expressed. 

On State Taxation of United States Certificates 
of Indebtedness. 

December Term, ] 868. 

The People of the State of New York, ex rel. 

The Bank of New York National Banking 

Association, plaintiffs in error. 
No. 24t). vs. 

Richard B. Connolly, comptroller, and John 

T. Hottm:in.' mayor, &c., et al. 
The Peciple of tlic State of New Y'ork, ex rel. 

The National Broadway Bank, plaiutifls 

in error. 

No. 248. vs. 

John T. Hoffman, mayor, and Richard T. 

Connolly, comptroller, etc., 

and 

The People of the State of New York, ex rel. 

The National Bank of the Republic of the 

city of New York, plaintiffs in error, 
No. -252. vs. 

John T. Hoffman, mayor, Richard B. Con- 
nolly, comptroller "of the city of New 

York, et al. 

Mr. Chief Justice Chase delivered the opinion 
of the court in these causes. 

These three cases present, under somewhat dif- 
ferent forms, the same question, namely: Are the 
obligations of tlie United States, known as certifi- 
cates of indebtedness, liable to be taxed by Siate 
legislation? 

These three cases were argued and will be con- 
sidered together. 

In 1863 and in 1864 the proper officers of the 
State, acting under the laws of New York, assess- 
ed certain taxes upon the capital stock of the 
several banking associations in that State. Some 
of these banking associations resisted the collec- 
tion of the tax on the ground that, thougli nomi- 
nally imposed upon their respective cafiitals, it 
was in fact imposed upon the bonds and obliga- 
tions of the United States, in which a large pro- 
portion of these capita,ls was invested, and which, 
under the Constitution and laws of the United 
States, were exemp-t from State taxation. 

This question was brought before the court of 
appeals, wliich sustaiued the assessments, and 
disallowed the claim of the banking associations. 

From tliis decision an appeal was taken to 
tins court, upon the hearing of which, at the 
December term, 1864, it was adjudged that the 
taxes imposed upon the capitals of the associa- 
tions were a tax upon the national bonds and 
obligations in which they were invested, and, 
therefore, so far, contrary to the Constitution of 
the United States.* 

A mandate in conformity with this decision 
was sent to the court of appeals of New York, 
which court thereupon reversed its judgment, 
and entered a judgment agreeably to the man- 
date. 

* 2 Wall., 210. 



Afterwards, on the 30th of April, 1866, the 
legislature of New York provided by law for 
refunding to the banking associations and other 
corporations in like condition the taxes of 1863 
and 1864 collected upon tliat part of their capi- 
tals invested in securities of the United States 
exempt by law from taxation. The board of 
supervisors of the county of New York was 
cliarged with the duty of auditing and allowing, 
with the approval of the mayor of the city and 
the corporation counsel, the amount collected 
from each corporation for taxes on the exempt 
portion of its capital, together with costs, dam- 
ages, and interest. Upon such auditing and al- 
lowance the sums awarded were to be paid to 
the corporations severally entitled by tiie issue 
to each of New York county seven per cent. 
bonds of equal amounts. These bonds were to 
be signed by the comptroller of the city of New 
York, countersigned by the mayor, and sealed 
with the seal of the board of supervisors, an<I 
attested by the clerk of the board. 

Under this act the board of supervisors audited 
and allowed to the several institutions re|)re- ■ 
sented in the three cases under consideration 
their several claims for taxes collected upon the 
national securities held by them, including in 
this allowance the taxes paid on certificates of 
indebtedness, which the corporations claimed to 
be securities of the United States exempt from 
taxation. 

But the comptroller, mayor, and clerk refused 
to sign, countersign, seal, and attest the requisite 
amount of bonds for payment, insisting that cer- 
tificates of indebtedness were not exempt from 
taxation. 

A writ of mandamus was thereupon sued out 
of the supreme court of New York for the pur- 
pose of compelling these officials to perform their 
alleged duties in this respect. An answer was 
filed, and the court, by its judgment, sustained 
the refusal. An appeal was taken to the court 
of appeals of New York, by which the judgment 
of the supreme court was affirmed. Writs of 
error, under the 25th section of the judiciary act, 
bring tliese judgments here for revision. 

The first question to be considered is one of 
jurisdiction. It is insisted in behalf of the de- 
fendants in error that the judgment of the New 
York court of appeals is not subject to review in 
this court. 

But is it not plain that, under the act of the 
legislature of New York, the banking associa- 
tions were entitled to reimbursement by bonds 
of the taxes illegallv collected from them in 1863 
and 1864? 

No objection was made in the State court to 
the process by whicli the associations sought to 
enforce the issue of the bonds to which they as- 
serted their right. Mandamus to the officers 
charged with the execution of the State law 
seems to have been regarded on all hands as the 
appropriate remedy. 

But it was objected on the part of thoseofficers 
that the particular description of obligations, of 
the tax on which the associations claimed reim- 
bursement, were not exempt from taxation. The 
associations, on the other hand, insisted that 
these obligations were exempt under the Consti- 
tution and laws of the United States. If they 



438 



POLITICAL MANUAL. 



were so exempt, the associations were entitled to 
the relief which they sou3;ht. The judgment of 
the court of appeals denied tlie relief, upon the 
ground that certificates of indebtedness were not 
entitled to exemption. Is it not clear that in 
tiie cape before the State court a right, privilege, 
or immunity was claimed under tlie Constitution 
or a statute of the United States, and that the 
decision was against the right, privilege, or im- 
nuinity claimed, and, therefore, that the juris- 
diction of this court to review that decision is 
within the express words of the amendatory act 
of February 5, 1867? There can be but one 
answer to this question. We can find no ground 
for doubt on the point of jurisdiction. 

The general question upon tlie merits is this: 
Were the obligations of the United States known 
as certificates of indebtedness liable to State tax- 
ation? 

If this question can be afBrmativel}' answered, 
the judgments of the court of appeals must be 
atBrmed; if not, tlie)'' must be reversed. 

Evidences of the indebtedness of the United 
Slates, held by individuals or corporations, and 
sometimes called stock or stocks, but recently 
better known as bonds or obligations, have uni 
formly been held by this court not to be liable 
to taxation under Slate legislation. 

The authority to borrow money on the credit 
of the United States is, in the enumeration of the 
powers expressly granted by the Constitution, 
second in place, and only second in importance, 
to the authority to lay and collect taxes. Both 
are given as means to the exercise of the func- 
tions of Government under the Constitution, and 
both, if neither had been expressly conferred, 
would be necessarily implied from other powers; 
for no one will assert that without them the 
great powers — mentioning no others — to raise 
and support armies, to provide and maintain a 
navy, and to carry on war, could be exercised at 
all, or, if at all, with adequate efficiency. 

And no one affirms thai the power of the Gov- 
ernment to borrow, or the action of the Govern- 
ment in borrowing, ifi subject to taxation by the 
States. 

There are those, however, who assert that, 
although the States cannot tax the exercise of 
the powers of the Government, as for example in 
the conveyance of the mails, the transportation 
of troops, or the borrowing of money, they may 
tax the indebtednes.s of the Government when it 
assumes the form of obligations held by individ- 
uals, and so becomes in a certain sense jirivate 
property. 

This court, however, has constantly held other- 
wise. 

Forty years ago, in the case of Weston vs. The 
City of Charleston, this court, speaking through 
Chief Justice Marshall, said :* 

"The American people have conferred the 
power of borrowing money upon their Govern- 
ment, and by making that Government supreme 
have shiehled its action in the exercise of that 
power from the action of the local governments. 
The grant of the power is incompatible with a 
restraining or controlling power, and the declar- 
ation of supremacy is a declaration that no such 

♦2 Peters, 407. 



restraining or controlling power shall be exer- 
cised." 

And, applying these principles, the court pro- 
ceeded to say : 

"The right to tax the contract to any extent, 
when made, must operate on the power to borrow 
before it is exercised and have a sensible influ- 
ence on the contract. The extent of this influ- 
ence depends on the will of a distinct government. 
To any extent, however inconsiderable, it is a 
burden upon the operations of the Government. 
It may be carried to an extent which shall arrest 
them entirely." 

And finally: 

" A tax on Government stock is thought by 
this court to be a tax on the contract, a tax on 
the power to borrow money on the credit of the 
United States, and consequently repugnant to 
the Constitution." 

Nothing need be added to this, except that in 
no case decided since have these propositions 
been retracted or qualified. The last cases in 
which the power of the States to tax the obliga- 
tions of the Government came directly in ques- 
tion were those of the Bank of Commerce vs. The 
City of New York, in 1862,* and the Bank Tax 
Case,f in 1865, in both of which the power w.as 
denied. 

An attempt was made at the bar to establish 
a distinction between the bonds of the Govern- 
ment expressed for loans of money and the cer- 
tificates of indebtedness for which the exemption 
was claimed. The argument was ingenious, but 
failed to convince us that such a distinction can 
be maintained. It may be admitted that these 
certificates were issued in payment of supplies 
and in satisfaction of demands of public credit- 
ors. But we fail to perceive either that there is 
a solid distinction between certificates of indebt- 
edness issued for money borrovved and given to 
creditors and certificates of indebtedness issued 
directly to creditors in payment of theirdemands; 
or that such certificates, issued as a means of exe- 
cuting constitutional powers of the Government, 
other than of borrowing money, are not as much 
beyond control and limitation by tlie States 
through taxation as bonds or other obligations 
issued for loans of mone}'. 

The principle of exemjition is, that the States 
cannot control the national Government within 
the sphere of its constitutional power , for there 
it is supreme; and cannot tax its obligations for 
payment of money issued for purposes witliiu 
that range of powers, because such taxation ne- 
cessarily implies the as.sertion of the right to 
exercise such control. 

The certificates of indebtedness in the case be- 
fore us are completely within the protection of 
this principle. For the public history of the 
country and lie acts of Congress show that they 
were issued to creditors for supplies necessary to 
the Government in carrying on the recent war 
for the integrity of the Union and the y>reserva- 
tion of our republican institutions. They were 
received instead of money at a time when full 
money payment for supplies was impossible, and, 
according to the principles of tlie cases to which 
'we have referred, are as much beyond the taxing 



* 2 Black., C28. 



t 2 Wall., 200. 



JUDICIAL DECISIONS, ETC. 



439 



In error to the 
court of ap- 
peals of the 
State of New 
York. 



power of the States as the operations themselves 
in furiherance of which they were issued. 

It results that the several judgments of the 
court of appeals must be reversed. 

On State Taxation of United States Notes. 

No. 247.— Decembee Term, 1868. 

The People of the State of New York, 
a: rel. the Bank of New York, plain- 
titfs in error, 

vs. 
The Board of Supervisors of the Coun- 
ty of New York. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 

This case differs from those just disposed of in 
two particulars: (1) That the board of super- 
visors, which in the other cases allowed and 
audited the claims of the banking associations, 
refused to allow the claim made in this case; 
and (2) that the exemption from State taxation 
claimed in this case was of United States notes, 
while in the other cases it was of certificates of 
indebtedness. 

The mandamus in the State court was there- 
fore directed, in the case now before us, to the 
board of supervisors, instead of the officers au- 
thorized to issue bonds, as in the cases already 
decided. 

The j udgment of the court of appeals sustained 
the action of the board, and the case is brought 
here by writ of error to that court. 

The general question requiring consideration 
is, whether United States notes come under 
another rule in respect of taxation than that 
which applies to certificates of indebtedness 

The issues of United States notes were author- 
ized by three successive acts. The first was the 
act of February 25, 1862;* the second the act 
of July 11, 1862 ;f and the third that of March 
3, 1863. t 

Before either of these acts received the sanc- 
tion of Congress the Secretary of the Treasury 
had been authorized by the act of July 17, 1861,^ 
to issue treasury notes not bearing interest, but 
payable on demand by the assistant treasurers 
at New York, Philadelphia, or Boston; and 
about three weeks later these notes, by the act 
of August 5, 1861, II had been made receivable 
generally for public dues. The amount of notes 
to be issued of this description was originally 
limited to fifty millions, but was afterwards, by 
the act of February 12, 1862,^ increased to sixty 
millions. 

These notes, made payable on demand and 
receivable for all public dues, including duties 
on imports always payable in coin, were prac- 
tically equivalent to coin ; and all public dis- 
bursements, until after the date of the act last 
mentioned, were made in coin or these notes. 

In December, 18d1, the State banks (and no 
others then existed) .'suspended payment in coin ; 
and il became necessary to provide by law for 
the use of State bank notes, or to authorize the 
issue of notes for circulation under the authority 
hi the national Government. The latter alter- 
native was preferred, and in the necessity thus 
recognized originated the legislation providing 



*12 U.S. Stat., 3-15. f 12 U.S. Stat, 532. J12 U. S.Stat., 
709. ? 12 U. S. Stat., 259, 2 6. i 12 U. S. Stat., 313, J 5. H 12 
U. S. Stat., 338. 



at first for tlie emission of United States notes, 
and at a later period for the issue of the national 
bank currency. 

Under the exigencies of the times it seems to 
have been thought inexpedient to attempt any 
provision for the redemption of the United States 
notes in coin. The law, therefore, directed that 
they should be made payable to bearer at the 
treasury of the United States, but did not pro- 
vide for payment on demand. The period of 
payment was left to be determined by the public 
exigencies. In the meantime the notes were 
receivable in payment of all loans, and were, 
until after the close of our civil war, always 
practically convertible into bonds of the funded 
debt, bearing not less than five per cent, interest, 
payable in coin. 

The act of February 25, 1862, provided for 
the issue of these notes to the aniount of 
1150,000,000. The act of July 11, 1862, added 
another $150,000,000 to the circulation, reserv- 
ing, however, $50,000,000 for the redemption 
of temporary loan, to be issued and used only 
when necessary for that purpose. Under the 
act of March 3 1863, another issue of $150,- 
000,000 was authorized, making the whole 
amount authorize'.; $450,000,000, and contem- 
plating a permanent circulation, until resump- 
tion of payment in coin, of $400,000,000. 

It is unnecessary here to go further into the 
history of these notes, or to examine their rela- 
tion to the national hank currency. Tliat his- 
tory belongs to another place, and the quality 
of these notes, as legal tenders, belongs to 
another discussion. It has been thought proper 
only to advert to the legislation by which these 
notes were authorized in order that their true 
character may be clearly perceived. 

That these notes were issued under the au- 
thority of the United States, and as a means to 
ends entirely within the constitutional power of 
the Government, was not seriously questioned 
upon the argument. 

But it was insisted that they were issued as 
money; that their controlling quality was that 
of money; and that therefore they were subject 
to taxation in the same manner and to the same 
extent as coin issued under like authority. 

And there is certainly much force in the argu- 
ment. It is clear that these notes were intended, 
to circulate as money, and, with the national 
bank notes, to constitute the credit currency of 
the country. 

Nor is it easy to see that taxation of these 
notes, used as money and held by individual 
owners, can control or embarrass the power of 
the Government in issuing them for circulation 
more than like taxation embarrasses its power 
in coining and issuing gold and silver money for 
circulatiou. 

Apart from the quality of legal tender im- 
pressed upon them by acts of Congress, of which 
we now say nothing, their circulation as cur- 
rency depends on the extent to which they are 
received in payment, on the quantity in circula- 
tion, and on the credit given to the promises they 
bear. In these respects they resemble the bank 
notes formerly issued as currency. 

But, on the other hand, it is equally clear that 
these notes are obligations of the United States. 



440 



POLITICAL MANUAL. 



Their name imports obligation. Every one of 
them expresses ujion its face an engagement of 
the nation to pay to the bearer a certain sum. 
The dollar note is an engagement to pay a dol- 
lar, and the dollar intended is the coined dollar 
of the United Slates — a certain quantity in 
■weight and fineness of gold or silver, authenti- 
cated as such b}' the stamp of the Government. 
No other dollars liad before been recognized by 
the legislation of the national Government as 
lawful money 

Would, then, their usefulness and value as 
means to the exercise of the functions of govern- 
ment be injuriously affected by State taxation? 

It cannot be said, as we have already inti- 
mated, that the same inconveniences as would 
arise from the taxation of ' bonds and other 
interest-bearing obligations of the Government 
would attend the taxation of notes issued for cir 
culation as money. But we cannot say that no 
embarrassment would arise from such taxation. 
And we think it clearly within the discretion of 
Congress to determine whether, in view of all 
the circumstances attending the issue of the 
notes, their usefulness as a means of carrying on 
the Government would be enhanced by ex mp- 
tion from taxation; and within the constitu- 
tional power of Congress, having resolved the 
question of usefulness affirmatively, to provide 
by law for such exemption. 

There remains, then, only this question : Has 
Congress exercised the power of exemption? 

A careful examination of the acts under which 
they were issued has left no doubt in our minds 
upon that point. 

The act of February, 1862,* declares that " all 
United States bonds and other securities of the 
United States held by individuals, associations, 
or corporations, within the United States, shall 
be exempt from taxation by or under State 
authority." 

We have already said that these notes are obli- 
gations. They bind the national faith. They 
are, therefore, strictly securities. They secure 
the payment stipulated to the holders by the 
pledge of the national faith, the only ultimate 
security of all national obligations, whatever 
form they may assume. 

And this provision is re-enacted in application 
to the second issue of United States notes by ihe 
act of July 11, 1863.t 

And, as if to remove every possible doubt from 
the intention of Congress, the act of March 3, 
1S63,J which provides for the last issue of these 
notes, omits in its exemption clause the word 
"stocks," and substitutes for '•other securities" 
the words, "Treasury notes or United States 
notes issued under the provisions of this act." 

It was insisted at the bar tliat a measure of 
exemption in respect to the notes issued under 
this, different from that provided in the former 
acts in respect to the notes authorized by them, 
was intended. But we cannot yield our assent 
to this view. The rule established in the last 
act is in no respect inconsistent with tliat pre- 
viously established. It must be regarded, tiiere- 
fore, as explanatory. It makes specific what was 
before expressed in general terms. 



♦ 12 U. S. Stat., 340, 'i2. 1 12 U. S. Stat., 54C. 1 12 Stat., 
709. 



Our conclusion is, that United States notes are 
exempt, and, at the time the New York statutes 
were enacted, were exempt from taxation by or 
under State authority. The judgment of the 
court of appeals must therefore be reversed. 

Clause making United States Notes a Legal Ten- 
der for Debts lias no reference to State Taxes. 

No. 5.— December Teem, 1868. 
The County of Lane, prff in error,") In error to the su- 
vs. > preme court of the 

The State of Oregon. J State of Oregon. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 

The State of Oregon, in April, 1865, filed a 
complaint against the county of Lane, in the 
circuit court of the State for that county, to 
recover $5,460 96 in gold and silver coin, which 
sum was alleged to have become due as State 
revenue from the county to the State on the 1st 
Monday of February, 1864. 

To this complaint an answer was put in by the 
county, alleging a tender of the amount claimed 
by the State, made on the 23d day of January, 
1864, to the State treasurer, at his office, in 
United States notes, and averring that the law- 
ful money so tendered and offered was, in truth 
and fact, part of the first moneys collected and 
paid into the county treasury after the assess- 
ment of taxes for the year 1862. 

To this answer there was a demurrer, which 
was sustained by the circuit court, and judgment 
was given that the plaintiff recover of the de- 
fendent the sum claimed in gold and silver coin, 
with costs of suit, and this judgment was affirmed 
upon writ of error by the supreme court of the 
State. 

The case is brought here by writ of error to 
that court ; and two propositions have been 
pressed upon our attention, ably and earnestly, 
in behalf of the plaintiff in error. 

Ihe first is, that the laws of Oregon did not 
require the collection in coin of the taxes in 
question, and that the treasurer of the county 
could not be required to pay to the treasurer of 
the State any other money than that in which 
the taxes were actually collected. 

The second is, that the tender of the amount 
of taxes made to the treasurer of the State by 
the treasurer of the county in United States 
notes, was warranted by the acts of Congress 
authorizing the issue of these notes, and that 
the law of the State, if it required collection 
and payment in coin, was repugnant to these 
acts, and therefore void. 

The first of these propositions will be first 
considered. 

The answer avers substantially that the money 
tendered was part of the first moneys collected 
in Lane county after the assessment of 1863, and 
the demurrer admits the truth of the answer. 

The fact therefore may betaken as established, 
that the taxes for that year in Lane county were 
collected in United States notes. 

But was this in conformity with the laws of 
Oregon ? 

In this court the construction given bj'' the 
State courts to the laws of a State relating to local 
affairs is uniformily received as the true con- 
struction, and the question first stated must have 



JUDICIAL DECISIONS, ETC. 



441 



been passed upon, in reaching a conclusion upon 
the deinurrur, both by the circuit court for the 
county and by the supreme court of the State. 
Both courts must have held that the statutes of 
Oregon, either directly or by clear implication, 
required the collection of taxes in gold and silver 
coin. 

Nor do we perceive anything strained or un- 
reasonable in this construction. The laws of 
Oregon, as quoted in the brief for the State, pro- 
vided that " the sheriff shall pay over to the 
county treasurer the full amount of the State and 
school taxes in gold and silver coin;"* and that 
" the several county treasurers shall pay over to 
the State treasurer the Stale tax in gold and 
silver coin."f 

It is certainly a legitimate if not a necessary 
inference that these taxes were required to be 
collected in coin. Nothingshortof express words 
would warrant us in saying that the laws au- 
thorized collection in one description of money 
from the people and required payment over of 
the same taxes into the county and State treas- 
uries in another. 

If, in our judgment, however, this point were 
otherwise, we should still be bound by the sound- 
est principles of judicial administration and by a 
long train of decisions in this court to regard 
the judgment of the supreme court of Oregon, so 
far as it depends on the right construction of the 
statutes of that State, as tree from error. 

Thesecond proposition remains to beexamined, 
and this inquiry brings us to the consideration 
of the acts of Congress authorizing the issue of 
the notes in which the tender was made. 

The first of these was the act of February 25, 
1862, which authorized the Secretary of the 
Treasurj' to issue, on the credit of the United 
States, ?150,000.000 in United States notes, and 
provided that these notes "shall be receivable 
in payment of all taxes, internal duties, excises, 
debts, and demands due to the United States, ex- 
cept duties on imports, and of all claims and 
demands against the United States of every kind 
whatsoever, except interest on bonds and notes, 
which shall be jjaid in coin; and shall also be 
lawful money and legal tender in payment of 
all debts, public and private, within the United 
States, except duties on imports and interest as 
aforesaid." 

The second act contains a provision nearly in 
the same words with that just recited, and under 
these two acts two-thirds of the entire issue was 
authorized It is unnecessary, therefore, to refer 
to the third act, by which the notes to be issued 
under it are not in terms made receivable and 
payable, but are simply declared to be lawful 
money and a legal tender. 

In the first act no eniission was authorized of 
any notes under five dollars, nor in the other 
two of any under one dollar. The notes, au- 
thorized by difl'erent statutes, for parts of a dol- 
lar, were never declared to be lawful money or 
a legal tender. J 

It is obvious, therefore, that a legal tender in 
United States notes of the precise amount of 
taxes admitted to be due to the State could not 

♦Statutes of Oregon, 438, 232. flWd., 441, 246. ±12 U. 
S. Stat., 592; Ibid., 711. 



be made. Coin was then and is now the only 
legal tender for debts less than one dollar. 

In the view which we take of this case this 
is not important. It is mentioned only to show 
that the general words "all debts" were not 
intended to be taken in a sense absolutely 
literal. 

We proceed then to inquire whether, upon a 
sound construction of the acts, taxes imposed by 
a State government upon tiie people of a State 
are debts within their true meaning. 

In examining tliis question it will be proper 
to give some attention to the constitution of the 
States and to their relations as United States. 

The people of the United States constitute one 
nation, under one government; and this govern- 
ment, within the scope of the powers with which 
it is invested, is supreme. On the other hand, 
the people of each State compose a State, having 
its own government, and endowed with all the 
functions essential to separate and independent 
existence. The States disunited might continue 
to exist. Without the States in union there 
could be no such political body as the United 
States. 

Both the States and the United States existed 
before the Constitution. The people, through 
that instrument, established amore perfect union, 
by substituting a national Government, acting, 
with ample power, directly upon the citizens, 
instead of the confederate government which 
acted with powers, greatly restricted, only upon 
the States. But in many articles of the Consti- 
tution the necessary existence of the States, and, 
within their jiroper spheres, the independent 
authority of the States, is distinctly recognized. 
To them nearly the whole charge ot interior reg- 
ulation IS committed or left ; to tliem and to the 
people all powers not expressly delegated to the 
national Government are reserved. The general 
condition was well stated by Air. Madison, in the 
Federalist, thus: "The federal and State gov- 
ernments are in fact but different agents and 
trustees of the people, constituted with different 
powers and designated for different purposes." 

Now, to the existence of the States, themselves 
necessary to the existence of the United States, 
the power of taxation is indispensable. It is an 
essential function of government. 

It was exercised by the colonies; and when 
the colonies became States, both before and after 
the formation of the confederation, it was exer- 
cised by the new governments. 

Under the articles of confederation the Gov- 
ernment of the United States was limited in the 
exercise of this power to requisitions upon the 
States, wiiile the whole power of direct and indi- 
rect taxation of persons and property, whether 
by taxes on polls, or duties on imports, or duties 
on internal production, manufacture, or use, was 
acknowledged to belong exclusively to the States, 
without any other limitation than that of non- 
interference with certain treaties made by Con- 
gress. 

The Constitution, it is true, greatly changed 
thih condition of things. It gave the power to 
tax, both directly and indirectly, to the national 
Government, and, subject to the one prohibition 
of any tax upon exports and to the conditions of 
uniformity in respect to indirect and of proper- 



442 



POLITIC^iL MANUAL. 



tioa iu respect to liirect taxes, the power was 
givea v/ithout any express reservation. 

On the other hand, no power to tax exports, 
or imports except lor a single purpose and to an 
insignificant extent, or to lay any duty on ton- 
nage, was permuted to the tStaies. In respect, 
however, lo property, business, and persons 
within their respective limits, their power of 
taxation iemained and reiaaiiis entire. It is 
indeed a concurrent power, and in the case of a 
tax on the same subject by both Governments, 
the claim of the United States, as the supreme 
authority, must be preferred; but with this 
qualification it is absolute. 

The extent to which it shall be exercised, the 
subjects upon which it shall be exercised, and 
the mode in which \l shall be exercised are all 
equally within the discretion of the legislatures 
to which the States commit the exercise of the 
power. That discretion is restrained only by 
the will of the people expressed in the State 
constitutions or through elections, and by the 
condition that it must not be so usf;d as to bur- 
den or embarrass the operations of the national 
Government. 

There is nothing in the Constitution which 
contemplates or authorizes any direct abridge- 
ment ot this power by national legislation. To 
the extent just indicated it is as complete in the 
States as the like power, witliin the limits of the 
Constitution, is complete in Congress. 

If, therefore, the condition of any State, in 
the judgment of its legislature, requires the 
collection of taxes in kind, that is to say, by the 
delivery to the proper officers of a certain pro- 
portion cf [iroducts, or in gold and silver bullion, 
or in gold and silver coin, it is not ea.sy to see 
upon what principle the national legislature 
can interfere with the exercise, to that end, of 
this power, original in the States, and never as 
yet surrendered. 

If this be so, it is certainly a reasonable con- 
clusion that Congress did not intend, by the 
general terms of the currency acts, to restrain 
the exercise of this power in the manner shown 
by the statutes of Oregon. 

Other considerations strengthen this conclu- 
sion. It cannot escape observation that the pro- 
vision intended to give currency to the United 
States notes in the two acts of 1862 consists 
of two quite distinguishable clauses. The first 
of these clauses makes tliose notes receivable in 
payment of all dues to the United States, and 
payable in satisfaction of all demands against 
the United States, with sjiecified exceptions ; the 
second makes them lawful money, and a legal 
tender in payment of debts, public and private, 
within the United States, with the same excep- 
tions. 

It seems quite probable that the first clause 
only was in the original bill, and that the second 
was afterwards introduced during its progress 
into an act. 

However this may be, the fact that both clauses 
were made part of the act of February, and were 
retained in the act of July, 1862, indicates clearly 
enougli the intention of Congress that both shall 
be construed together. Now, in the first clause, 
taxes are plainly distinguished, in enumeration, 
boia debts; and it is uot aa uoreasoaable infer- 



ence that the word debts in the other clause was 
not intended to include taxes. 

It must be observed that the first clause, which 
may be called the receivability and payability 
clause, imposes no restriction whatever upon the 
States in the collection of taxes. It makes the 
notes receivable for national taxes, but does not 
make them receivable for State taxes. On the 
contrary, the express reference to receivability 
by the national Government, and the omission 
of all reference to receivability by the State gov- 
ernments, excludes tiie li3'pothesis of an intention 
on the part of Congress to compel the States to 
receive them as revenue. 

And it must also be observed that any con- 
struction of the second, or, as it may well enough 
be called, legal-tender clause, that includes dues 
for taxes under the words debts, public and pri- 
vate, must deprive the first clause of all effect 
whatever. For if those words, rightly appre- 
hended, include State taxes, they certainly in- 
clude national taxes also; and if they include 
national taxes, the clause making them receiv- 
able for such taxes was wholly unnecessary and 
superfluous. 

It is also proper to be observed that a techni- 
cal construction of the words in question might 
defeat the main purpose of the act, which doubt- 
less was to provide a currency in which the re- 
ceipts and payments incident to the exigencies 
of the then existing civil war might be made. 

In his work on the Constitution, the late Mr. 
Justice Story, whose praise as a jurist is in all 
civilized lands, speaking cf the clause in the 
Constitution giving to Congress the power to lay 
and collect taxes, says of the theory which would 
limit the power to the object of paying the debts, 
that, thus limited, it would be only a power to 
provide for the payment of debts then existing.* 
And certainly, if a narrow and limited interpre- 
tation would thus restrict the word debts in the 
Constitution, the same sort of interpretation 
would in like manner restrict the same word in 
the act. 

Such an interpretation needs only to be men- 
tioned to be rejected. We refer to it only to 
show that a right construction must be sought 
through larger and less technical views. 

We may, then, safely decline either to limit 
the word debts to existing dues, or to extend its 
meaning so as to embrace all dues of whatever 
origin and description. 

What then is its true sense? The most obvious, 
and, as it seems to us, the most rational answer 
to this question is, that Congress must have had 
in contemplation debts originating in contract 
or demands carried into judgment, and only 
debts of this character. This is the commonest 
and most natural use of the word. Some strain 
is felt upon the understanding when an attempt 
is made to extend it so as to include taxes im- 
posed by legislative authority, and there should 
be no such straih in the interpretation of a law 
like this. 

We are the more ready to adopt this view, 
because the greatest of English elementary 
writers upon law, when treating of debts in 
their various descriptions, gives no hint that 



♦1 Story OE Cons., 033, §921. 



JUDICIAL DECISIONS, ETC. 



443 



taxes come within either :* while American 
State courts of the highest authority have re- 
fused to treat liabilities for taxes as debts, in the 
ordinary sense of that word, for which actions 
of debt may be maintained. 

The first of these cases was that of Pierce vs. 
The City of Boston.f 1842, in which the de- 
fendant attempted to setoff against a demand of 
the plainlifl' certain taxes due to the city. The 
statute allowed mutual debts to be set off, but 
the court disallowed the right to set off taxes. 
Tiiis case went, indeed, upon the construction of 
the statute of Massachusetts, and did not turn 
on the precise point before us; but the language 
of the court shows that taxes were not regarded 
as debts within the common understanding of 
the word. 

The second case was that of Shaw vs. Pickett.J 
in which the supreme court of Vermont said : 
" The assessment of taxes does not create a debt 
that can be enforced by suit, or upon which a 
promise to })ay interest can be implied. It is a 
proceeding in invituin." 

The next case was that of the City of Camden 
vs. Allen, II 1857. That was an action of debt 
brought to recover a tax by the municipality to 
which it was due. The language of the supreme 
court of New Jersey was still more explicit; 
*' A tax, in its essential characteristics," said the 
court, " is not a debt, nor in the nature of a debt. 
A tax is an impost levied by authority of gov- 
ernment upon its citizens or subjects for the 
support of the State. It is not founded on con- 
tract or agreement. It operates in i7ivitum. A 
debt is a sum of money due by certain and ex- 
press agreement. It originates in and is founded 
upon contracts express or implied." 

Ttiese decisions were all made before the acts 
of 1862 were passed, and they may have had 
Bome influence upon the choice of the words 
used. 

Be this as it may, we all think that the inter- 
pretation which they sanction is well warranted. 

We cannot attribute to the legislature an in- 
tent to include taxes under the term debts without 
something more than appears in the acts to show 
that intention. 

The supreme court of California, in 1862, had 
the construction of these acts under consideration 
in the case of Perry vs. Washburn. § The decis- 
ions which we have cited were referred to by 
Chief Justice Field, now holding a seat on this 
bench, and the very question we are now con- 
sidering, " What did Congress intend by the act?" 
was answered in these words : " Upon this ques- 
tion we are clear, that it only intended by the 
terms debts, public and private, such obligations 
for the payment of money as are founded upon 
contract." 

In whatever light, therefore, we consider tliis 
question, whether in the light of the conflict be- 
tween the legislation of Congress and the taxing 
power of the States to which the interpretation 
insisted on in behalf of the county of Lane would 
give occasion, or in the liglit of tlie language 
of the acts themselves, or in the light of the de- 
cisions to which we have referred, we find our- 
selves brought to the same conclusion, that the 

* 2 Blaek. Com., 475, 476. f3 Met., 520. J 26 Vt., 486. 
1 2 Dutch., 308. 2 20 California, 350. 



clause making the United States notes a legal 
tender for debts has no reference to taxes impoeed 
by State authority, but relates only to debts, in 
the ordinary sense of the word, arising out of 
simple contracts or contracts by specialty, which 
include judgments and recognizances.* 

Whether the word debts, as used in the act, 
includes obligations expressly made payable, or 
adjudged to be paid in coin, has been argued in 
another case. We express at present no opinion 
on that question. 

The judgment of the supreme court of Oregon 
must be affirmed. 

Express Contracts to Fay Coined Dollars can only 
ba satisfied by the Payment of Coined Dollars. 

No. 89. — December Term, 1868. 

Frederick Bronson, executor of the"! In error to the 

last will and testament of Arthur court of ap- 

Bronson, deceased, plaintiff in error, y peals of the 

vs. State of New 

Peter Rodes. J York. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 

This case comes before us upon a writ of error 
to the supreme court of New York. 

The facts shown by the record may be briefly 
stated. 

In December, 1851, one Christian Metz, hav- 
ing borrowed of Frederick Bronson, executor of 
Arthur Bronson, $1,400, executed his bond for 
the repayment to IBronson of the principal sum 
borrowed on the 18th day of January, 1857, in 
gold and silver coin, lawful money of the United 
States, with interest also in coin until such re- 
payment, at the yearly rate of seven per cent. 

To secure these payments, according to the 
bond, at such place as Bronson might appoint, 
or, in default of such appointment, at the Mer- 
chants' Bank of New York, Metz executed a 
mortgage upon certain real property, which was 
afterwards conveyed to Piodes, who assumed to 
pay the mortgage debt, and did, in fact, pay the 
interest until and including the 1st day of Jan- 
uary, 1864. 

Subsequently, in January, 1865, there having 
been no demand of payment nor any appoint- 
ment of a place of payment by Bronson, Rodes 
tendered to him United States notes to the 
amount of $1,507, a sum nominally equal to the 
principal and interest due upon the bond and 
mortgage. 

At that time one dollar in coin was equivalent 
in market value to two dollars and a quarter in 
United States notes. 

This tender was refused, whereupon Rodes 
deposited the United States notes in the Mer- 
chants' Bank to the credit of Bronson, and filed 
his bill in equity praying that the mortgaged 
premises might be relieved from the lien of the 
mortgage, and tliat Bronson might be compelled 
to execute and deliver to him an acknowle<Jg- 
ment of the full satisfaction and discharge of 
the mortgage debt. 

The bill was dismissed by the supreme court 
sitting in Erie county ; but, on appeal to the 
supreme court in general term, the decree of dis- 
missal was reversed, and a decree was entered 
adjudging that the mortgage had been satisfied 



•1 Parsons on Contracts, 7. 



444 



POLITICAL MANUAL. 



by the tender, and directing Bronson to satisfy 
the same of record ; and this decree was afBrmed 
by the court of appeals. 

The question which we have to consider, 
therefore, is this : 

Was Bronson bound by law to accept from 
Rodes United States notes equal in nominal 
amount to the sum due him as full performance 
and satisfaction of a contract which stipulated 
for the payment of that sum in gold and silver 
coin, lawful money of the United States? 

It is not pretended that any real payment and 
satisfaction of an obligation to pay fifteen hun- 
dred and seven coined dollars can be made by 
the tender of paper money worth in the market 
only six hundred and seventy coined dollars. 
The question is, does tlip law compel the accept- 
ance of such a tender for such a debt? 

It is the appropriate function of courts of 
justice to enforce contracts according to the law- 
ful intent and understanding of the parties. 

We must, therefore, inquire what was the in- 
tent and understanding of Frederick Bronson 
and Christian Metz when they entered into the 
contract under consideration in December, 1851. 

And this inquiry will be assisted by reference 
to the circumstances under which the contract 
was made. 

Bronson was an executor, charged as a trustee 
with the administration of an estate. Metz was 
a borrower from the estate. It was the clear 
duty of the former to take security for the full 
repayment of the money loaned to the latter. 

The currency of the coustry at the time 
consisted mainly of the circulating notes of 
State banks, convertible, under the laws of the 
States, into coin, on demand. This convertibil- 
ity, though far from perfect, together with the 
acts of Congress which required the use of coin 
for all receipts and disbursements of the national 
Government, insured the presence of some coin 
in the general circulation ; but the business of the 
people was transacted almost entirely through 
the medium of bank notes. The State banks 
had recently emerged from a condition of great 
depreciation and discredit, the effects of which 
were still widel)' felt, and the recurrence of a like 
condition was not unreasonabl}^ ai)prehended by 
many. This ap[irehension was, in fact, realized 
by the general sus[iension of coin jiayments, 
which took place in 1857, shortly after the bond 
of Metz became due. 

It is not to be doubted, then, that it was to 
guard against the possibility of los^s to the estate, 
through an attempt to force the acceptance of a 
fluctuating and perhaps irredemable currency in 
payment, that the express stipulation for pay- 
ment in gold and silver coin was put into the 
bond. Tiiere was no necessity in law for such a 
stipulation, for at that time no nionej', except of 
gold or silver, had been made a legal tender. 
The bond, without anv stipulation to that effect, 
would iiave been legally payable only in coin. 
The terms of the contract must havo been se- 
lected, therefore, to fix definitely the contract 
between the parties, and to guard against any 
possible claim that payment in the ordinary 
currency ought to be accepted. 

The intent of the [larties is, therefore, clear. 
Whatever might be the forms or the fluctuations 



of the note currency, this contract was not to be 
affected by them. It was to be paid, at all 
events, in coined lawful money. 

We have just adverted to the fact that the 
legal obligation of payment in coin was perfect 
without express stipulation. It will be useful 
to consider somewhat further the precise import 
in law of the phrase "dollars payable in gold 
and silver coin, lawful money of the United 
States." 

To form a correct judgment on this point, it 
will be necessary to look into the statutes regu- 
lating coinage. It would be instructive, doubt- 
less, to review the history of coinage in the 
United States, and the succession of statutes by 
which the weight, purity, forms, and impressions 
of the gold and silver coins have been regulated; 
but it will be sufficient for our pur]>ose if we ex- 
amine three only — the acts of April 2, 1792,* of 
January 18, 18o7,t and March 3, 1S49.J 

The act of 1792 established a mint lor the pur- 
pose of a national coinage. It was the result of 
very carel'ul and thorough investigations of the 
whole subject, in which Jefferson and Hamilton 
took the greatest parts; audits general princi- 
ples have controlled all subsequent legislation. 
It provided that the gold of coinage, or standard 
gold, should consist of eleven parts fine and one 
part alloy, which alloy was to be of silver and 
copper in convenient proportions, not exceeding 
one-half silver, and that the silver of coinage 
should consist of fourteen hundred and eighty- 
five parts fine and one hundred and seventy- 
nine parts of an alloy wholly of copper. 

The same act established the dollar as the 
money unit, and required that it should contain 
four hundred and sixteen grains of standard silver. 
It provided further for the coinage of half-dol- 
lars, quarter-dollars, dimes, and half dimes, also 
of standard silver, and weighing respectively a 
half, a quarter, a tenth, and a twentieth of the 
weight of the dollar. Provision was also made 
for a gold coinage, consisting of eagles, half- 
eagles, and quarter-eagles, containing, respect- 
ively, two hundred and ninety, one hundred and 
thirty-five, and sixty-seven and a half grains of 
standard gold, and being of the value, respect- 
ively, of ten dollars, five dollars, and twoaud-a- 
half dollars. 

These coins were made a lawful tender in all 
payments, according to their respective weights 
of silver or gold; if of full weight, at their de- 
clared values, and if of less, at proportional 
values. And this regulation as to tender re- 
mained in full force until 1837. 

The rule prescribing the composition of alloy 
has never been changed ; but tiie pro[iortion of 
alloy to fine gold and silver, and the absolute 
weight of coins, have undergone some alteration, 
partly with a view to the better adjustment of 
the gold and silver circulations to each other, 
anil partly for the convenience of commerce. 

The only change of sufficient importance to 
require notice, was that made by the act of 1837.|| 
That iict directed that standard gold, and stand- 
ard silver al.^o, should thenceforth consist of nine 
parts pure and one part alloy ; that the weight 
of standard gold in the eagle should be two hun- 

* 1 U. S. Stat., 240. toU. S.Stat., 13(i. iOU. S. StatT, 
397. i 5 U. S. Stat, 137. 



JUDICIAL DECISIONS, ETC. 



445 



dred and tifty-eight grains, and in the half-eagle 
and quarter-eagle, respectively, one-lialf and 
one-quarter of that weight precisely; and that 
the weight of standard silver should be in the 
dollar lour hundred twelve and a half grains, 
and in the half-dollar, quarter-dollar, dimes, and 
half-dimes, exactly one-half, one-quarter, one- 
tenth, and one-twentieth of that weight. 

The act of 1849* authorized the coinage of gold 
double-eagles and gold dollars conformably in 
all respects to the established standards, and, 
therefore, of the weights respectively of five hun- 
dred and sixteen grains and twenty-five and 
eight-tenths of a crain. 

The methods and machinery of' coinage had 
been so improved before the act of 1837 was 
passed, that unavoidable deviations from the 
prescribed weight became almost inappreciable; 
and the most stringent regulations were enforced 
to secure the utmost attainable exactness, both 
in weight and purity of metal. 

In single coins the greatest deviation tolerated 
in the gold coins was half a grain in the double- 
eagle, eagle, or half-eagle, andaquarter of a grain 
in the quarter eagle or gold dollar ;f and in the 
silver coins, a grain and a half in the dollar and 
half-dollar, and a grain in the quarter-dollar, 
and half a grain in the dime and half- dime. J 

In 1849 the limit of deviation in weighing 
large numbers of coins on delivery by the chief 
coiner to the treasurer and by the treasurer to 
depositors was still further narrowed. 

With these and other precautions against the 
emission of any piece inferior in weight or purity 
to the prescribed standard, it was thought safe 
to make the gold and silver coins of the United 
States legal tender in all payments according to 
their nominal or declared values. This was done 
by the act of 18.37. Some regulations as to the 
tender, for small loans, of coins of less weight 
and purity have been made; but no other pro- 
vision than that made in 1837, making coined 
money a legal tender in all payments, now exists 
upon the statute-books. 

The design of all this minuteness and strict- 
ness in the regulation of coinage is easily seen. 
It indicates the intention of the legislature to 
give a sure guaranty to the people that the coins 
made current in payments contain the precise 
weight of gold or silver of the precise degree of 
purity declared by the statute. It recognizes 
the fact, accepted by all men throughout the 
world, that value is inherent in the precious 
metals; that gold and silver are in themselves 
values, and being such, and being in other re- 
spects best adapted to the purpose, are the only 
proper measures of value; that these values are 
determined by weight and purity; and that form 
and impress are simply certificates of value, 
worthy of absolute reliance only because of the 
known integrity and good faith of the Govern- 
ment which gives them. 

The propositions just stated are believed to be 
incontestible. If they are so in fact, the inquiry 
concerning the legal import of the phrase "dol- 
lars payable in gold and silver coin, lawful 
money of the United States," may be answered 
•without much difficulty. Every such dollar is a 

*9 U.S. Stat., 793. +19 U. S. Stat., 398. J 15 U. S. Stat., 
137. 



piece of gold or silver, certified to be of a certain 
weight and purity b}'' the form and impress 
given to it at the mint of the United States, and 
therefore declared to be legnl tender in payments. 
Any number of such dollars is the number of 
grains of standard gold or silver in one dollar 
multiplied by the given number. 

Payment of money is delivery by the debtor 
to the creditor of the amount due. A contract 
to pay a certain number of dollars in gold or 
silver coins is, therefore, in legal import, nothing 
else than an agreement to deliver a certain 
weight of standard gold, to be ascertained by a 
count of coins, each of which i.s cerlififd to 
contain a definite proportion of that weight. 
It is not distinguishable, as we think, in prin- 
ciple, from a contract to deliver an equal weight 
of bullion of equal fineness. It is distinguisha- 
ble, in circumstance, only by the fact that the 
suflSciency of the amount to be tendered in pay- 
ment must be ascertained, in the case of bullion, 
by assay and ihe scales, while in the case of coin 
it may be ascertained by count 

We cannot suppose that it was intended by 
the provisions of the currency acts to enforce 
satisfaction of either contract by the tender of 
depreciated currency of any description equiva- 
lent only in nominal amount to the real value 
of the bullion or of the coined dollars. Our 
conclusion, therefore, upon this part of the cnse 
is, that the bond under consideration was in le- 
gal import precisely what it was in the under- 
standing of the parties, a valid obligation, to be 
satisfied b}' a tender of actual payment according 
to its terms, and not by an offer of mere nominal 
payment. Its intent was that the debtor should 
deliver to the creditor a certain weight of gold 
and silver, of a certain fineness, ascertainable by 
count of coins made legal tender by statute, and 
this intent was lawful. 

Arguments and illustrations of much force 
and value in support of this conclusion might be 
drawn from the possible case of the repeal of the 
legal-tender laws relating to coin, and the con- 
sequent reduction of coined money to the legal 
condition of bullion, and also from the actual 
condition of partial demonetization to which 
gold and silver money was reduced by the intro- 
duction into circulation of the United States 
notes and national bank currency; but we think 
it unnecessary to pursue this branch of the dis- 
cussion further. 

Nor do we think it necessary now to examine 
the question whether the clauses of the currency 
acts making the United States notes a legal ten- 
der are warranted by the Constitution. But we 
will proceed to inquire whether, upon the as- 
sumption that those clauses are so warranted, 
and upon the further assumption that engage- 
ments' to pay coined dollars may be regarded as 
ordinary contracts to pay money rather than as 
contracts to deliver certain weights of standard 
gold, it can be maintained that a contract to 
pay coined money may be satisfied by a tender 
of United States notes. 

Is this a performance of the contract within 
the true intent of the acts? 

It must be observed that the laws for the 
coinage of gold and silver have never been re- 
pealed or modified. They remain on the statute. 



446 



POLITICAL MANUAL. 



book in full force; and the emission of gold and 
silver coins from the mint continues, the actual 
coinage during the last fiscal j^ear having ex- 
ceeded, according to the report of the director 
of the mint, $19,000,000. 

Nor liave those provisions of law which malce 
these coins a legal tender in all payments been 
repealed or modified. 

It follows that tdere were two descriptions of 
mouey in use at the lime the tender under con- 
sidoraiion was made, both authorized by law, 
and both made legal tender in payments. The 
statute denomination of both aescriptions was 
dollars; but they were essentially unlike in na- 
ture. The coined dollar was, as we have said, a 
piece of gold or silver of a prescribed degree of 
puril}', weighing a prescribed number of grains. 
The note dollar was a promise to pay a coined 
dollar ; but it was not a promise to pay on de- 
mand nor at any fixed time, nor was it, in fact, 
convertible into a coined dollar. It was impos- 
sible, in the nature of things, that these two dol- 
lars should be the actual equivalents of each 
other, nor was there anything in the currency 
acts purporting to make them such. How far 
they were, at tiiat time, from being actual 
equivalents has been already stated. 

If, tlien, no express provision to the contrary 
be found in the acts of Congress, it is a just, if 
not a necessary inference, from the fact that 
both descriptions of money were issued by the 
fame Government, that contracts to pay in either 
were equally sanctioned by law. It is, indeed, 
difficult to see how any question can be made 
on this point. Doubt concerning it can only 
spring from that confusion of ideas' which always 
attends the introduction of varying and uncer- 
tain measures of value into circulation as money. 

The several statutes relating to money and 
legal tender must be construed together. Let it 
be supposed then that the statutes providing for 
the coinage of gold and silver dollars are found 
among the statutes of the same Congress which 
enacted the laws for the tabrication and issue of 
note dollars, and that the coinage and note 
acts, respectively, make coined dollars and note 
dollars legal tender in all payments, as they 
actually do. Coined dollars are now worth 
more than note dollars; but it is not impossible 
that note dollars actually convertible into coin at 
the chief commercial centres, receivable every- 
where for all public dues, and made, moreover, 
a legal tender everywhere for all debts, may be- 
come, at some points, worth more than coined 
dollars. What reason can be assigned now for 
Baying that a contract to pay coined dollars must 
be satisfied by the tender of an equal number of 
note dollars, wiiich will not be equally valid 
then for saying that a contract to pay note dol- 
lars must be satisfied by the tender of an equal 
number of coined dollars? 

It is not easy to see how difficulties of this 
sort can be avoided except by the admission that 
Ihe tender must be according to the terms of the 
contract. 

But we are not left to gather the intent of 
these currency acts from mere comparison with 
the coinage acts. The currency acts thom.^elves 
provide for payments in coin. Duties on im- 
ports must be paid in coin, and interest on the 



public debt, in the absence of other express pro- 
visions, must also be paid in coin. And it hardly 
requires argument to prove that these positive 
requirements cannot be fulfilled if contracts be- 
tween individuals to pay coin dollars can be 
satisfied by oilers to jmy their nominal equiva- 
lent in nute dollars. The merchant who is to 
pay duties in coin must contract for tlie coin 
which he requires; the bank which receives the 
coin on deposit contracts to repay coin on de- 
mand ; the me?senger who is sent to the bank 
or the custom-house contracts to pay or deliver 
the coin according to his instructions. These are 
all contracts, either express or imjdied, to pay 
coin. Is it not jilain that duties cannot be paid 
in coin if these contracts cannot be enforced? 

An itislructive illustration may be derived 
from another provision of the same acts. It is 
expressly provided that all dues to the (lovern- 
ment, except for duties on imports, may be paid 
in United (States notes. If, then, the Govern- 
ment, needing more coin than can be collected 
from duties, contracts with some bank or indi- 
vidual for the needed amount, to be paid at a 
certain day, can this contract for coin be per- 
formed by the tender of an equal amount in 
note dollars? Assuredly it may, if the note 
dollars are a legal tender to the Government for 
all dues except duties on imports. And yet a 
construction which will support such a tender 
will defeat a very important intent of the act. 

Another illustration, not less instructive, may 
be found in the contracts of the Government 
with the depositors of bullion at the mint to pay 
them tlie ascertained value of their depo.sits in 
coin. These are demands against the Govern- 
ment other than for interest on the public debt; 
a\d the letter of the acts certainly makes United 
States notes payable for all demands against the 
Government except such interest. But can any 
such construction of the act be maintained? Can 
judicial sanction be given to the proposition that 
the Government may discharge its obligation to 
the depositors of bullion by tendering them a 
number of note dollars equal to the number of 
gold or silver dollars which it has contracted by 
law to pay? 

But we need not pursue the subject further. 
It seems to us clear beyond controversy, that the 
act must receive the reasonable construction, not 
only warranted, but required by the comparison 
of its provisions with the jirovisions of other 
acts, and with each other; and that upon such 
reasonable construction it must be held to sus- 
tain the proposition that express contracts to 
pay coined dollars can only'be satisfied by the 
payment of coined dollars. They are not " debts" 
which may be satisfied by the tender of United 
States notes. 

It follows that the tender under consideration 
was not sufficient in law, and that the decree 
directing satisfaction of the mortgage was erro- 
neous. 

Some difficulty has been felt in regard to the 
judgments proper to be entered upon contracts 
for the payment of coin. The difficulty arises 
from the supposition that damages can b(^ assess- 
ed only in one description of money. But the 
act of 1792 provides that " the money of necount 
of the United States shall be expressed in dol- 



JUDICIAL DECISIONS, ETC. 



447 



lars, climes, cent?, and mills, and that all accounts 
in the public offices, and all proceedings in the 
courts of the United States, shall be kept and had 
in conformity to these regulations." 

This regulation is part of the first coinage act, 
and doubtless has reference to the coins provided 
for by it. Cut it is a general regulation, and re- 
lates to all accounts and all judunal proceedings. 
When, therefore, two descriptions of money are 
sanctioned by law, both expressed in dollars and 
both made current in payments, it is necessary, 
in order to avoid ambiguity and prevent a fail- 
ure ot justice, to regard this regulation as appli- 
cable alike lo both. When, therefore, contracts 
made payable in coin are sued upon, judgmenis 
may be entered for coined dollars and parts of 
dollars: and when oontracts have been made 
payable in dollars generally, without specifying 
in "what description of currency payment is to 
be made, judgments may be entered generally, 
without such specification. 

We have already adopted this rule as to judg- 
ments for duties by affirming a judgment of the 
circuit court for the district of California,* in 
favor of the United States, for $1,388 10, pay- 
able in gold and silver coin, and judgments ior 
express contracts between individuals for the 
payment of coin may be entered in like manner. 

it results that the decree of the court of appeals 
of New York must be reversed, and the cause 
remanded to that court for further proceedings. 

Mr. Justice Davis, concurring in the result, 
said : 

I assent to the result which a majority of the 
court have arrived at, that an express contract 
to pay coin of the United States, made before 
the act of February 25, 1862, commonly called 
the legal-tender act, is not within the clause of 
that act which makes treasury notes a legal 
tender in payment of debts; but I think it proper 
to guard against all possibility of misapprehen- 
sion, by stating that if tijere be any reasoning in 
the opinion of the majoiity which can be appli- 
cable to an}' other class of contracts, it does not 
receive my assent. 

Mr. Justice Swayne said : 

I concur in the conclusion announced by the 
Chief Justice. 

'My opinion proceeds entirely upon the lan- 
guage of the contract and the construction of the 
statutes. 

The question of the constitutional power of 
Congress, in my judgment, does not arise in the 
case. 

Dissenting Opinion. 

Mr. Justice Miller, dissenting: 

I do not agree to the judgment of the court in 
this case, and shall, without apology, make a 
very brief statement of my reasons for believing 
that the judgment of the court of appeals of New 
York should be affirmed. The opinion just read 
correctly states that the contract in tliis case, 
made before the passage of the act or acts com- 
monly called the legal-tender acts, was an agree- 
ment to pay $1,400 "in gold and silver coin, 
lawful money of the United States." And I 
agree that it was the intention of both parties 
to this contract that it should be paid in coin. 



* Cheang-Kee vs. U. S., 3 Wall., 320. 



I go a step further than this, and agree that the 
legal effect of the contract, as the law stood whea 
it was made, was that it should be paid in coin, 
and could be paid in nothing else. This was the 
conjoint effect of the contract of the parties and 
the law under which that contract was made. 

But I do not agree that in this respect the 
contract under consideration differed, either ia 
intention of the parlies, or in its legal effect, from 
a contract to pay $1,400 without any further de- 
scription of the dollars to be paid. 

The only dollars which, by the laws then in 
force, or wbich ever had been in force since the 
adoption of the federal Constitution, could have 
been lawfully tendered in payment of any 
contract simply for dollars, were gold and sil 
ver. 

These were the "lawful money of the United 
States " mentioned in the contract, and the spe- 
cial reference to them gave no effect to that 
contract beyond what the law gave. 

The contract then did not differ, in its legal 
obligation, from any other contract payable in 
dollars. Much weight is attached in the opinion 
to the special intent of the parties in using the 
words gold and silver coin, but as I h^ive shown 
that the intent thus manifested is only what the 
law would have implied if those words had not 
been used, I cannot see their importance in dis- 
tinguishing this contract from others which omit 
these words Certainly every man who at that 
day received a note payable in dollars, expected 
and had a right to expect to be paid "in gold 
and silver coin, lawful money of the United 
States," if he chose to demand it. There was 
therefore no difference in the intention of the 
parties to such a contract, and an ordinary con- 
tract for the payment of money, so far as the 
right of the payee to exact coin is concerned. 
If I am asked why these words were used in 
this case I answer, that they were used out of 
abundant caution by some one not familiar with 
the want of power in the States to make legal- 
tender laws. It is very well known that under 
the system of State banks, which furnished al- 
most exclusively the currency in use for a great 
many yeaits prior to the issue of legal-tender 
notes by the United States, there was a differ- 
ence between the value of that currency and 
gold, even while the bank notes were promptly 
redeemed in gold. And it was doubtless to ex- 
clude any pos.sible assertion of the right to pay 
this contract in gucti bank notes that the words 
gold and silver coin were used, and not with 
any reference to a possible change in the laws 
of legal tender established by the United States, 
which liad never, during the sixty years that the 
Government had been administered under the 
present Constitution, declared anythitjg else to 
be a legal tender or lawful money but gold and 
silver coin. 

But if I correctly apprehend the scope of the 
opinion delivered by the chief justice, the effort 
to prove for this contract a special intent of pay- 
ment in gold is only for the purpose of bringing 
it within the principle there asserted, both by 
express words and by strong implication, that 
all contracts must be paid according to the in- 
tention of the parties making them. I think I 
am not mistaken in my recollection that ;t is 



448 



POLITICAL MANUAL. 



broadly stated that it is the business of courts of 
justice to enforce contracts as they are intended 
by the parties, and that the tender must be ac- 
cording to tlie intent of the contract. 

Now, if the argument used to show the intent 
of the parties to the contract is of any value in 
this connection, it is plain that such intent iiuist 
enter into, and form a controlling element in, 
the judgment of the court in construing the 
legal tender acts. 

I shall not here consume time by any attempt 
to show that the contract in this case is a debt, 
or that when Congress said tliat the notes 
it was about to issue should be received as a 
legal tender in payment for all private debts, it 
intended that which these words appropriately 
convev. To assume that Congress diil not in- 
tend (jy that act to authorize a payment by a 
medium diilering from tliat which tlie ]iarties in- 
tended by the contract is in contradiction to the 
express language of the statute, to the sense in 
which it was acted on by the people who paid 
and received those notes in discharge of con- 
tracts for incalculable millions of dollars, where 
gold dollars alone had been in contemplation of 
the parties, and to the decisions of the highest 
courts of fifteen States in the Union, being all 
that have passed upon the subject. 

As I have no doubt that it was intended by 
those acts to make tlie notes of the United States 
to which they applied a legal tender for all 
private debts then due, or which might become 
due on contracts then in existence, without re- 
gard to the intent of the parties ou that point, 
I must dissent from the judgment of the court, 
and from the opinion on which it is founded. 

The Status of the State of Texas. 

No. G (original.)— Decemeer Term, 18G8. 

The State of Texas, complainant, 
vs. 
George W. White, John Chiles, John A. Har- 
denljerg, Samuel Wolf, George W. Stew- 
art, The Branch of the Commercial Bank 
of Kentucky, We.stern F. Birch, Byron Mur- 
ray, jr., and' Shaw. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 

This is an original suit in this court, in which 
the State of Texas, claiming certain bonds of the 
United States as her property, asks an injunction 
to restrain the defendants from receiving pay- 
ment from the national Government, and to com- 
pel the surrender of the bonds to the State. 

It apfiears from the bill, answers, and proofs, 
that the United States, by act of September 9, 
1850, offered to the Stale of Texas, in compensa- 
tion for her claims connected with the settlement 
of her boundary, $10,000,000 in five-per-cent. 
bonds, each for the sum of $1,000, and that this 
offer was accepted by Texas. 

One-half of tliese bond.i were retained for cer- 
tain purposes in the national treasury, and the 
other half were delivered to the State. 

The bonds thus delivered were dated January 
1, 1851, and were all made payable to the State 
of Texas, or bearer, and redeemable after the 
Slet day of December, 18G4. 

They were received, in behalf of the State, by 
the comptroller of public accounts, under author- 



Bill in 
equity. 



ity of an act of the legislature, whicli, besides 
giving that authority, provided that no bond 
should be available in the hands of any holder 
until after endorsement by the governor of the 
State. 

After the breaking out of the rebellion, the 
insurgent legislature of Texas, on the 11th oi 
January, 1SG2, repealed the act requiring the 
endorsement of the governor,* and on the same 
day provided ibr the organization of a military 
board, composed of the governor, comptroller, 
and treasurer, and authorized a majority of tliac 
board to provide for tlie defence of the State by 
means of any bonds in the treasury, upon any 
account, to the extent of $1,000,000.1 

The defence contemplated by the act was to 
be made against the United States by war. 

Under this authority the military board en- 
tered into an agreement with George W. White 
and John Chiles, two of the defendants, for the 
sale to them of one hundred and thirty-five of 
these bonds, then in the treasury of the State, and 
seventy-six more, then deposited with Droege & 
Co., in England, in payment for which they en- 
gaged to deliver to the board a large quantity of 
cotton cards nnd medicines. This agreement was 
made on the Jl!th of January, 1865. 

On the 12th of March, 1865, White and Chiles 
received from the military board one hundred 
and thirty- five of these bonds, none of which 
were endorsed by any governor of Texas. 

Atterward, iu the course of the years 1865 and 
1866, some of the same bonds came into the pos- 
session of others Oi the defendants by purchase, 
or as security for advances of money. 

Such is a brief outline of the case. It will be 
necessary hereafter to rel'er more in detail to 
some particular circumstances of it. 

Tlie first inquiries to which our attention was 
directed by counsel arose upon the allegations of 
the answer of Chiles, (1,) that no sufiicient au- 
thority is shown for the prosecution of the suit in 
the name and on the behalf of the Slate of Texas ; 
and, (2.) that the State having severed her rela- 
tions with a majority of the Stales of the Union, 
and having by her ordinance of secession at- 
tempted to throw off her allegiance to the Con- 
stitution and Government of the United States, 
has so far changed her status as to be disabled 
from prosecuting suits in the national courts. 

Tiie first of these allegations is disproved by 
the evidence. A letter of authority, tlie authen- 
ticity of which is not disputed, has been pro- 
duced, in which J. W. Throckmorton, elected 
governor under the constitution adopted in 1866, 
and proceeding under an act of the State legis- 
lature relating to ihet^e bonds, expres.'^ly ratifies 
and confirms the action of the solicitors who filed 
the bill, and empowers them to prosecute this 
suit; aud it is further proved by the affidavit of 
Mr. Paschal, counsel tor the complainant, that 
he was duly appointed by Andrew J. Hamilton, 
while provisional governor of Texas, to represent 
the State of Texas in reference to the bonds in 
controversy, and that his appointment has been 
renewed by E. M. Pease, the actual governor. 
If Texas was a State of the Union at the time of 
these acts, and these persons, or either of them, 
were competent to represent the State, this proof 



* Acts of Texas, 1862, p. 45. f Texas Laws, p. 55. 



JUDICIAL DECISIONS, ETC. 



440 



leaves no doubt upon the question of author- 
ity. 

The other allegation presents a question of 
jurisdiction. It is not to be questioned that this 
court has original jurisdiction of suits by States 
against citizens of other States, or that the States 
entitled to invoke thisjurisdiction must be States 
of the Union. But it is equally clear that no 
such jurisdiction has been conferred upon tliis 
court of suits by any other political communities 
than such States 

If, therefore, it is true that the State of Texas 
was not at the time of filing this bill, or is not 
uow, one of the United States, we have no juris- 
diction of this suit, and it is our duty todismiss it. 

We are very sensible of the magnitude and 
importance of this question, of the interest it ex- 
cites, and of the difficulty, not to say impossi- 
bility, of 60 disposing of it as to satisfy the 
conflicting judgments of men equally enlight- 
ened, equally upright, and equally patriotic. 
But we meet it in the case, and we must de- 
termine it in the exercise of our best judgment, 
under the guidance of the Constitution alone. 

Some not unimportant aid, however, in ascer- 
taining the true sense of the Conslituiion, may 
be derived from considering what is the correct 
idea of a State, apart from any union or confed- 
eration with other States. The poverty of lan- 
guage often compels the employment of terms in 
quite different significations ; and of this hardly 
any example more signal is to be found than in 
the use of the word we are now considering. It 
would serve no useful purpose to attempt an 
enumeration of all the various senses in which 
it is used. A few only need be noticed. 

It describes sometimes a people or community 
of individuals united more or less closely in polit- 
ical relations, inliabiting temporarily or perma- 
nently the same country; often it denotes only 
the country or territorial region inhabited by 
such a community; not unfrequently it is ap- 

f)lied to the government under which the people 
ive ; at other times it represents the combined 
idea of people, territory, and government. 

It is not difficult to see that in all these senses 
the primary conception is that of a people or 
community. The people, in whatever territory 
dwelling, either temporarily or permanently, and 
whether organized under a regular government, 
or united by looser and less definite relations, 
constitute the State. 

This is undoubtedly the fundamental idea upon 
which the republican institutions of our own 
country are established. It was stated very 
clearly by an eminent judge* in one of the ear- 
liest cases adjudicated by this court, and we are 
not aware of anything in any subsequent decis- 
ion of a different tenor. 

In the Constitution the term State most fre- 
quently expresses the combined idea just noticed, 
of people, territory, and government. A State, 
in the ordinary sense of the Constitution, is a 
political sommunity of free citizens, occupying a 
territory of defined boundaries, and organized 
under a government sanctioned and limited by 
a written constitution, and established by the 
consent of the governed. It is the union of such 



States under a common constitution which forms 
the distinct and greater political unit which that 
Constitution designates as the United States, and 
makes of the people and States which compose it 
one people and one country. 

The use of the word in this sense hardly re- 
quires further remark. In the clauses which 
impose prohibitions upon the States in respect to 
the makin;:; of treaties, emitting of bills of credit, 
laying duties of tonnage, and which guaranty 
to the States representation in the House of Rep- 
resentatives and in the Senate, are found some 
instances of this use in the Constitution. Others 
will occur to every mind. 

But it is also used in its geographical sense, as 
in the clauses which require that a representa- 
tive in Congress shall be an inhabitant of the 
State in which he shall be chosen, and that the 
trial of crimes shall be held within the State 
where committed. 

And there are instances in which the principal 
sense of the word seems to be that primary one 
to which we have adverted, of a people or politi- 
cal community, as distinguished from a govern- 
ment. 

In this latter sense the word seems to be used 
in the clause which provides that the United 
States shall guaranty to every State in the 
Union a republican form of government, and 
shall protect each of them against invasion. 

In this clause a plain distinction is made be- 
tween a State and the government of a State. 

Having thus ascertained the senses in which 
the word State is employed in the Constitution, 
we will proceed to consider the proper applica- 
tion of what has been said. 

The republic of Texas was admitted into the 
Union as a State on the 27th of December, 1845. 
By this act the new State, and the people of the 
new State, were invested with all the rights, and 
became subject to all the responsibilities and du- 
ties, of the original States under the Constitution. 

From the date of admission until 1861, the 
State was represented in the Congress of the 
United States by her Senators and Representa- 
tives, and her relations as a member of the 
Union remained unimpaired. In that year, act- 
ing upon the theory that the rights of a State 
under the Constitution might be renounced, and 
her obligations thrown ofif at pleasure, Texas 
undertook to sever the bond thus formed, and to 
break up her constitutional relations with the 
United States. 

On the 1st of February* a convention, called 
without authority, but subsequently sanctioned 
by the legislature regularly elected, adopted an 
ordinance to dissolve the union between the 
State of Texas and the other States under the 
Constitution of the United States, whereby 
Texas was declared to be " a separate and sove- 
reign State," and "her people and citizens" to 
be " absolved from all allegiance to the United 
States or the Government thereof." 

It was ordered by a vote of the conventionf 
and by an act of the legislature,! that this ordi- 
nance should be submitted to the people, for ap- 
proval or disapproval, on the 23d of February, 
1861. 

*Mr. Justice Paterson, in Penhallow vs. Doane's * Paschal's Digest Laws of Texas, 78. fPaBchal's 
Admrs. 3 Dall., 93. Digest, 80. X Laws of Texas, 1859-61, p. 11. 

29 



450 



POLITICAL MAIfUAL. 



Without awaiting, however, the decision thus 
invoked, the convention, on the 4th of Febru- 
ary, adopted a resolution, designating seven del- 
egates to represent the State in the convention 
01 seceding States at Montgomery, " in order," 
as the resolution declared, " that the wishes and 
interests of the people of Texas may be con- 
sulted in reference to the constitution and pro- 
visional government that may be established by 
said convention." 

Before tlie passage of this resolution the con- 
vention had appointed a committee of public 
safety, and adopted an ordinance giving au- 
thority to that committee to take measures for 
obtaining possession of the property of the 
United Slates in Texas, and for removing the 
national troops from lier limits. The members 
of the committee, and all officers and agents ap- 
pointed or employed by it, were sworn to secrecy 
and to allegiance to the Slate.* Commissioners 
were at once appointed, with instructions to re- 
pair to the headquarters of General Twiggs, 
then representing the United States in command 
of the department, and to make the demands 
necessary for the accomplishment of the pur- 
poses of the committee. A military force was 
organized in support of these demands, and an 
arrangement was effected with the commanding 
general by which the United States troops were 
engaged to leave the State, and the forts and all 
the public property, not necessary to the removal 
of the troops, were surrendered to the commis- 
sioners. f 

These transactions took place between the 2d 
and the 18th of February, and it was under these 
circumstances that the vole upon the ratification 
or rejection of the ordinance of secession was 
taken on the 23d of February. It was ratified 
by a majority of the voters of the State. 

The convention, which had adjourned before 
the vote was taken, reassembled on the 2d of 
March, and instructed the delegates already sent 
to the congress of the seceding States to apply 
for admission into the confederation, and to give 
the adhesion of Texas to its provisional constitu- 
tion. 

It proceeded, also, to make the changes in the 
State constitution which this adhesion made 
necessary. The words "United States" were 
stricken out wherever they occurred, and the 
words "Confederate States" substituted: and 
the members of the legislature, and all officers 
of the State, were required by the new constitu- 
tion to take an oath of fidelity to the constitution 
and laws of the new confederacy. 

Before, indeed, these changes in the constitu- 
tion had been completed, the officers of the State 
had been required to appear before the commit- 
tee and take an oath of allegiance to the Confed- 
erate States. 

The governor and secretary of state, refusing 
to comply, were summarily ejected from office. 

The members of the legislature, which had also 
adjourned and reassembled on the ISlh of March, 
were more compliant. They took the oath, and 

firoceeded, on the 8th of April, to provide by 
aw for the choice of electors of president and 
vice president of the Confederate States. 

•Paschal'.s Digest, 80. f Texan Reports of the Com- 
mitteo, (Lib. of Con.,) p. 45. 



The representatives of the State in the Con- 
gress of the United States were withdrawn, and, 
as soon as the seceded States became organized 
under a constitution, Texas sent senators and 
representatives to the confederate congress. 

In all respects, so far as the object could btj 
accomplished by ordinances of the convention, 
by acts of the legislature, and by votes of the 
citizens, the relations of Texas to the Union were 
broken up, and new relations to a new govern- 
ment were established for them. 

The position thus assumed could only be main- 
tained by arms, and Texas accordingly took part 
with the other Confederate States in the war of 
the rebellion which these events made inevitable. 
During the whole of that war there was no gov- 
ernor, or judge, or any other State officer in Texas 
who recognized the national authority. Nor was 
any officer of the United States permitted to ex- 
ercise any authority whatever under the national 
Government within the limits of the State, except 
under the immediate protection of the national 
military forces. 

Did Texas in consequence of these acts cease 
to be a State ? Or, if not, did the State cease to 
be a member of the Union ? 

It is needless to discuss at length the question 
whether the right of a State to withdraw from 
the Union for any cause regarded by herself as 
sufficient is consistent with the Constitution of 
the United States. 

The Union of the States never was a purely 
artificial and arbitrary relation. It began among 
the colonies, and grew out of common origin, 
mutual sympathies, kindred principles, similar 
interests, and geographical relations. It was 
confirmed and strengthened by the necessities of 
war, and received definite form, and character, 
and sanction, from the Articles of Confederation. 
By these the Union was solemnl}^ declared to 
"be perpetual." And, when these articles were 
found to be inadequate to the exigencies of the 
country, the Constitution was ordained " to form 
a more perfect Union." It is difficult to convey 
the idea of indissoluble unit}' more clearly than 
by these words. What can be indissoluble, if a 
perpetual Union made more perfect is not? 

But the perpetuity and indissolubility of the 
Union by no means implies the loss of distinct 
and individual existence, or of the right of self- 
govprnment, by the States. Under the Articles 
of Confederation each State retained its sov- 
ereigntj', freedom, and independence, and every 
power, jurisdiction, and right, not expressly 
delegated to the United States. Under the Con- 
stitution, though the powers of the States were 
much restricted, still all powers not delegated to 
the United States, nor prohibited to the States, 
are reserved to the States respectively, or to the 
people. And we have already had occasion to 
remark at this term, that "the people of each 
State compose a State, having its own govern- 
ment, and endowed witli all the functions essen- 
tial to separate and independent existence;" 
and that "without the States in union there 
could bo no such political body as the United 
States."* Not only, therefore, can there be no 
loss of separate and independent autonomy to 

* County of Lane vs. The State of Oregon. 



JUDICIAL DECISIONS, ETC. 



451 



the States, through their union under the Con- 
stitution, but it may be not unreasonably said 
thai the preservation of tlie States and the 
maintenance of their governments are as much 
within the design and care of the Constitution 
as the preservation of the Union and the main- 
tenance of the national Government. The Con- 
stitution, in all its provisions, looks to an inde- 
structible Union, composed of indestructible 
States. 

When, therefore, Texas became one of the 
United States, she entered into an indissoluble 
relation. All the obligations of perpetual union, 
and all the guaranties of republican government 
in the Union, attached at once to the State. The 
act which consummated her admission into the 
Union was something more than a compact — it 
was the incorporation of a new member into ihe 
political body, and it was final. The union be- 
tween Texas and the other States was as com- 
plete, as perpetual, and as indissoluble as the 
union between the original States. There was 
no place for reconsideration or revocation, except 
through revolution or through consent of the 
States. 

Considered, therefore, as transactions under 
the Constitution, the ordinance of secession 
adopted by the convention and ratified by a ma- 
jority of the citizens of Texas, and all the acts 
of lier legislature intended to give effect to that 
ordinance, were absolutely null. They were 
utterly without operation in law. The obliga- 
tions of the State as a member of the Union, and 
of every citizen of the State as a citizen of the 
United States, remained perfect and unimpaired. 
It certainly follows that the State did not cease 
to be a State nor her citizens to be citizens of the 
Union. If this were otherwise, the State must 
have become foreign and her citizens foreigners; 
the war must have ceased to be a war for the 
Fuppression of rebellion, and must have become 
a war for conquest and subjugation. 

Our conclusion, therefore, is, that Texas con- 
tinued to be a State, and a State of the Union, 
notwithstanding the transactions to which we 
have referred. And this conclusion, in our 
judgment, is not in conflict with any act or 
declaration of any department of the national 
Government, but entirely in accordance with 
the whole series of such acts and declarations 
since the first outbreak of the rebellion. 

But in order to the exercise by a State of the 
right to sue in this court, there needs to be a 
State government competent to represent the 
State in its relations with the national Govern- 
ment, so far, at least, as the institution and pros- 
ecution of a suit is concerned. 

And it is by no means a logical conclusion, 
from the premises which we have endeavored to 
establish, that the governmental relations of 
Texas to the Union remained unaltered. Obli- 
gations often remain unimpaired, while relations 
are greatly changed. 'The obligations of alle- 
giance to the State and of obedience to her laws, 
sitbject to the Constitution of the United States, 
are binding upon all citizens, whether faithful 
or unfaithful to them; but the relations which 
fubsist while these obligations are performed 
are essentially different from those which arise 
when they are disregarded and set at nought. 



And the same must necessarily be true of the 
obligations and relations of States and citizens 
to the Union. No one has been bold enough to 
contend that, while Texas was controlled by a 
Government hostile to the United States, and, 
in affiliation with a hostile confederation, waging 
war upon the United States, senators chosen by 
her legislature, or representatives elected by her 
citizens, were entitled to seats in Congress ; or 
that any suit instituted in her name could be 
entertained in this court. All admit that, 
during this condition of civil war, the rights of 
the State as a member and of her people as 
citizens of the Union, were suspended. The 
Government and the citizens of the State refus- 
ing to recognize their constitutional obligations 
assumed the character of enemies and incurred 
the consequences of rebellion. 

These new relations imposed new duties upoa 
the United States. The first was that of sup- 
pressing the rebellion. The next was that of 
re-establishing the broken relations of the State 
with the Union. The first of these duties hav- 
ing been performed, the next necessarily engaged 
the attention of the national Government. 

The authority for the performance of the first 
had been found in the power to suppress insur- 
rection and carry on war: for the performance 
of the second, authority was derived from the 
obligation of the United States to guaranty to 
every State in the Union a republican form of 
government. The latter, indeed, in the case of 
a rebellion, which involves the government of a 
State, and, for the time, excludes the. national 
authority from its limits, seems to be a necessary 
complement to the former. 

Of this the case of Texas furnishes a striking 
illustration. "When the war closed there was no 
government in the State except that which had 
been organized for the purpose of waging war 
against the United States. That government 
immediately disappeared. The chief function- 
aries left the State. Many of the subordinate 
officials followed their example. Legal responsi- 
bilities were annulled or greatly impaired. It 
was inevitable that great confusion should pre- 
vail. If order was maintained, it was where 
the good sense and virtue of the citizens gave 
support to local acting magistrates, or supplied 
more directly the needful restraints. 

A great social change increased the difficulty 
of the situation. Slaves in the insurgent States, 
with certain local exceptions, had been declared 
free by the proclamation of emancipation, and 
whatever questions might be made as to the effect 
of that act under the Constitution, it was clear 
from the beginning that its practical operation, in 
connection with legislative acts of like tendency, 
must be complete enfranchisement. Wherever 
the national forces obtained control, the slaves 
became freemen. Support to the acts of Con- 
gress and the proclamation of the President con- 
cerning slaves was made a condition of amnesty* 
by President Lincoln, in December, 1863, and by 
President Johnson, in May, 1865.-|- And eman- 
cipation was confirmed, rather than ordained, in 
the insurgent States, by the amendment to the 
Constitution prohibiting slavery throughout the 



* 13 U. S. Stat., 737. 1 13 U. S. Stat. , 758 



452 



POLITICAL MANUAL. 



Uuion, wliicli was proposed by Congress in Feb- 
ruary, 1SG5, and ratified before the close of the 
following autuiTin by the requisite three-fourths 
of the States.* 

The new freemen necessarily became part of 
the people, and the people still constituted the 
State; for States, like individuals, retain their 
identity, though changed to some extent in their 
constituent elements. And it was the Stale, thus 
constituted, which was now entitled to the benefit 
of the constitutional guaranty. 

There being, then, no government in Texas, in 
constitutional relations with the Union, it be- 
came the duty of the United States to provide 
for the restoration of such a government. But 
the restoration of the government which existed 
before the rebellion, wilhjut a new election of 
officers, was obviously impossible; and before 
any such election could be properly held, it was 
necessary that the old constitution should receive 
such amendments as would conform its provisions 
to the new conditions created by emancipation, 
and afford adequate security to the people of the 
State. 

In the exercise of the power conferred by the 
guaranty clause, as in the exercise of every other 
constitutional power, a discretion in the choice 
of means is necessarily allowed. It is essential 
only that the means must be necessary and prop- 
er for carrying into execution the power confer- 
red, through the restoration of the State to its 
constitutional relations, under a republican form 
of government, and that no acts be done, and no 
authority exerted, which is either prohibited or 
unsanctioned by the Constitution. 

It is not important to review at length the 
measures which have been taken under this 
power by the executive and legislative depart- 
ments of the national Government. It is proper, 
however, to observe, that almost immediately 
after the cessation of organized hostilities, and 
while the war yet smouldered in Texas, the 
President of the United States issued his pro- 
clamation appointing a provisional governor for 
the State, and providing for the assembling of a 
convention, with a view to the re-establishment 
of a republican government, under an amended 
constitution, and to the restoration of the State 
to her proper constitutional relations. A con- 
vention was accordingly assembled, the consti- 
tution amended, elections held, and a State gov- 
ernment acknowledging its obligations to the 
Union established. 

Whether the action then taken was in all 
respects warranted by the Constitution it is not 
now necessary to determine. The power exer- 
cised by the President was suppo.«ed doubtless 
to be derived from his constitutional functions 
as commander-in-chief; and, so long as the war 
continued, it cannot be denied that he might 
institute temporary government within insur- 
gent districts occupied by the national forces, or 
take measures in any State for the restoration 
of State government faithful to the Union, em- 
ploying, however, in such efforts, only such 
means and agents as were authorized by consti- 
tutional laws. 

But the power to carry into effect the clause 

•13 U.S. Stat., 771-5. 



of guaranty is primarily a legislative power an. I 
resides in Congress. " Under the Iburth i;.ri,ic".o 
of the Constitution, it rests with Congres? to de- 
cide what government is the establishad one in 
a State. For, as the United Stales gui'.anty to 
each State a republican government, Congress 
must necessarily decide what governrjent is es- 
tablished in the State before it cji\ determine 
whether it is republican or not." 

This is the language of the late Chief Justice, 
speaking for this court, in a case from Rhode 
Island,* arising from the organization of opposing 
governments in that State. And wo think that 
the principle sanctioned by it may be applied 
with even more propriety to the case of a State 
deprived of all rightful government by revolu- 
tionary violence, though necessarily limited to 
cases where the rightful government is thus sub- 
verted or in imminent danger of being over- 
thrown by an opposing government set up by 
force within the State. 

The action of the President must, therefore, 
be considered as provisional, and in that light 
it seems to have been regarded by Congress. It 
was taken after the term of the 38th Congress 
had expired. The 39th Congress, which assem- 
bled in December, 1865, followed by the 40th 
Congress, which met in March, 1867, proceeded, 
after long deliberation, to adopt various measures 
for reorganization and restoration. These meas- 
ures were embodied in proposed amendments to 
the Constitution, and in the acts known as the 
reconstruction acts, which have been so far car- 
ried into effect, that a majority of the States 
which were engaged in the rebellion have been 
restored to their constitutional relations, under 
forms of government adjudged to be republican 
by Congress, through the admission of their 
"Senators and Representatives into the councils 
of the Union." 

Nothing in the case before us requires the 
court to pronounce judgment upon the constitu- 
tionality of any particular provision of these 
acts. 

But it is important to observe, that these acts 
themselves show that the governments which 
had been established, and had been in actual 
operation under executive direction, were recog- 
nized by Congress as provisional, as existing, 
and as capable of continuance. 

By the act of March 2, 1867,t the first of the 
series, these governments were, indeed, pro- 
nounced ill^i^al, and were subjected to military 
control, and were declared to be provisional 
only; and by the supplementary act of July 19, 
1867, the third of the series, it was further de- 
clared, that it was the true intent and meaning 
of the act of March 2 that the governments 
then existing were not legal State governments, 
and, if continued, were to be continued subject 
to the military commanders of the respective 
districts and to the paramount authority of Con- 
gress. We do not inquire here into the consti- 
tutionality of this legislation so far as it relates 
to military authority, or to the paramount au- 
thority of Congress. It suffices to say, that the 
terms of the acts necessarily imply recognition 
of actually existing governments, and that, in 

♦Luther vs. Borden, 7 How., 42. f U. S. Stat., 428. 



JUDICIAL DECISIONS, ETC. 



453 



point 01 lact, the governments thus recognized, 
in some important respects, still exist. 

What lias thus been said generally describes 
with sufficient accuracy the situation of Texas. 
A provisional governor of the State was ap- 
pointed by the President in 1865, in 1866 a 
governor was elected by the people under the 
constitution of that year, at a subsequent date 
a governor was appointed by the commander of 
the district. Each of the three exercised execu- 
tive functions, and actually represented the State 
in the executive department. 

In the case before us each has given his sanc- 
tion to tiie prosecution of the suit, and we find 
no ditSculty, without investigating the legal 
title of either to the executive office, in holding 
that the sanction thus given sufficiently war- 
ranted the action of the solicitor and counsel in 
behalf of tlie State. The necessary conclusion 
is that the suit was instituted and is prosecuted 
by competent authorit}'. 

The question of jurisdiction being thus dis- 
posed of, we proceed to the consideration of the 
merits as presented by the pleadings and the 
evidence. 

And the first question to be answered is, 
whether or not the title of the State to the bonds 
in controversy was divested by the contract of 
the military board with AVhite and Chiles? 

That the bonds were the property of the State 
of Texas on the 11th of January, 1862, when 
the act prohibiting alienation without the en- 
dorsement of the governor was repealed, admits 
of no question and is not denied. They came 
into her possession and ownership through pub- 
lic acts of the General Government and of the 
State, which gave notice to all the world of the 
transaction consummated by them. And we 
think it clear that, if a State by a public act of 
her legislature imposes restrictions upon the 
alienation of her property, every person who 
takes a transfer of such property must be held 
affected by notice of them. Alienation in dis- 
regard of such restrictions can convey no title. 
In this case, however, it is said that the re- 
striction imposed by the act of 1851 was repealed 
by the act of 1862. And this is true if the act of 
1862 can be regarded as valid. But was it valid? 
The legislature of Texas, at the time of the 
repeal, constituted one of the departments of a 
State government established in hostility to the 
Constitution of the United States. It cannot be 
regarded, therefore, in the courts of the United 
States, as a lawful legislature, or its acts as law- 
ful acts. And, yet it is a historical fact that the 
government of Texas, then in full control of the 
State, was its only actual government; and, cer- 
tainlv, if Texas had been a separate State, and 
not one of the United States, the new govern- 
ment, having displaced the regular authority, 
and having established itself in the customary 
seats of power, and in the exercise of the ordi- 
nary functions of administration, would have 
constituted, in the strictest sense of the words, a 
de facto government, and its acts, during the 
period of its existence as such, would be effectual, 
and in almost all respects valid. And to some 
extent this is true of the actml government of 
Texas, though unlawful and revolutionary as to 
the United States. 



It is not necessary to attempt any exact de- 
finitions within which the acts of such a State 
government must be treated as valid or invalid. 
It may be said, perhaps with sufficient accuracy, 
that acts necessary to peace and good order 
among citizens, such, for example, as acts sanc- 
tioning and protecting marriage and the do- 
mestic relations, governing the course of 
descents, regulating the conveyance and transfer 
of property, real and personal, and providing 
remedies for injuries to person and estate, and 
other similar acts, which would be valid if 
emanating from a lawful government, must be 
regarded in general as valid when proceeding 
from an actual, though unlawful government ; 
and that acts in furtherance or support of rebel- 
lion against the United States, or intended to 
defeat the just rights of citizens, and other acts 
of like nature, must, in general, be regarded as 
invalid and void. 

What, then, tried by these general tests, was 
the character of the contract of the military 
board v/ith White and Chiles? 

That board, as we have seen, was organized, 
not for the defence of the State against a foreign 
invasion, or for its protection against domestic 
violence, within the meaning of these words as 
used in the national Constitution, but for the 
purpose, under the name of defence, of levying 
war against the United States. This purpose 
was undoubtedly unlawful, for the acts which 
it contemplated are, within the express defiuition 
of the Constitution, treasonable. 

It is true that the military board was subse- 
quently reorganized. It consisted thereafter 
of the governor and two other members, ap- 
pointed and removable by him; and was, there- 
fore, entirely subordinate to executive control. 
Its general object remained without change, but 
its powers were "extended to the control of all 
public works and supplies, and to the aid of 
producing within the State, by the importa- 
tion of articles necessary and proper for such 
aid." 

And it was insisted in argument on behalf 
of some of the defendants that the contract with 
White and Chiles, being for the purchase of 
cotton cards and medicines, was not a contract 
in aid of the rebellion, but for obtaining goods 
capable of a use entirely legitimate and inno- 
cent, and therefore that payment for those 
goods by the transfer of any property of the 
State was not unlawful. We cannot adopt this 
view. Without entering at this time upon the 
inquiry whether any contract made by such a 
board can be sustained, we are obliged to say 
that the enlarged powers of the board appear to 
us to have been conferred in furtherance of its 
main purpose of war against the United Slates, 
and that the contract under consideration, even 
if made in the execution of these enlarged 
powers, was still a contract in aid of the rebel- 
lion, and therefore void. And we cannot shut 
our eyes to the evidence which proves that the 
act of repeal was intended to aid rebellion by 
facilitating the transfer of these bonds. It was 
supposed, doubtless, that negotiation of them 
would be less difficult if they bore upon their 
face no direct evidence of having come from the 
possession of any insurgent State government. 



454 



POLITICAL MANUAL. 



We can give no effect, therefore, to this repeal- 
ing act. 

It i'oUows that the title of the Slate was not 
rlivested by the act of the insurgent government 
iu entering into tliis contract. 

But It was insisted i'uillier, in behalf of tho?e 
delendants who claim certain of lliese bond.-^ by- 
purchase, or as collateral security, tiiat however 
unlawful may have been tlie means by which 
Wliiie and Chiles obtained ])Os.<ession of the 
bonds, thi'y are innocent holders without no- 
tice, and entitled to protection as such under tlie 
rules which apply to securities whii-h pass by 
delivery. These rules were fully discussed in 
Murray vs. Lardner.* We held in that case that 
the purcliase of coupon bonds, before due, with- 
out notice and in good faith, is unaffected by want 
of title in the seller, and that tlie burden of proof 
in re.=pect to notice and want of good faith is on 
the claimant of the bonds as against the pur- 
chaser. We are entirely satisfied with this doc- 
trine. 

Does the State, then, show afiBrmatively notice 
to these defendants of want of title to the bonds 
in White and Chiles? 

It would be difficult to give a negative answer 
to this question, if there were no other proof 
than the legislative acts of Texas. But there is 
other evidence which might fairly be held to be 
sufficient proof of notice, if the rule to which we 
have adverted could be properly applied to this 
case. 

But these rules have never been applied to 
matured obligations. Purchasers of notes or 
bonds j^ast due take nothing but the actual right 
and title of tlie vendors.f 

The bonds in question were dated January 1, 
1851, and were redeemable after the 31st of De- 
cember, 1864. In strictness, it is true they were 
not pavable on the day when they became re- 
deemable; but the known usage of the United 
States to pay all bonds as soon as the riglit of 
payment accrues, except where a distinction be- 
tween redeemability and payability is made by 
law and shown on the face of the bonds, requires 
the apfdication of the rule respecting over-due 
obligations to bonds of the United States whicii 
have become redeemable, and in respect to which 
no such distinction has been made. 

Now, all the bonds in controversy had become 
redeemable before the date of the contract with 
White and Chiles; and all bonds of tlie same 
issue which have the endorsement of a governor 
of Texas made before the date of the secession 
ordinance — and there were no others endorsed 
by any governor — had been paid in coin on pre- 
sentation at the Treasury Department; while, on 
the contrary, ap[dications for the paymont of 
bonds, without the required endorsement, and 
of couponB detached from such bonds, made to 
that department, had been denied. 

As a necessary consequence, the negotiation of 
these bonds became dithcult. The)' sold much 
below the rates they would have commanded 
had the title to them been unquestioned. They 
were bought in fact, and under the circumstances 
cnuld only have been bought, upon speculation. 
The purchasers took the risk of a bad title. 



• 2 Wall., 118. + Brown vs. Davis, 37 R., 80; Goodman 
v(. Symonds, 20 How., 'MG. 



hoping, doubtless, that, througn the action of 
the national Government or of the government 
of Texas, it miglit be converted into a good one. 
And It is true that the first provisional governor 
of Texas encouraged the expectation that these 
bonds would be ultimately paid to the holders. 
But he was not authorized to make any engage- 
ment in behalf of the State, and in fact made 
none. It is true, also, that the Treasury Depart- 
ment, influenced perhaps by these representa- 
tions, departed to some extent from its original 
rule, and paid bonds held by some of the defend- 
ants without the required endorsement. But it 
is clear that tliis change in the action of the de- 
partment could not affect the rights of Texas as 
a State of the Union, having a government 
acknowledging her obligations to the national 
Constitution. 

It is impossible upon this evidence to hold the 
defendants protected by absence of notice of the 
Vvfant of title in Wliite and Chiles. As these 
persons acquired no riglit to payment of these 
bonds as against the Slate, purchasers could ac- 
quire none through them. 

On the whole case, therefore, our conclusion 
is, that the State of Texas is entitled to the relief 
sought by her bill, and a decree must be made 
accordingly. 

Dissenting Opinion. 

Mr. Justice Grier dissenting, delivered ths 
following opinion: 

I regret that I am compelled to dissent from 
the opinion of the majority of the court on all 
the points raised and decided in tliis case. 

The first question in order is the jurisdiction 
of the court to entertain this bill in behalf ol 
the State of Texas. 

The original jurisdiction of this court can be 
invoked only by one of the United States. The 
Territories have no such right conferred on them 
by the Constitution, nor have the Indian tribes 
who are under ihe protection of the military 
authorities of the Government. 

Is Texas one of these United States? Or was 
she such at the time this bill was filed, or since? 

This is to be decided as a political fact, not as 
a legal fiction. This court is bound to know and 
notice the public history of the nation. 

If I regard the truth of history for the last 
eight years, I cannot discover the State of Texas 
as one of these United States. I do not think 
it necessary to notice any of the very astute 
arguments which have been advanced by the 
learned counsel in this case, to find the definition 
of a Slate, when we have the subject treated in 
a clear and common-sense manner, and without 
any astute judicial abstractions, by Chief Justice 
Marshall, in the case of Hepburn & Dundass vs. 
Elzey. 2 Cranch, 452. As the case is short and 
clear, I hope to be excused for a full report of 
the case as stated and decided by the court. 
" The question," says Marshall, C J., "is whether 
the plaintiffs, as residents of the District of Col- 
umbia, can maintain an action in the circuit 
court of the United States for the district of 
Virginia. This depends on the act of Congres^g 
tlescribing the jurisdiction of that court. The 
act gives jurisdiction to the circuit courts m 



JUDICIAL DECISIONS, ETC. 



455 



oases between a cilizen of tlie State in which the 
suit is brought, and a citizen of another Stale. 
To saj)[iort the juris^diction in this case, it must 
appear that Columbia is a State. On the part 
of tlie pL'untiEf it has been urged that Columbia 
is a distinct political society, and is, therefore, a 
'State' according to the definition of writers on 
general law. This is true; but as the act of 
Congress obviously nses the word 'State' in 
reference to that term as used in the Constitu- 
tion, it becomes necessary to inquire whether 
Columbia is a State in the sense of that instru- 
ment. The result of that examination is a 
conviction that the members of the American 
confederacy only are the States contemplated in 
the Constitution. The House of Representatives 
is to be composed of members chosen by the 

Eeople of the several States, and each State shall 
ave at least one representative. 'The Senate 
of the United States shall be composed of two 
Benators from each State.' Each State shall ap- 
point for the election of the executive a number 
of electors equal to its whole number of senators 
and representatives. These clauses show that 
the word 'State' is used in the Constitution as 
designating a member of the Union, and excludes 
from the term the signification attaclied to it by 
writers on the law of nations." 

Now we have here a clear and well defined 
test by which we may arrive at a conclusion 
with regard to the questions of fact now to be 
decided. 

Is Texas a State, now represented by members 
chosen by the people of that State and received 
on the floor of Congre.ss? Has she two senators 
to represent her as a State in the Senate of the 
United States? Has her voice been heard in the 
late election of President? Is she not now held 
and governed as a conquered province by mili- 
tary force? The act of Congre.ss of March 28, 
1867, declares Texas to be a "rebel State," and 
provides for its government until a legal and re- 
publican State government could be legally es- 
tablished. It constituted Louisiana and Texas 
the fifth military district, and made it subject, 
not to the civil authority, but to the " military 
authorities of the United States." 

It is true that no organized rebellion now ex- 
ists there, and the courts of the United States 
now exercise jurisdiction over the people of that 
province. But this is no test of the State's being 
in the Union : Dacotah is no State, and yet tbe 
courts of the United States administer justice 
there as they do in Texas. The Indian tribes, 
who are governed by military force, cannot 
claim to be States of the Union. Wherein does 
the condition of Texas difler from theirs? 

Now, by assuming or admitting as a fact the 

6 resent status of Texas as a State not in the 
•lilon politically, I beg leave to protest against 
any uliarge of inconsistency as to judicial opin- 
ions heretofore expressed as a member of this 
court or silently assented to. I do not consider 
myself bound to express any opinion judicially 
as to the constitutional right of Texas to exer- 
cise the rights and privileges of a State of this 
Union, or the power of Congress to govern her 
as a conquered province, to subject her to mili- 
tary domination and keep her in pupilage. I 
can only submit to the fact as decided by the 



political position of the government; and I am 
not disposed to join in any essay of judicial 
subtlety to prove Texas to be a State of the 
Union, when Congress have decided that she is 
not. It is a question of fact, I repeat, and of 
fact only. Politically, Texas is not a Slate in 
this Union. Whether rightfully out of it or not 
is a question not before the court, and I am not 
called on to confute a fact with syllogisms. 

But conceding now the fact to be as judicially 
assumed by my brethren, the next question is 
whether she has a right to repudiate her con- 
tracts ? Before proceeding to answer this ques- 
tion, we must notice a fact in this case that was 
forgotten in the argument. I mean that the 
United States are no party to this suit, and re- 
fusing to pay the bonds because the money paid 
would be used to advance the interests of the 
rebellion. It is a matter of utter insignificance 
to the Government of the United States to whom 
she makes the payment of these bonds. They 
are payable to the bearer. The Government is 
not bound to inquire into the bona fides of the 
holder, nor whether the State of Texas has 
parted with the bonds wisely or foolishly. And, 
although b}' the reconstruction acts she is re- 
quired to repudiate all debts contracted for thf 
purposes of the rebellion, this does not annul all 
acts of the State government during tlie rebel- 
lion or contracts for other purposes, nor author- 
ize the State to repudiate them. 

Now, whether we assume the State of Texas 
to be judicially in the Union (though actually 
out of it) or not, it will not alter the case, 'i'he 
contest is now between the State of Texas and 
her own citizens. She seeks to annul a contract 
with rtie respondents based on the allegation 
that there was no authority in Texas competent 
to enter into an agreement during the rebellion. 
Having relied upon one judicial fiction, namely, 
that she is a state in the Union, she now relies 
upon a second one, which she wishes this cour* 
to adopt, that she was not a State at all during 
the five years that she was in rebellion. She 
now sets up the plea of insanity, and asks the 
court to treat all her acts made during the disease 
a.i void. 

We have had some very astute logic to prove 
that judicially she was not a State at all, 
although governed by her own legislature and 
executive as " a distinct political body." 

The ordinance of secession was adopted by the 
convention on the 18th February, 1861, sub- 
mitted to a vote of the people, and ratified by 
an overwhelming majority. 

I admit that this was a very ill-advised meas- 
ure. Still, it was the sovereign act of a sovereign 
State, and the verdict on the trial of this ques- 
tion "by battle," (Prize Cases, 2 Black, 673,) 
as to her right to secede, has been against her. 
But that verdict did not settle any question not 
involved in the case. It did not settle the ques- 
tion of her right to plead insanity and set aside all 
her contracts, made during the pending of the 
trial, with her own citizens, for food, clothing, or 
medicines. The same " organized political body," 
exercising the sovereign power of the State, which 
required the endorsement of these bonds by the 
governor, also passed the laws authorizing the 
disDOsal of them without such endorsement. She 



156 



POLITICAL MANUAL. 



cannot, like the chameleon, assume the color cf 
the object to which she adheres, and ask this court 
to involve itself in the contradictor}' positions 
that she is a State in the Union and was never 
out of it, and yet not a State at all for four years, 
during which she acted and claims to be " an 
organized political body," exercising all the 
powers and funclionsof an independent sovereign 
State. Whether a State de facto or dejure, she is 
estopped from denying her identity in disputes 
with her own citizens. If they have not fulfilled 
their contract, she can have her legal remedy 
for the breach of it in her own courts. 

But the case of Hardenberg differs from that 
of the other defendants. lie purchased the bonds 
in open market, bona fide, and for a full consid- 
eration. Now, it is to be observed that these 
bonds are payable to bearer, and that this court is 
appealed to as a court of equity. The argument 
to justify a decree in favor of tlie Commonwealth 
of Texas as against Hardenberg is simply this: 
these bonds, though payable to bearer, are re- 
deemable fourteen years from date. The Gov- 
ernment has exercised her privilege of paying 
the interest for a term without redeeming the 

Erincipal, which gives an additional value to the 
onds. Ergo, the bonds are dishonored. Ergo, 
the former owner has a right to resume the pos- 
session of them, and reclaim them from a bona 
fide owner by a decree of a court of equity. 

Tins is the legal argument, wlien put in the 
form of a logical sorites, by which Texas invokes 
our aid to assist her in the perpetration of this 
great wrong. 

A court of chancery is said to be a court of 
conscience; and however astute may be the ar- 
gument introduced to defend this decree, I can 
only say tliat neither my reason nor my con- 
science can give assent to it. Of course I am 
justly convicted by my brethren of an erroneous 
use of both ; but I hope I may say, without of- 
fence, that I am not convinced of it. 

Mr. Justice Swayne delivered the following 
opinion : 

I concur with my brother Grier as to the inca- 
pacity of the State of Texas, in her present con- 
dition, to maintain an original suit in this court. 
The question, in my judgment, is one in relation 
to which this court is bound by the action of the 
legislative department of the Government 

Upon the merits of the case I agree with the 
majority of my brethren. 

I am authorized to say that my brother Mil- 
ler unites witli me in these views. 

The decree in this case was, on motion of Wil- 
liam M. Evarts and J. M. Carlisle, suspended in 
Fo far as it affects the riglits of any holders or 
jiurchasers of the coupon honds who obtained 
them in open market, and a re-argument of the 
case was ordered for October next. 

The McCardle Case. 

No. 223, December Term, 1868. 

"I Appeal from the cir- 
cuit court of the 
Ex parte William II. McCardle, United States for 
appellant. " the southern di.s- 

trict of Missis- 
sippi. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 



This cause came here by appeal from the cir- 
cuit court for the southern district of Mississippi. 

A petition for the writ of habeas corpus was 
preferred in that court by the appellant, alleg- 
ing unlawful restraint by military force. 

riie writ was issued, and a return was made 
by the military commander, admitting the re- 
straint, but denying that it was unlawful. 

It appeared that the petitioner was not in the 
military service of the United States, but was 
held in custody by military authority for trial 
before a military commission upon charges 
founded upon the publication of articles alleged 
to be incendiary and libelous, in a newspaper of 
which he was editor. 

Upon the hearing the petitioner was remanded 
to the military custody; but upon his prayer an 
appeal was allowed him to this court, and, upon 
filing the usual appeal bond for costs, he was ad- 
mitted to bail upon recognizance, with sureties, 
conditioned for his future appearance in the cir- 
cuit court, to abide by and perform the final 
judgment of this court. 

A motion to dismiss this appeal was made at 
the last term, and, after argument, was denied 
A full statement of the case may be found in 
the report of this decision;* and it is unneces- 
sarj' to repeat it here. 

Subsequently the case was argued very thor- 
oughly and ably upon the merits, and was taken 
under advisement. While it was thus held, and 
before conference in regard to the decision 
proper to be made, an act was passed by Con- 
gress, •)• returned with objections by the Presi- 
dent, and re-passed by the constitutional major- 
ity, which it is insisted takes from this court 
juridiction of the appeal. 

The second section of this act was as follows : 

'' And be it further enacted, That so mucli of 
the act approved February 5, 1867, entitled an 
act to amend an act to establish the judicial 
courts of the United States, approved September 
24, 1789, as authorized an appeal from the judg- 
ment of the circuit court to the Supreme Court 
of the United States, or the exercise of any such 
jurisdiction by said Supreme Court on appeals 
which have been or may hereafter be taken, be, 
and the same is hereby, repealed." 

The attention of the court was directed to this 
statute at the last term, but counsel having ex- 
pressed a desire to be heard in argument upon 
its effect, and the Chief Justice being detained 
from his place here by his duties in the court of 
impeachment, the cause was continued under 
advisement. 

At this term we have heard argument upon 
the effect of tlie repealing act, and will now dis- 
pose of the case. 

The first question necessarily is that of juris- 
diction; for, if the act of March, 1868, takes 
away thejurisdiction defined by the act of Feb- 
ruary, 1867, it is useless, if not improper, to enter 
into any discussion of other questions. 

It is quite true, as was argued by the counsel 
for the petitioner, that the appellate jurisdiction 
of this court is not derived from acts of Congress. 
It is, strictly speaking, conferred by the Consti- 



*Ex-parte McCardle, Wall., 318. fAct March 27, 
1868, 16 U. S. Stat. 44. 



JUDICIAL DECISIONS, ETC. 



457 



tution. But it is conferred "with such excep- 
tions and under such regulations as Congress 
shall make." 

It is unnecessary to consider whether, if Con- 
gress had made no exceptions and no regulations, 
this court might not have exercised general ap- 
pellate jurisdiction under rules prescribed by 
Itself. For among the earliest acts of the 1st 
Congress, at its 1st session, was the act of Septem- 
ber 24, 1789, to establish the judicial courts of 
the United States. That act provided for the 
organization of this court, and prescribed regu- 
lations for the exercise of its jurisdiction. 

The source of that jurisdiction, and the limita- 
tions of it by the Constitution and by statute, 
have been on several occasions subjects of con- 
Bideration here. In the case of Durousseau vs. 
The United States,* particularly, the whole mat- 
ter was carefully examined, and the court held 
that, while " the appellate powers of this court 
are not given by the judicial act, but are given 
by the Constitution," they are nevertheless "lim- 
ited and regulated by that act, and by such other 
acts as have been passed on the subject." The 
court said further, that the judicial act was an 
exercise of the power given by the Constitution 
to Congress " of making exceptions to the appel- 
late jurisdiction of the Supreme Court." "They 
have described affirmatively," said the court, " its 
jurisdiction, and this affirmative description has 
been understood to imply a negation of the exer- 
cise of such appellate power as is not compre- 
hended within it." 

The principle that the affirmation of appellate 
jurisdiction implies the negation of all such ju- 
risdiction not affirmed having been thus estab- 
lished, it was an almost necessary consequence 
that acts of Congress, providing for the exercise 
of jurisdiction, should come to be spoken of as 
acts granting jurisdiction, and not as acts making 
exceptions to the constitutional grant of it. 

The exception to appellate jurisdiction in the 
case before us, however, is not an inference from 
the affirmation of other appellate jurisdiction. It 
is made in terms. The provision of the act of 
1867, affirming the appellate jurisdiction of this 
court in cases of habeas corpus, is expressly re- 
pealed. It is hardly possible to imagine a plainer 
instance of positive exception. 

We are not at liberty to inquire into the mo- 
tives of the legislature. We can only examine 
into its power under the Constitution ; and the 
power to make exceptions to the appellate juris- 
diction of this court is given by express words 

What, then, is the effect of the repealing act 
upon the case before us? We cannot doubt as 
to this. Without jurisdiction the court cannot 
proceed at all in any cause. Jurisdiction is 
power to declare the law, and when it ceases to 
exist, the only function remaining to the court is 
that of announcing the fact and dismissing the 
cause. 

And this is not less clear upon authority than 
upon principle. 

freveral cases were cited by the counsel for the 
petitioner in support of the position that juris- 
diction of this case is not affected by the repeal- 
ing act. But none of them, in our judgment, 
afi'ord any support to it. They are all cases of 



* 6 Cranch, 312; Wiscart vs. Dauchy, 3 Dall., 321. 



the exercise of judicial power by the legislature, 
or of legislative interference with courts in the 
exercising of continuing jurisdiction.* 

On the other hand, the general rule, supported 
by the best elementary writers, f is, that "when 
an act of the legislature is repealed, it must be 
considered, except as to transactions past and 
closed, as if it never existed." And the effect of 
repealing acts upon suits under acts repealed has 
been determined by the adjudications of this 
court. The subject was fully considered in Nor- 
ris vs. Crocker,! and more recently in Insurance 
Company vs. Ritchie. § In both of these cases it 
was held that no judgment could be rendered in 
a suit after the repeal of the act under which it 
was brought and prosecuted. 

It is quite clear, therefore, that this court can- 
not proceed to pronounce judgment is this case, 
for it has no longer jurisdiction of the appeal; 
and judicial duty is not le.ss fitly performed by 
declining ungranted jurisdiction than in exer- 
cising firmly that which the Constitution and 
the laws confer. 

Counsel seem to have supposed, if effect be 
given to the repealing act in question, that the 
whole appellate power of the court in cases in 
habeas corpus is denied. But this is an error. 
The act of 1863 does not except from that juris- 
diction any cases but appeals from circuit courts 
under the act of 1867. It does affect the juris- 
diction which was previously exercised. || 

The appeal of the petitioner in this caae must 
be dismissed for want of jurisdiction. 

Opinions in the Caesar Griffin Case— Virginia. 

Opinion OF Chief Justice Chase, May 10, 1869. 

Circuit court of the United States for the district of 
Virginia, in the matter of Caesar Gritfin — Petition for 
habeas corpus. 

This is an appeal from an order of discharge 
from imprisonment made by the district judge, 
acting as a judge of the circuit court, upon a writ 
of liabeas corpus, allowed upon the petition of 
Cassar Griffin. 

The petition alleged unlawful restraint of the 
petitioner, in violation of the Constitution of 
the United States, by the sheriff of Rockbridge 
county, Virginia, in virtue of a pretended judg- 
ment rendered in the. circuit court of that county 
by Hugh W. Sheffey, present and presiding therein 
as judge, though di^^abled from holding any office 
whatever by the XlVth amendment of the Con- 
stitution of the United States. 

Upon this petition a writ of habeas corpus was 
allowed and served, and the body of the peti- 
tioner, with a return showing the cause of deten- 
tion, was produced by the sheriff, in conformity 
with its command. 

The general facts of the case, as shown to the 
district judge, may be briefly stated as fol- 
lows : 

The circuit court of Rockbridge county is a 
court of record of the State of Virginia, having 
civil and criminal jurisdiction. In this court, 
the petitioner, Cassar Griffin, indicted in the 

*De Chastellux vs. Fairehild, 15 Pa., 18 ; The State 
vs. Fleming, 7 Humph., 152; Lewis vs. Webb, 3 Greene, 
326 ; Lanier vs. Gallatus, 13 La. An., 175. 

tDwarris on Statutes, 538. J 13 How., 429. g 5 Wall., 541. 
I Ex parte McCardle, 6 Wall,, 324. 



458 



POLITICAL MANUAL. 



county court for shooting, wiih intent to kill, 
was regularly tried in pursuance of his own elec- 
tion ; and, ha.viiig been convicted, was sentenced 
according to tlie finding of the jury, to imprison- 
ment for two years, and was in the custody of 
the sheriff to be conveyed to the penitentiary, in 
pursuance of this sentence. 

GrifBn is a colored man; but there was no 
allegation that the trial was not fairly conducted, 
or that an)- discrimination was made against 
him, either in indictment, trial, or sentence, on 
account of color. 

It was not claimed that the grand jury by 
which he was indicted, or the petit jur}' by which 
he was tried, was not in all respects lawful and 
competent. Nor was it alleged that Hugh W. 
Sheti'ey, the judge who presided at the trial and 
pronounced the sentence, did not conduct the 
trial with fairness and uprightness. 

One of tlie counsel for the petitioner, indeed, 
upon the liearing in this court, pronounced an 
eulogiura upon his character both as a man and 
as a magistrate, to deserve which might well be 
the honorable aspiration of any judge. 

But it was alleged and was admitted that 
Judge ShefiTey, in December, 1849, as a member 
of the Virginia house of delegates, took an oath 
to support the Constitution of the United States, 
and also that lie was a member of the legisla- 
ture of Virginia during the late rebellion in 
1862, and as sucli voted for measures to sustain 
the so-called Confederate States in their war 
against the United States; and it was claimed 
in behalf of the petitioner that he thereby be- 
came, and was at the time of tlie trial of the 
petitioner, disqualified to hold any office, civil 
or military, undsr the United States, or under 
any State; and it was specially insisted that the 
petitioner was entitled to his discharge upon the 
ground of the incapacity of ShefTey under the 
XlVth amendment to act as judge and pas5 sen- 
tence of imprisonment. 

Upon this showing and argument it was held 
by the district judge that the sentence of Cssar 
Griffin was absolutely null; that his imprison- 
ment was in violation of the Constitution of the 
United States, and an order for his discbarge 
from custody was made accordingly. 

The general question to be determined on the 
appeal from this order is whether or not the 
sentence of the circuit court of Rockbridge coun- 
ty must be regarded as a nullity, because of the 
disability to hold any office under the State of 
Virginia imposed by the XlVth amendment on 
the person who in fact presided as judge in that 
court. 

Il may be properly borne in mind that the 
disqualification did not exist at the time that 
Sheffey became judge. 

When the functionaries of the State govern- 
ment existing in Virginia at the commencement 
of the late civil war took part, together with a 
majority of the citizens of the State, in rebellion 
against tlie Government of the United States, 
they ceased to constitute a State government for 
the St ite of Virginia which could be recognized 
as such by the national Government. Their ex- 
ample of hostility to the Union, however, was not 
followed tliroughout the State. In manj' coun- 
ties the local authorities and majorities of the 



people adhered to the national Government; and 
representatives from those counties soon after as- 
sembled in convention at Wheeling, and organ- 
ized a government for the State. This govern- 
ment was recognized as the lawful governmenf 
of Virginia by the executive and legislative de- 
partments of the national Government, and this 
recognition was conclusive upon the judicial 
department. 

The government of the State thus recognized 
was, in contemplation of law, the government of 
the whole State of Virginia, though excluded, as 
the Government of the United States was itself 
excluded, from the greater portion of the terri- 
tory of the State. It was the legislature of the 
reorganized State which gave the consent of Vir- 
ginia to the formation of the State of West Vir- 
ginia. To the formation of that State the consent 
of its own legislature and of the legislature of 
the State of Virginia and of Congress was indis- 
pensable. If either had been wanting, no State 
within the limits of the old could have been 
constitutionally formed; and it is clear, that if 
the government instituted at Wheeling was not 
the government of the whole State of Virginia, no 
new State has ever been constitutionally formed 
witliin lier ancient boundaries. 

It cannot admit of question, then, that the 
government which consented to the formation 
of the State of West Virginia, remained, in all 
national relations, the government of Virgi^iia, 
although that event reduced to very narrow 
limits the territory acknowledging its jurisdic- 
tion, and not controlled by insurgent force. In- 
deed, it is well known, historically, that the State 
and the government of Virginia, thus organized, 
was recognized by the national Government. 
Senators and Representatives from the State oc- 
cupied seats in Congress, and when the insurgent 
force which held possession of the principal part 
of the territory was overcome, and the govern- 
ment recognized by the United States was trans- 
ferred from Alexandria to Richmond, it became 
in fact, what it was before in law, the govern- 
ment of the whole State. As such it was entitled, 
under the Constitution, to the same recognition 
and respect, in national relations, as the govern- 
ment of any other State. 

It was under this government that Hugh W. 
Sheffey was, on the 22d February, 1866, duly 
appointedjudgeof the circuit court of Rockbridge 
county, and he was in the regular exercise of his 
functions as such when Gnfiin was tried and 
sentenced. 

More than two years had elapsed, after the 
date of his appointment, when the ratification of 
the XlVth amendment by the requisite number 
of States was officially promulgated by the Sec- 
retary of State, on the 28th of July, 1868. 

That amendment, in its 3d section, ordains 
that " no person shall be a senator or represent- 
ative in Congress, or elector of President and 
Vice President, or hold any ofBce, civil or mili- 
tary, under the United States, or under any State, 
who, having previously taken an oath as a mem- 
ber' of Congress, or as an officer of the United 
States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, 
to support the Constitution of the United States, 
.shall have engaged in insurrection or rebellion 



JUDICIAL DECISIONS, ETC. 



459 



against the sarae, or given aid or comfort to the 
enemies thereof." 

And it is admitted tbat the office held by Judge 
Sheffey, at the time cf the trial of Griffin, was 
an office under the Stale of Virginia, and that he 
was one of the perBf^ns to whom the prohibition 
to hold office prone Tioced by the amendment ap- 
plied. 

The question io be considered, therefore, is 
whether, upon at-ound construction of the amend- 
ment, it mui:t be regarded q,s operating directly, 
without any intermediate proceeding whatever, 
upon all perscny within the category of prohibi- 
tion, and as t'opriving them at once and abso- 
lutely of all official authority and power. 

One of the counsel for the petitioner suggested 
that the amoadment must be construed with refer- 
ence to t'jti a,ct of 1867, which extends tlie writ 
of habers corpus to a large class of cases in which 
the prjvious legislation did not allow it to be 
issued. And it is proper to say a few words of 
this 8iip,gestion here. 

The judiciary act of 1789 expressly denied the 
bsneCi* of the writ of habeas corpus to pri^^oners 
not confined under or by color of the authority 
of t'ie United States. Under that act, no person 
couf.ned under State authority could have the 
benefit of the writ. Afterwards, in 1833 and 
1842, the writ was extended to certain cases, spe- 
cially described, of imprisonment under State 
process; and in 1867, uy the act to which the 
counsel referred, the writ was still further ex- 
tended " to all cases where any person may be 
restrained of liberty in violation of the Consti- 
tution, or of any treaty or law of the United 
States." 

And the learned counsel was doubtless cor- 
rect in maintaining that without the act of 1867 
there would be no remedy for habeas corpus in 
the case of the petitioner, nor, indeed, in any 
case of imprisonment in violation of the Consti- 
tution of the United States, except in the possi- 
ble case of an imprisonment not only within the 
provisions of this act, but also within the pro- 
visions of some one of the previous acts of 1789, 
1833, and 1842. 

But if, in saying that the amendment must be 
construed with reference to the act, the counsel 
meant to affirm tbat the existence of the act 
throws any light whatever upon the construc- 
tion of the amendment, the court is unable to 
perceive the force of his observation. 

It is not pretended that imprisonment for 
shooting with intent to kill is unconstitutional, 
and it will hardly be affirmed that the act of 
1867 throws any light whatever upon the ques- 
tion, whether such imprisonment in any partic- 
ular case is unconstitutional. Tlie case of un- 
constitutional imprisonment must be established 
by appropriate evidence. It cannot be inferred 
from the existence of a remedy for such a case. 
And, surely, no constructioM, otherwise unwar- 
ranted, can be put upon the amendment more 
than upon any other provision of the Constitu- 
tion, to make a case of violation out of acts 
which, otherwise, must be regarded as not only 
constitutional, but right. 

We come then to the question of construction. 
What was the intention of the people of the 
United States in adopting the XlVth amend- 



ment? What is the true scope and piurpose of 
the prohibition to hold office contained in the 
third section ? 

The proposition maintained in behalf of the 
petitioner is, that this prohibition instantly, on 
the day of its promulgation, vacated all offices 
held by persons within the category of prohibi- 
tion, and made all official acts performed by 
them since that day null and void. 

One of the counsel sought to vindicate this 
construction of the amendment upon the ground 
that the definitions of the verb " to hold," given 
by Webster, in his dictionary, are "to stop; to 
confine; to restrain from escape; to keep fast; 
to retain;" of which definitions the author says 
that " to hold rarely or never signifies the first 
act of seizing or falling on, but the act of retain- 
ing a thing when seized on or confined." 

The other counsel seemed to be embarrassed 
by the difficulties of this literal construction, 
and sought to establish a distinction between 
sentences in criminal cases and judgments and 
decrees in civil cases. He admitted, indeed, that 
the latter might be valid when made by a court 
held by a judge within the prohibitive category 
of the amendment, but insisted that the sen- 
tences of the same court in criminal cases must 
be treated as nullities. The ground of the dis- 
tinction, if we correctly apprehend the argument, 
was found in the circumstance that the act of 
1867 provided a summary redress in the latter 
class of cases ; while in the former no summary 
remedy could be had, and great inconvenience 
would arise from regarding decrees and judg- 
ments as utterly null and without effect. 

But this ground of distinction seems to the 
court unsubstantial. It rests upon the fallacy 
already commented on. The amendment makes 
no such distinction as is supposed. It does not 
deal with cases, but with persons. The prohi- 
bition is general. No person in the prohibitive 
category can liold office. It applies to all per- 
sons and to all offices, under the United States 
or any State. If upon a true construction it 
operates as a removal of a judge, and avoids all 
sentences in criminal cases pronounced by him 
after the promulgation of the amendment it 
must be held to have the effect of removing all 
judges and all officers, and annulling all their 
official acts after that date 

The literal construction, tlierefore, is the only 
one upon which the order of the learned district 
judge, discharging the prisoner, can be sustained, 
and was, indeed, as appears from his certificate, 
the construction upon which the order was made. 
He says expressly, " the '-ight of the petitioner to 
his discharge appeared tc, me to rest solely on the 
incapacity of the said Hugh W. Sheffey to act, 
(that is, as judge,) and so to sentence the prisoner, 
under the XlVth amendment." 

Was this a correct construction? 

In the examination of questions of this sort, 
great attention is properly paid to the argument 
from inconvenience. This argument, it is true, 
cannot prevail over plain words or clear reason. 
But, on the other hand, a construction which 
must necessarily occasion great public and pri- 
vate mischief must never be preferred to a 
construction which will occasion neither, or 
neither in so great degree, unless the terms of 



460 



POLITICAL MAJS^UAL. 



the instrument absolutely require such prefer- 
ence. 

Let it then be considered what consequences 
would spring from the literal interpretation con- 
tended for in behalf of the petitioner. 

The amendment applies to all the States of 
the Union, to all offices under the United States 
or under any State, and to all persons in the 
category of prohibition, and for all time, present 
and future. The ofiences for which exclusion 
from office is denounced are not merely engaging 
in insurrection or rebellion against the United 
States, but the giving of aid or comfort to their 
enemies. They are offences not only of civil, 
but of foreign war. 

Now, let it be supposed that some of the persons 
described in the third section, during the war with 
Mexico, gave aid and comfort to the enemies of 
their country, and nevertheless held some office 
on the 28th of July, 1S68, or subsequently. 

Is it a reasonable construction of the amend- 
ment which will make it annul every official act 
of such an officer ? 

But let another view be taken. It is well 
known that many persons engaged in the late 
rebellion have emigrated to States which ad- 
hered to the national Government, and it is not 
to be doubted that not a few among them, as 
members of Congress, or officers of the United 
States, or as members of State legislatures, or 
as executive or judicial officers of a State, had 
before the war taken an oath to support the 
Constitution of the United States. In their 
new homes, capacity, integrity, fitness, and ac- 
ceptability, may very possibly have been more 
looked to than antecedents. Probably some of 
these persons have been elected to office in the 
States which have received them. It is not 
unlikely that some of them held office on the 
28lh July, 1868. Must all their official acts be 
held to be null under the inexorable exigencies 
of the amendment? 

But the principal intent of the amendment 
was, doubtless, to provide for the exclusion from 
office in the lately insurgent States of all per- 
sons within the prohibitive description. 

Now, it is well known that before the amend- 
ment was proposed by Congress, governments 
acknowledging the constitutional supremacy of 
the national Government had been organized in 
all these States. In some these governments 
had been organized through the direc-t action of 
tiie people, encouraged and supported by the 
President, as in Tennessee, Louisiana and Ar- 
kansas, and in some through similar action in 
Sursuance of Executive proclamation, as in 
_ orih Carolina, Alabama, and several other 
States. In Virginia such a State government 
had been organized as has been already stated, 
soon after the commencement of the war ; and 
this government only had been fully recognized 
by Congress, as well as by the President. 

Tliis government, indeed, and all the others, 
except that of Tennessee, were declared by Con- 
gress to be r'rovi^ional only. 

But in all these States all offices had been 
filled, before the ratification of the amendment, 
by citizens who at tiie time of the ratification 
were actively engaged in the performance of 
their several duties. Very many, if not a ma- 



jority of these officers, had, in one or another of 
the capacities described in the third section, 
taken an oath to support the Constitution and 
had afterwards engaged in the late rebellion; 
and most, if not all, of them continued in the 
discharge of tlieir functions after the promulga- 
tion of the amendment, not supposing that by its 
operation their offices could be vacated without 
some action of Congress. 

If the construction now contended for be given 
to the prohibitive section, the efi'ect must be to 
annul all otBcial acts performed by these officers. 
No sentence, no judgment, no decree, no ac- 
knowledgment of a deed, no record of a deed, 
no sheriff's or commissioner's sale — in short, no 
official act is of the least validity. It is impos- 
sible to measure the evils which such a construc- 
tion would add to the calamities which have 
already fallen upon the people of these States. 

The argument from inconveniences, great aa 
these, against the construction contended for, is 
certainly one of no light weight. 

But there is another principle which, in deter- 
mining the construction of this amendment, is 
entitled to equal consideration with that which 
has just been stated and illustrated. It may be 
stated thus: Of twoconstructions, either of which 
is warranted by the words of an amendment of 
a public act, that is to be preferred which best 
harmonizes the amendment with the general ten- 
or and spirit of the act amended. 

This principle forbids a construction of the 
amendment not clearly required by its terms, 
which will bring it into conflict or disaccord 
with the other provisions of the Constitution. 

And here it becomes proper to examine some- 
what more particularly the character of the 
third section of the amendment. 

The amendment itself was the first of the se- 
ries of measures proposed or adopted by Con- 
gress with a view to the reorganization of State 
governments acknowledging the constitutional 
supremacy of the national Government in those 
States which had attempted to break up their 
constitutional relations with the Union, and to 
establish an independent confederacy. 

All citizens who had, during its earlier stages, 
engaged in or aided the war against the United 
States, which resulted inevitably from this at- 
tempt, had incurred the penalties of treason 
under the statute of 1790. 

But by tlie act of July 17, 1862, while the civil 
war was flagrant, the deatb penalty for treason 
committed by engaging in rebellion was practi- 
cally abolished. Afterwards, in December, 1803, 
full amnesty, on conditions which now certainly 
seem to be moderate, was offered by President 
Lincoln, in accordance with the same act of 
Congress; and, after organized resistance to the 
United States had ceased, amnesty was again of- 
fered, in accordance with the same act, by Presi- 
dent Johnson, in May, 1865. In both these offers 
of amnesty extensive exceptions were made. 

In June, 1866, little more than a year later, the 
XlVth amendment was proposed, and was rat- 
ified in July, 1868. The only punitive section 
contained iu it is the third, now under consider- 
ation. It is not improbable that one of the 
objects of this section was to provide for the se- 
curity of the nation and of individuals by the 



JUDICIAL DECISIONS, ETC. 



461 



exclusion of a class of citizens from office ; but it 
can hardly be doubted that its main purpose 
was to inflict upon the leading and most influ- 
ential characters who had been engaged in the 
rebellion, exclusion from office as a punishment 
for the offence. 

It is true that, in the judgment of some en- 
lightened jurists, its legal effect was to remit all 
other punishment, for it led to the general am- 
nesty of December 25, of the same year, and to 
the order discontinuing all prosecutions for crime 
and proceedings for confiscation originating in 
the rebellion. Such certainly was its practical 
effect. But this very effect shows distinctly its 
punitive character. 

Now, it is undoubted that those provisions of 
the Constitution which deny to the legislature 
power to deprive any person of life, liberty, or 
property without due process of law, or to pass 
a bill of attainder, or an ex post facto law, are in- 
consistent, in their spirit and general purpose, 
with any provision which at once, without trial, 
deprives a whole class of persons of offices held 
by them for cause, however grave. It is true that 
no limit can be imposed on tlie people when ex- 
ercising their sovereign power in amending tlieir 
own constitution of government. But it is a 
necessary presumption that the people, in the 
exercise of that power, seek to confirm and im- 
prove, rather than to weaken and impair, the 
general spirit of the Constitution. 

If there were no other grounds than these 
for seeking another interpretation of the amend- 
ment than that which we are asked to put upon 
it, we should feel ourselves bound to hold them 
sufficient. 

But there is another and sufficient ground, 
and it is this, that the construction demanded 
in behalf of the petitioner is nugatory except 
for mischief. 

In the language of one of the counsel, " the 
object had in view by us is not to unseat Hugh 
W- Sheffey, and no judgment of the court can 
effect that." 

Now, the object of the amendment is to un- 
seat every officer, whether judicial or executive, 
who holds civil or military office in contraven- 
tion of the terms of the amendment. Surely, a 
construction which fails to accomplish the main 
purpose of the amendment and yet necessarily 
works the mischiefs and inconveniences wliich 
have been described, and is repugnant to the 
first principles of justice and right embodied in 
other provisions of the Constitution, is not to be 
favored if any other reasonable construction can 
be found. 

Is there, then, any other reasonable construc- 
tion? In the judgment of the court there is 
another, not only reasonable, but very clearlv 
warranted by the terms of the amendment, and 
recognized by the legislation of Congress. 

The object of the amendment is to exclude 
from certain offices a certain class of persons. 
Now, it is obviously impossible to do this by a 
simple declaration, whether in the Constitution 
or in an act of Congress, that all persons in- 
cluded within a particular description shall not 
hold office. For, in the very nature of things, 
it must be ascertained what particular indi- 
viduals are embraced by the aefinitioa before 



any sentence of exclusion can be made to 
operate. To accomplish this ascertainment and 
insure effective results, proceedings, evidence, 
decisions, and enforcement of decisions, more or 
less formal, are indispensable; and these can 
only be provided for by Congress. 

Now, the necessity of this is recognized by 
the amendment itself, in its fifth and final sec- 
tion, which declares that " Congress shall have 
power to enforce, by appropriate legislation, the 
provisions of this article." 

There are, indeed, other sections than the 
third, to the enforcement of which legislation 
is necessary; but there is no one which more 
clearly requires legislation in order to give ell'ect 
to it. The fifth section qualifies the third to the 
same extent as it would if the whole amendment 
consisted of these two sections. 

And the final clau.se of the third section itself 
is significant: it gives to Congress absolute con- 
trol of the whole operation of the amendment 
These are its words: "But Congress may, by a 
vote of two-thirds of each House, remove such 
disability " Taking the third section then in 
its completeness, with this final clause, it seems 
to put bej'ond reasonable question the conclu- 
sion that the intention of the people of the 
United States in adopting the XlVth amend- 
ment was to create a disability, to be removed 
in proper cases by a two thirds vote, and to be 
made operative in other cases by the legislation 
of Congress in its ordinary course. The con- 
struction gives certain effect to the undoubted 
intent of the amendment to insure the exclusion 
from office of the designated class of persons, if 
not relieved from tiieir disabilities, and avoids 
the manifold evils which must attend the con- 
struction insisted upon by the counsel for the 
petitioner. 

It results from this examination that persons 
in office by lawful appointment, or elected be- 
fore the promulgation of the XlVth amend- 
ment, are not removed therefrom by the direct 
and immediate effect of the prohibition to hold 
office contained in the third section ; but that 
legislation by Congress is necessary to give 
effect to the prohibition, by providing for such 
removal. And it results further, that the exer- 
cise of their several functions by these officers, 
until removed in pursuance of such legislation, 
is not unlawful. 

The views which have been just stated receive 
strong confirmation from the action of Congress 
and of the executive department of the Gov- 
ernment. The decision of the district judge, 
now under revision, was made in December, 

1868, and two months afterwards, in February, 

1869, Congress adopted a joint resolution, enti- 
tled " A resolution respecting the provisional 
governments of Virginia and Texas." In this 
resolution it was provided, that persons " hold- 
ing office in the provisional governments ot 
Virginia and Texas," but unable to take and 
subscribe the test-oath prescribed by the act 
of July 2, 1862, except those relieved from dis- 
ability, "be removed therefrom;" but a pro- 
vision was added, suspending the operation of 
the resolution for thirty days from its passage. 
The joint resolution was passed and received 
by the President on the 6tib of February, and, 



462 



POLITICAL MANUAL. 



not having been returned in ten days, became a 
law without his approvaL 

It cannot be doubted that tliis joint resolution 
recognized persons unable to take the oath re- 
quired, to which class belonged all persons within l 
the description of the third section of the XlVth 
amendment, as holding office in Virginia at the 
date of its passage, and provided for their re- 
moval from office. 

It is not clear whether it was the intent of 
Congress that this removal should be eflected in 
Virginia by the force of the joint resolution itself, 
or by the commander of the first military district. 
It was understood by the executive or military 
authorities as directing the removal of the per- 
sons described by military order. The resolution 
was published by command of the general of the 
army, for the information of all concerned, on the 
22d of March, 1869. It had b'iea previously 
published by directioii of the commander of the 
first militar}' district, accompanied by an order, 
to take effect on the ISth of March, 1SG9, remov- 
ing the persons described from office. The date 
at^which this order was to take eS'ect was after- 
wards changed to the 21st of March. 

It is plain enough from this statement that 
persons holding office in Virginia, and within 
the prohibition of the XlVth amendment, were 
not regarded by Congress, or by the military 
authority, in March, 1869, as having been already 
removed from office. 

It is unnecessary to discuss here the question 
whether the government of Virginia, which seems 
to have been not pro visional, but permanent, when 
transferred from Alexandria to Richmond, be- 
came provisional under the subsequent legislation 
of Congress, or to express any opinion concern- 
ing the validity of the joint resolution, or of the 
proceedings under it. The resolution and pro- 
ceedings are referred to here only for the purpose 
of showing that the amendment had not been 
regarded by Congress or the executive, so far as 
represented by the military authorities, as effect- 
ing an immediate removal of the officers described 
in the third section. 

After the most careful consideration, I find 
myself constrained to the conclusion that Hugh 
W. Slieffey had not been removed from the office 
of judge at the time of the trial and sentence of 
the jietilioner; and, therefore, that the sentence 
of the circuit court of Rockbridge county was 
lawful. 

In this view of the case, it becomes unneces 
sary to determine the question relating to the 
effect of the sentence of a judge de facto, exercis- 
ing the office witli the color, but witliout the 
substance of right. It is proper to say, however, 
that I should have no difficulty in sustaining the 
custody of the sheritf under the sentence of a 
court held by such a judge. 

Instructive argument and illustration of this 
branch of the case might be derived from an ex- 
amination of those provisions of the Constitution 
ordaining that no person shall be a representa- 
tive, or senator, or President, or Vice President, 
unless having certain jirescribed qualifications. 
These provisions, as well as those which ordain 
that no senator or representative shall, during 
his term of service, be appointed to any office 
under the United States, under certain circum- 



stances, and that no person holding any such 
office shall, while holding such office, be a mem- 
ber of either House, operate on tiie capacity to 
take office. The election or appointment itself 
is prohibited and invalidated; and yet no in- 
stance is believed to exist where a person has 
been actually elected, and has actually taken the 
office, notwithstanding the prohibition, and his 
acts while exercising its functions have been 
held invalid. 

But it is unnecessary to pursue the examina- 
tion. The cases cited by counsel cover thewliole 
ground, both of principle and authority.* 

This subject received the consideration of the 
judges of the Supreme Court at the last term with 
reference to this and kindred cases in this district, 
and I am authorized tosay that they unanimously 
concurred in the opinion, that a person convicted 
by a jury, and sentenced in court held by a judge 
de facto, acting under color of office, though not 
dejure, and detained in custody in pursuance of 
his sentence, cannot be properly discharged upon 
habeas corpus. 

It follows that the order of the district judge 
must be reversed, and that the petitioner must 
be remanded to the custody of the sheriff of 
Rockbridge county. 

Opinion of Judge Underwood. 

In the matter of Caesar Griffin— Petition for habeas 
corpus. 

In entering upon the consideration of this case, 
I am oppressed by the gravity of the principles 
and consequences it involves. The history of 
civilization has established the fact that the lib- 
erties of the people in all modern nations depend 
upon the restraints which courts of justice have 
succeeded in opposing to the oppressions of ty- 
rants and usurpers. And no device for this pur- 
pose can be compared with the writ of habeas 
corpus, which v/e have inherited from our 
English ancestors. 

That great scholar and writer. Dr. Samuel 
Johnson, well said to his friend Boswell, "the 
habeas corpus is the single advantage which our 
government has over that of other countries." 

The historian Macaulay, in his graphic de- 
scription of the tyrant James the Second, has 
well written: "One of his objects was to obtain 
a repeal of the Jiceheas corpus act, which he hated, 
as it was natural that a tyrant should hate the 
most stringent curb that ever legislation imposed 
on tyranny. This feeling remained deeply fixed 
in his rnind to the last, and appears in the in- 
structions which he drew up, when in exile, for 
the guidance of his son. But the habeas corpus 
act, though passed during the ascendancy of the 
whigs, was not more dear to t'le whigs than to 
the tories. It is, indeed, not wonderful that this 
great law should be highly prized by all Eng- 
lishmen, without distinction of party; for it is 
a law which, not by circuitous, but by direct 
operation, adds to the security and happiness of 
every inhabitant of the realm.'" 

The petition in the present case alleges that 
the petitioner is deprived of his liberty in vio- 
lation of the Constitution of the United States, 
and the evidence proves that he is imprisoned 



♦Tavlor i-«. Skinner, 2 S. C, 090; State vs. Bloom, 17 
Wis., 521, Ex rel. Kalston vs. Bangs, 24 111., \ii. 



JUDICIAL DECISIONS, ETC. 



4C3 



under color of a sentence pronounced agningt 
him bj' a person pretending to be a judge of the 
circuit court of Rockbridge couuty, m tlie State 
of Virginia; that the said pretended judge, hav- 
ing previously taken an oath as a member of the 
State legislature to support the Constitution of 
the United States, had engaged in insurrection 
or rebellion against the same, or given aid or 
comfort to the enemies thereof; whereas the 
Constitution of the United States (amendments, 
Art. XIV) provides that no such person as afore- 
said shall hold any civil olHce under any State; 
and, consequently, the said pretended judge had 
no jurisdiction over the person or alleged otfence 
of the petitioner, and all his proceedings in the 
case were invalid and absolutely void. 

Two questions are before the court. They are 
both of a legal, not of a political character, and 
I propose to consider them strictly upon legal 
principles and judicial authority. They are 

1. Did the writ properly issue in this case? 

2. Ought the petitioner, on the consideration 
of the whole case, to be discharged? 

1st. Did the writ properly issue? 
The act of Congress of February 5, 1867, pro- 
vides as follows : 

" Be it enacted, &c., &c., That the several 
courts of the United States and the several jus- 
tices and judges of said courts within their re- 
spective jurisdictions, in addition to the authority 
already conferred by law, shall have power to 
grant writs of habeas corpus in all cases where 
any person may be restrained of iiis or her lib- 
erty in violation of the Constitution, or of any 
treaty or law of the United States ; and it shall 
be lawful for such person so restrained of his or 
her liberty to apply to either of said justices or 
judges for a writ of habeas corpus, wliich appli- 
cation shall be in writing and verified by alfidavit, 
and shall set forth the facts concerning the de- 
tention of tlie party applying, in whose custody 
he or she is detained, and by virtue of what claim 
or authority, if known ; and the said justice or 
judge to whom such apjdication shall be made 
shall forthwith award a writ of habeas corpus, 
unless it shall appear from the petition itrelf that 
the party is not deprived of his or her liberty in 
contravention of the Constitution and laws of 
the U.nited States." 

The petition, in form, complied with the re- 
quirements of the statute ; and it did not appear 
from the petition itself that the party is not 
deprived of his liberty in contravention of the 
Constitution of the United States. Therefore the 
obligation would seem to have been imperative 
on the judge to whom the application was made 
to issue the writ. The language of the statute is 
sufficiently plain, even without the aid of judicial 
construction But it has had judicial construc- 
tion by the highest authority in the land. In 
McCardle's case the Supreme Court of the United 
States, in an opinion delivered by its learned 
Chief Justice, with his usual force and elegance 
of expression, said : 

" This legislation is of the most comprehensive 
character. It brings within the habeas corpus ju- 
risdiction of every court and of every judge every 
possible case of privation of liberty contrary to 
the national Constitution, treaties, or laws. It 
is impossible to widen this j urisdiction." 



A judge capable of understanding the plainest 
English language could entertain no doubt, un- 
der the statute, of his duty to issue the writ, on 
a petition such as was presented in this case; 
and if any doubt could have arisen under the 
statute standing alone, tliis decision of the Su- 
preme Court of the United States would have 
removed it. 

2d. Ouglit the petitioner, on the return, answer, 
and evidence, to be discharged? 

The XlVth amendment to the Constitution 
provides : 

" Sec. 3. No person shall be a senator or rep- 
resentative in Congress, or elector of President 
and Vice President, or hold any office, civil or 
military, under the United States, or any State, 
who, having previously taken an oath, as a mem- 
ber of Congress, or as an officer of the United 
States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, 
to support the Constitution of the United States, 
shall have been engaged in insurrection or rebel- 
lion against the same, or given aid or comfort to 
the enemies thereof." 

The fact that the person who pronounced the 
sentence was disqualified, under the XlVth 
amendment of the Constitution of the United 
States, is not controverted, and I believe to be 
incontrovertible. But it is argued that the court 
was a court de facto, and that the disqualifica- 
tion of the judge cannot be availed of in a col- 
lateral proceeding. 

Let us examine these two points : 

First. That it was a court de facto. It is hard- 
ly worth our wliile to be frightened, at this day, 
by a little law Latin. De facto means of or from 
the fact, or, more properly, as used here, in fact; 
that is to say, the objection urged is, that this 
was a court in fact, if not in law. 

Now, let us ask wiiat makes it a court in fact? 
Is that a court in fact which the Constitution of 
the United States says shall not be a court? Then 
the Constitution is a dead letter — a mat to wipe 
our feet upon — not a shield to protect our breasts. 
There can benosuch thing, in time of peace, when 
the national authority is everywhere re-establish- 
ed, as a court prohibited by the plain letter of the 
Constitution, (and a court com posed of such judges 
is so prohibited,) and yet having power to deprive 
citizens of their life or their liberty. Such a prop- 
osition seems to me the most unmaintainable of 
absurdities on its very face. 

If the doctrine here urged is correct, and is 
the doctrine on which our practice is to be based, 
it might be advantageously incorporated into this 
XlVth amendment and made a part of it. We 
will see how this amendment would then read. 
I know no bet:er way to exhibit the untenable- 
ness of the proposition than thus to put it into 
the shape of that organic law which, it is con- 
tended, it ought to control. 

"No person shall hold any civil office" in 
theory, though he may in tact, and as a rebel 
pretended judge may sentence loyal men to be 
imprisoned and to l^e hanged, " who, having pre- 
viously taken an oath as a member of Congress, 
or as an officer of the United Slates, or as a mem- 
ber of any Slate legislature, or as an executive 
I or judicial officer of any State, to support the 
I Constitution of the United States, shall have 



464 



POLITICAL MANUAL. 



engaged in insuvrection or rebellion against the 
eame, or given aid or comfort to the enemies 
thereof." 

How would such a provision as that read? 
And }'et, if it is to be the law administered by 
the court, it might as well be in the Constitution 
or on the statute-book. 

As a judge of one of the courts of the United 
States I am sworn to support the Constitution 
of the United States. If, after having taken that 
oath, I were to hold that he shall be a judge of 
whom that Constitution says, " He shall hold no 
civil office," I could not look upon myself asother 
than a perjured man. 

This great nation has spoken in the most sol- 
emn and authoritative manner in which its voice 
is ever heard, and has said, Such a man shall not 
be a judge ; and am I, as an exponent of its will 
and power, to presume to answer back, I agree 
that in theory it shall be according to your com- 
mand; but, in defiance of your express decree, 
be shall in fact, or, as lawyers say, de. facto, be a 
judge, and he shall exercise all the power and 
authority of a judge over your lives and over 
your liberties 

If this thing can be, then a single judge, sit- 
ting here in ^lis court-room, has the power, at- 
tempted in vain by armies, to nullify the Consti- 
tution and set the laws enacted by the national 
legislature at defiance. 

What says the illustrious Chief Justice Mar- 
shall on the nature and obligation of the oath 
administered to judges? 

He says : " It is apparent that the framers of 
the Constitution contemplated that instrument 
as a rule for the government of courts as well as 
of the legislatures." And he asks: 

" Why otherwise does it direct the judges to 
take an oath to support it? This oath certainly 
applies in an especial manner to their conduct 
in their official character. How immoral to im- 
pose it on them if they were to be used as the 
instruments, and the knowing instruments, for 
violating what they swear to support!" * * 

Again he says: 

"Why does a judge swear to discharge his 
duties agreeably to the Constitution of the Uni- 
ted States, if that Constitution forms no rule for 
his government? If it is closed upon him, and 
cannot be inspected by him; if such be the real 
state of things, this is worse than solemn mock- 
ery. To prescribe or to take this oath become 
equally a crime." 

But it is contended that though the petitioner 
has raised a question of constitutional law, it is 
not our duty to look into the Constitution to 
determine it. What said Chief Justice Marshall 
to such an argument, when it was addressed to 
him and to the Supreme Court of the United 
States? He replied : 

"The judicial power of the United States is 
extended to all cases arising under the Constitu- 
tion. 

" Could it be the intention of those who gave 
this power to say that in using it the Constitution 
should not be looked into ? That a case arising 
under the Constitution should be decided without 
examining thatinstrumentunder which itarises? 

" This is too extravagant to be maintained. In 
Bome cases, then, the Constitution must be looked 



into by the judges. And if they can open it at 
all, what part of it are they forbidden to read or 
to obey?" * * " It is declared that no 'tax 
or duty shall be laid on articles exported from 
any State.' 

" Suppose a duty on the export of cotton, of 
tobacco, or of flour, and a suit instituted to re- 
cover it. Ought judgment to be rendered in such 
a case? Ought the judges to close their eyes ou 
the Constitution, and only see the law? 

" The Constitution declares ' that no bill of 
attainder or ex post facto law shall be passed.' 

" If, however, such a bill should be passed, and 
a person should be prosecuted under it, must the 
court condemn to death those victims whom the 
Constitution endeavors to preserve?" 

And the Constitution endeavors to preserve all 
men froni the official acts of all those wiiom the 
XlVth amendment disqualifies for holding civil 
office. And if we are thus bound to obey the 
Constitution, even when we might shield our- 
selves by a law in violation of it, as Chief Jus- 
tice Marshall declares, with what triple honda 
are we bound to obey it, when, as in this case, 
there is not only no law against it, but when we 
have a law aiding and enforcing our obedience, 
enacted by the same Congress which submitted 
this provision of the Constitution to the people, 
and for the very purpose of making our duty so 
plain that to err would seem impossible. 

What is called a court rfe/acio in this case was 
not, in any proper and legal sense, a court. No- 
thing expressly prohibited by the Constitution 
was ever so called. A court is defined to be 
" an incorporeal political being, which requires 
for its existence the presence of the judges, or a 
competent member of them, a clerk, or prothon- 
otary," &c. There was no judge present at that 
court, unless a man can be a judge of whom the 
Constitution declares he shall not be a judge. 
And I certainly shall never rule that the Consti- 
tution of this country is impotent, effete, and not 
to be obeyed. I have neither the will nor the 
courage to attempt, by a judicial opinion, to over- 
turn that Constitution which all the rebel armies 
assailed in vain, and which their cannon, though 
it shook the continent, could never shake. 

" If," asks Chief Justice Marshall, " an act of 
the legislature repugnant to the Constitution is 
void, does it, notwithstanding its invalidity, 
bind the courts and oblige them to give it effect? 
Or, in other words, though it be not law, does 
it constitute a rule as operative as if it was a 
law?" And he remarks: "This would be to 
overthrow in fs.ct what was established in theory ; 
and would seem, at first view, an absurdity too 
gross to be insisted on." 

So, I ask, if the Constitution has declared that 
a person disqualified in a certain manner shall 
hold no civil office, and a person so disqualified 
attempts to exercise the office of judge, shall I 
hold that his acts, notwithstanding his consti- 
tutional disqualifications, bind this court, and 
oblige its judges to give them effect? And I say 
furtiier, in the language of that illustrious chief 
justice: "This would be to overthrow in fact 
what was established in theory, and would seem 
to be an absurdity too gross to be insisted on." 

From the earliest period in the history of the 
writ of habeas corpus it has been uniformly held, 



JUDICIAL DECISIONS, ETC. 



465 



that one of the most conclusive grounds for dis- 
charging a prisoner under that great writ was 
that he was held under color of the authority of 
a court not of competent jurisdiction, although, 
ordinarily, the writ would not lie for a prisoner 
in execution ; yet it would lie for such a pris- 
oner if the execution issued out of a court not of 
competent jurisdiction. 

Says the great Lord Chief Justice Wilmot, in 
his masterly exposition of the law of habeas 
corpus, contained in a series of learned and pro- 
found answers to questions propounded to him 
by tl]e house of lords : 

" If it appears clearly that the act for which the 
party is committed is no crime, or that it is a 
crime, but he is committed for it by a person who 
has no jurisdiction, the court discharges." 

Now, what jurisdiction has l judge who is de- 
clared by the Constitution incapable of being a 
judge? Not a particle more than judge lynch, a 
modern committee of vigilance, or a town mob ? 

If he has any jurisdiction, then we have no 
constitution. Either all his otEcial acts are void, 
or the Constitution is void. The two cannot both 
stand valid together; and if this court is bound 
blindly to consider such a court a court de facto, 
then this court is not itself a court de facto, but 
only in name. 

The reports are full of cases in which proceed- 
ings of courts have been held to be void because 
the courts were composed, even in part, of dis- 
qualified magistrates. 

In Regina vs. The Aberdale Canal Company, 
the proceedings of tlie commissioners were held 
to bo void by the queen's bench of England, be- 
cause a few, out of a large body of commission- 
ers, were disqualified by one of the provisions 
of the statute known as the canal act. (14 Q. 
B., 85i.) 

In Regina vs. The Cheltenham Commission- 
ers, the proceedings of the commissioners were 
quashed by the queen's bench, " because a ques- 
tion in the cause had been decided by a court 
improperly constituted." (12 Q,. B., 467.) 

Indeed, it is an old maxim of law, judicum a 
nan suo judice dictinn — ^judgment, if not pro- 
nounced by the proper judge, is of no effect. 

I therefore conclude, that on general and long- 
established legal principles the petitioner is en- 
titled to his discharge. But our duty in the case 
is not left to the guidance of general principles, 
although according to them it would seem to 
be plain enough. But it is specifically pointed 
out by the statute — the habeas corpus act of 
1867. That act provides, that the "court or 
judge shall proceed in a summary way to deter- 
mine the facts in the case, by hearing testimony 
and the arguments of the parties interested, and 
if it shall appear that the petitioner is deprived of 
his or her liberty in contravention of the Consti- 
tution or laws of the United States, he or she shall 
forthwith be discharged and set at liberty." 

Now, it does appear in this case that the pris- 
oner is deprived of his liberty in contravention 
of the Constitution, and it seems to me that 
nothing can be plainer than that we must dis- 
charge him, or violate an act of Congress and 
our oath of ofiBce. 

Some other points in the argument in opposi- 
tion it may be well enough to notice. 
30 



It is asserted that legislation by Congress is 
necessary to give effect to this constitutional 
provision — that it cannot act "proprio vigore." 

The provision, like that which says no bill of 
attainder or ex post facto law shall be passed, is 
a mere negation. It says no person disqualified, 
as this pretended judge is admitted to be, shall 
hold any office, and it no more needs additional 
legislation for the application of the writ of hab- 
eas corpus, than legislation is needed to under- 
stand and apply the simplest axioms of Euclid, 
the ten commandments, or the Lord's prayer. 

It is said that the character or jurisdiction of 
the court cannot be examined in a collateral pro- 
ceeding. But if this is a collateral proceeding I 
should like to know what is a direct one! We 
examine nothing but the exact point at issue. 
The petitioner alleges that he is imprisoned un- 
der color of authority of an unconstitutional tri- 
bunal. Under this allegation, which is denied by 
the opposing party, certainlj' the question whether 
it is an unconstitutional tribunals is the direct and 
only issue and in no sense collateral. 

The writ of habeas corpus, as it applies to this 
case, is no collateral proceeding. It demands by 
no indirection, but in the most posiUve and di- 
rect manner possible, to know whether the peti- 
tioner IS held in confinement by legal authority, 
and if at the time of the demand it can be shown 
that he is restrained of his liberty without law- 
ful, much less constitutional authority, it requires 
immediate deliverance. It is the people's great 
writ of right and liberty, and cannot be abridged 
or defeated by any forms or pretences of prece- 
dent, by any legal quibbles, technicalities, or pre- 
sumptions, which would prevent the mostspeedy, 
thorough, and rigid investigation. 

To the prisoner, loaded with chains or pining 
within the bolts and bars of the most filthy dun- 
geon, it proclaims the privilege of a hearing. It 
says to the jailor: Tyrant, oppressor, and usurp- 
er, stand back; let me know for what cause and 
by what authority you presume to hold this man, 
made in the image of his Maker, in this durance, 
shut from the common air and sunlight bestowed 
by almighty Goodness as the common inheritance 
of the human race. 

In the name of Runnymede, of British bills of 
rights, of the revolutions of 1688 and 1776, of the 
laws and Constitution of the United States, and 
of the Godofliberty,of law, of justice, and equal- 
ity, it demands the most thorough investigation 
of this case, and claims that no imprisonment is 
legal by any order, either of judge lynch, of acom- 
mittee of vigilance, town mob, or of any person 
who is not at the time fully qualified to act in so 
solemn a transaction as that of imprisoning a fel- 
low man. 

And clearly every man, under constitutional 
prohibition, is as incapable of rightful, valid, 
official action as if he was physically dead. 

Moreover, it is contended that great inconveni- 
ence will result from the enforcement of the Con- 
stitution and the laws. That argument is one 
which I think ought not to be very popular in this 
community. Whatever inconvenience may result 
from the maintenance of the Constitution and the 
laws, I think the experience of the last few years 
shows that much greater inconvenience results 
from attempting their overthrow. 



466 



POLITICAL MANUAL. 



Where the words of the statute are clear, the 
argument of inconvenience is only for the legis- 
lature, and cannot he considered by the court. 
"Arguments drawn from impolicy or inconve- 
nience," says Mr. Justice Story, "ought to have 
little weight. The only sound principle is to 
declare ita lex scripta est — to follow and to obey." 
(Conflict of Laws, 17.) 

" Where the language is clear, and where, of 
course, the intent is manifest," sa3fs Mr. Chief 
Justice Shaw, " the court is not at liberty to be 
governed by considerations of inconvenience." 
(11 Pick., 407.) 

In this case the language of the statute is per- 
fectly clear, and the court is not at liberty to be 
governed by considerations of inconvenience. 

The Constitution declares that "This Consti- 
tution, and the laws and treaties enacted in pur- 
suance thereof, shall be the supreme law of the 
Jand. It does not say that they shall be the su- 
preme law of the land when they are not found 
inconvenient. Had it so declared, the rebellion 
could have been accomplished without so much 
as a resort to arms. 

As to any inconvenience which may arise, as 
is alleged, from turning criminals loose upon the 
community, an intelligent people will place the 
responsibility for that where it belongs, upon 
those who have presumed, in open dehance of 
the Constitution, to assume functions prohibited 
to them by that instrument, and not upon this 
court. 

This circuit, in which the former circuit judge, 
Mr. Chief Justice Taney, spent almost his ex- 
piring breath in defence of the habeas corpus, is 
the last one in the country in which it should 
ever be shorn of its efficacy. 

In that most celebrated case of James Som- 
merset, published in the English State Trials, 
Lord Mansfield well answered the argument of 
inconvenience, where it was urged that to dis- 
charge the petitioner would be to destroy the 
commercial supremacy of Great Britain. 

In that case Charles Stewart, a Virginia 
planter, had, in 1769, just a hundred years ago, 
taken his slave Sommerset to England, where, 
incited perhaps by some Quaker or abolitionist, 
the slave ran away and claimed his freedom. 
The next year, when Stewart desired to sail for 
America, he caused the slave to be seized and 
put upon a vessel in the Thames. Lord Mans- 
field issued the writ of habeas corpus, and the 
case, after a second argument, the first not being 
entirely satisfactory, was decided in favor of the 
petitioner. Sergeant Davy closed his masterly 
Bpeech in behalf of liberty in these magnificent 
words : " This air is too pure for a slave to 
breathe in." 

Lord Mansfield, in his final disposition of the 
case, on the 22d June, 1772 : " Whatever incon- 
venience therefore may follow from the decision, 
I cannot say this case is allowed or approved by 
the law of England ; and, therefore, the black 
must be discharged." 

In respectful imitation of these sublime author- 
ities I will only add, the soil of Virginia, soaked 
■with so much patriotic blood, poured out in 
the cause of constitutional, national sovereign- 
ty, should be fruitful in the products of peace, 
union, and fraternal ccn-cord, sustaining law- 



abiding men, implicitly obeying the Constitu- 
tion of the country, and the proposition that no 
citizen, however humble, can be deprived of his 
liberty by the action of any pretended judge or 
other person in open defiance of a plain, palpable, 
clearly defined provision of that Constitution ; 
and therefore, in my judgment, the petitioner 
should be discharged. 

Can a Negro hold Office in Georgia? 

Decision and Opinions of the Justices of the 
Supreme Court of that State. 

Before announcing the judgment of the court, 
Judge McCay said: 

The case of Richard W. White, plaintiff in 
error, against the State of Georgia, on the rela- 
tion of Wm. J. Clements, defendant in error, 
comes before this court on the following state of 
facts : 

Wm. J. Clements applied to the judge of the 
superior court of Chatham county, alleging that, 
at an election which had been held in tliat coun- 
ty for a clerk of the superior court, he and Rich- 
ard W. White were the sole candidates. That 
Richard W. White had got a majority of the 
votes, but that he, Clements, had also got a good 
many votes, and that no other persons were run- 
ning. The petition further stated, that Richard 
W. White had been declared elected, and had 
been commissioned, and was in the actual per- 
formance of the duties of the office, and tliat 
Richard W. White was a person of color, having 
one-eighth or more of African blood in iiis veins. 
That, therefore, under the laws of Georgia, he 
was ineligible to office; and further, that under 
the laws of Georgia, as White, the person having 
the majority of votes, was ineligible, he, Clem- 
ents, having received the next highest number of 
votes, was entitled to the position. He prayed 
the court for leave to file an information for a 
quo warranto. To that petition, of which Wiiite 
was notified, he (White) filed a demurrer. Sub- 
sequently, however, he withdrew the demurrer 
to that petition, and the information issued in 
the name of the State of Georgia. The court 
passed an order directing the solicitor general 
for that circuit to make out an information in 
the name of the State, reciting, in effect, the facts 
which had been recited in Clements' petition, 
and calling upon White to show cause why a 
mandamus absolute should not issue against him, 
depriving him of the office and putting Clements 
in. White, at the proper time fixed by the in- 
formation for answering, filed a demurrer to the 
information, and at tiie same time filed an an- 
swer denying that he was a person of color, or 
that he had one-eighth or more of African blood 
in his veins. 

On this the court summoned a jury for the 
purpose of trying the issue. When the jury liad 
been sworn, the defendant below (the plaintilT 
here) called up his demurrer to the information. 
It is stated in the record that the plaintiff, in 
the information, made no objection to taking up 
the demurrer at that time, but consented ; and 
the court heanl the motion, as an independent 
motion, before the case was submitted to the 
jury. The court decided that in the argument 
ujjon that motion — that demurrer — Clements, 



JUDICIAL DECISIONS, ETC. 
J'- 



467 



the movant in the general proceeding, was enti- 
tled -to open and conclude the argument; that, 
the matter being before the jury, the general 
rule which gives to the party moving in a de- 
murrer the right to open and conclude did not 
apply. 

The court heard the argument on the demur- 
rer and overruled the demurrer. The case then 
went to the jury on the issue of fact, whether or 
not White had one-eighth or more of African 
blood in his veins. On the trial there were va- 
rious questions made as to the testimony. One 
witness testified that the defendant. White, was 
reputed in the neighborhood to be a colored 
person. Another witness testified that he (the 
witness) was a registrar of voters; that when 
White registered, he, the registrar, had affixed 
opposite White's name the letter " C," to denote 
that he was a person of color; that he subse- 
quently posted the lists in a public place, and 
that they had remained there two or three 
weeks, without any application having been 
made to him to have that letter "C" erased or 
changed. It did not appear, however, that there 
was any notice to White that this letter "C" 
had been placed opposite to his name, nor did it 
appear that it was the law or the practice that, 
if he had applied to have it corrected, they 
would have corrected it ; in other words, that it 
was the part or the duty of the officer at all to 
make that entry. At least it has not so been 
made to appear to us. 

This evidence was objected to by the defence, 
but admitted by the court. The court also ad- 
mitted as evidence the statement by a physician, 
an examining physician of an insurance com- 
pany, that at a previous time he had examined 
White, and had pronounced him a mulatto. 
There was no testimony by the physician of 
what his opinion was at the time of the trial. 
The testimony was that at some previous time 
he had examined him, and was at that previous 
time of opinion that he was a mulatto. 

In the further progress of the trial they pro- 
posed to introduce a copy of an application for 
a life insurance on the life of White in favor of 
his wife, which application purported to be 
signed by White. The application does not 
seem to have a word in it as to whether White 
was a white man or black man, it gave no indi- 
cation as to his color; but on the back of it 
there was an entry, by a person who purported 
to be an examining physician, that White was 
a mulatto. The witness swore at first that he 
thought White signed the paper, but swore after- 
wards that he didn't know whether White had 
signed it or whether his wife had signed it for 
him. Objection was made to this paper on three 
grounds: one, that it was a copy-paper, though 
it was proven ihat the original was in New 
York ; the other that there was no proof that 
the original had been executed; and, third, that 
in any event the paper amounted to nothing. 

Another witness, also a physician, swore that 
he was a practicing physician, and that he had 
studied the science of ethnology; that that 
science taught men the rules by which the race 
of a man was ascertained, and this witness gave 
his opinion upon the point. The court admitted 
his opinion, that White was a person of color, 



as being the opinion of an expert. The case 
went to the jury on this testimony. There were 
some objections to the charge of the court, which 
we however have not noticed, because we didn't 
think the point very material. The jury found 
for the plaintiff in the information. Thereupon 
the court passed judgment, deposing White from 
his position as clerk of the superior court, and 
declaring that Clements was entitled to hold that 
office. 

This case has been argued before us with a 
great deal of learning and ability. 

This court has agreed upon the judgment 
which it will deliver in this case, but not upon 
the reasons upon which this judgment is founded. 
The court all agree that the judgment in the 
court below ought to be reversed, this court 
being unanimously of opinion that the court be- 
low erred in various of its rulings on the trial 
and on the question of the argument on the de- 
murrer. 

A majority of the court — the chief justice and 
myself — agree in the judgment that the court 
below erred in overruling the demurrer, it being 
our opinion that, under the Code of Georgia, a 
person of color is eligible to office in Georgia. 
My brother Brown, however, and myself do not 
exactly agree upon the grounds upon which we 
base that judgment. The statutes of the State 
of Georgia require that the court shall agree in 
the decision which it makes — the principle upon 
which it puts the case which it decides; and as 
my brother Warner, whilst he agrees to the 
general judgment, puts his opinion upon one set 
of grounds, and my brother the chief j ustice puts 
his upon another, while I put mine upon a third, 
we are unable to agree upon a statement of the 
general principles upon which we put our judg- 
ment. Hence, under the statute, we shall each 
give a statement of the ground upon which we 
assent to the judgment of this court. 

I will, therefore, now read the grounds upon 
which the whole court bases its decision, the 
ground upon which the majority of the court 
bases its decision, and I shall also announce the 
principles upon which I myself hold that the 
court below erred. 

As this is a case of a good deal of public im- 
portance, involving not only the rights of the 
defendant and this plaintiff in error, but of a 
very large portion of the people of this State, 
and one in which there is a great deal of interest 
taken, I have reduced to writing, in detail, my 
opinion; and I will preface the reading of the 
judgment of the whole court and of the majority 
of the court with some written remarks, pre- 
ferring to do that rather than make a parol 
introduction. 

Whatever may have been, under the Consti- 
tution of the United States, the i.bstract truth as 
to the political condition and status of the peo- 
ple of Georgia at the close of the late war, from 
the stand-point of a mere observer, it seems to 
me perfectly conclusive that the several branches 
of the present State government are shut up in 
the doctrine that the constitution and frame of 
civil government in existence in this State on 
the 1st of January, 1861, with all its disabilities 
and restrictions, was totally submerged in the 
great revolutson which from 1861 to 1865 swept 



468 



POLITICAL MANUAL. 



over the State. Early in fune, 1865, the gov- 
ernor of 18G0 was in prison at Washington, and 
there was not in tlie whole State a single civil 
officer in the exercise of the functions of his 
otSce. 

The whole hod}'^ lately acting had been chosen 
under the laws of the Confederate States, and the 
incumbents of 1860 had all eitlierdied or resign- 
ed or renounced their positions as officers under 
the Consiuuion of tlie United States, by swearing 
fealty to the confederacy and repudiating the 
Government of the Union. 

Tlie people of the State were, in the language 
of the President, without civil government of any 
kind — in anarchy. The State, as a State of the 
federal Union, still existed, but without any 
frame of civil government regulating, restrain- 
ing, and directing the exercise of its functions. 
From that time until the present State govern- 
ment went into operation, the government of the 
State was, with more or less completeness, in the 
bands of the military authorities of the United 
States, and the entire ancient civil polity of the 
State was totally ignored. Directly in the teeth 
of the old constitution, the p>eopIe of color were 
recognized as freemen, and as entitled to equal 
legal and political rights with the whites. The 
convention of 1867 met under the laws of the 
United States, and was elected and composed in 
total disregard of all tlie provisions and pre- 
sumptions, qualifications, disqualifications, and 
distinctions of the old organization. 

The black people participated in its election 
and in its composition on equal terms, in theory 
at least, with the white, and nothing can to my 
mind be plainer, than that by the whole theory 
then acted upon they were recognized as form- 
ing an integral part of the sovereign people then 
assembled in convention to form for their com- 
mon benefit a constitution and frame of civil 
government. 

Such being the facts of the case, it appears to 
me that this court, deriving its whole authority 
from the constitution then framed, and sworn to 
support it, is, from the very nature of the case, 
absolutely prohibited from recognizing, as then 
or now in force, either the constitution of 1860 
or 1865, or any of the legal or political disabili- 
ties or distinctions among the people dependent 
upon them or either of them. 

The convention met under the laws of the 
United States to form a constitution for a peo- 
ple without civil government. 

It had nothing to repeal, nothing to modify, 
nothing to grant. None of the old constitutions 
of the State were at the time in operation — the 
convention met under entirely new ideas and 
new presumptions. It represented a new peo- 
ple — a people among whom slavery had ceased, 
and among whom black people as well as white 
were recognized as forming part of tlie political 
society, and entitled to equal participation in its 
rights, privileges, and immunities. 

It is not necessary, for the purposes of this ar- 

fument, that this theory shall be proven to have 
een a legal one under the Constitution of the 
United States. It is sufficient to state that it is 
true as a fact, and that the present state govern- 
ment is based upon it. 

If, when the convention met in December, 



1867, the ancient constitution iif the State or 
any of its legal or political disabilities or dis- 
qualifying distinctions upon per.«ons of color, 
were of force, then the convention itself was il- 
legal, the present state government is illegal, 
this court is illegal ? Ilis lionor the chief justice 
has his proper place in the executive chair, my 
respected associate and myself are private citi- 
zens, the plaintiff in error is a slave, and the 
whole political history of the State, since the im- 
prisonment of Governor Brown, in June, 1855, 
a gigantic illegality. 

I am aware that a very large class of our 
most intelligent people so at this moment lion- 
estly believe: to them this argument is not di- 
rected. But it seems to me that to a judge, hold- 
ing his office under the present State government, 
forming an essential part of its machinery, these 
views must be of overwhelming force. If he 
assumes the power to decide at all, he must, it 
seems to me, base his judgment upon prin-ciples 
which do not, if adopted in his own case, ut- 
terly subvert his own authority. 

I make these remarks with the greatest def- 
erence to the integrity and to the sound legal 
acumen of my associates. Honest men see 
things in different lights, and it is as presump- 
tuous as it is uncharitable for one man to set up 
his convictions as the necessary guide of the con- 
science of another. These are my convictions, 
and as a matter of course I must act upon them, 
and accordingly, under the rules prescribed by 
the statute, 1 announce, as the general princi- 
ples controlling my judgment in this case, the 
following : 

By the whole court : 

1. The statement of a registrar of voters that 
he had marked a registered person's name with 
a "C," to denote that he was colored, and had 
posted his lists for some time in a public place, 
and that no application had been made to have 
the said "C" erased, is no evidence that the per- 
son is a colored person, it not being shown that 
the person knew of the entry and that it was 
the subject of correction. 

2. Although a copy of a paper proven to be 
beyond the jurisdiction of the court is good 
secondary evidence of its contents, yet it must 
be shown that the original was duly executed. 

3. An application for a life insurance, though 
signed by the applicant, upon the back of which 
was an entry by the examining physician that 
the applicant was a mulatto, is no evidence, un- 
less it be proven that the person signed the 
paper after the entry on it was made by the 
physician, and with knowledge of the entry and 
with intent to .adopt it, or that he used the paper 
after the entry was made with a knowledge that 
such entry was there. 

4. The statement by an examining physician 
that he had at a certain time examined a person, 
and liad then been of tlie opinion that the per- 
son was a mulatto, is not evidence. If tlie 
physician is an expert, he must give his present 
opinion, and if not, he must state the facts upon 
which he bases his opinion. Whether or not 
one is a person of color, that is, has African 
blood in bis veins, is matter of opinion, and a 
witness may give his opinion, if he states the 
facts upon which it is based. But whether tho 



JUDICIAL DECISIONS, ETC. 



4G9 



fact that he lias one eighth or more of such 
blood be matter of oianion or not, query? 

5. One who testities that he has studied the 
science of etlinolo''y may give his opinion as 
an exfiert on the question of race. Its weight 
is for ilie jury. 

Pedigree, relaiionship, and race may be proven 
by evidence of reputation among those who 
know the person whose ped'gree or race is in 
question. 

The wliole court agree upon those proposi- 
tions. 

The majority of the court agree upon this 
proposition: Where a quo warranto wa,s issued 
charging that a person holding an office was in- 
eligible when chosen because of his having in 
his veins one-eighth or more of African blood, 
and lliere was a demurrer to the information, as 
well as an answer denying the fact, upon which 
denial there was an issue and a trial before the 
jury: held, that, by the Code of Georgia, a per- 
son having one-eighth or more of African blood 
in his veins is not ineligible to office in this 
8tate, and it was error in the court to overrule 
the demurrer and to charge the jury that if the 
plaintiff proved the defendant to have one- 
eighth or more of African blood he was ineli- 
gible to ofBce in this State. 

Whilst I agree that the Code of Georgia — the 
law of Georgia, as separate from the constitu- 
tion — does make persons of color eligible to 
office, my opinion is that eligibility is guaran- 
teed by the constitution -^f the State; and I an- 
nounce these propositions as the general princi- 
ples upon which my opinion is baoed : 

1st. The constitution of Georgia, known as 
the constitution of 1868, is a new constitution, 
made by and formed for a people who at the 
time were by the facts of the case and by the 
laws of the United States without any legal 
civil government; and as the people of Georgia, 
without regard to past political distinctions, and 
without regard to distinctions of color, partici- 
pated on equal terms in the election for the 
convention and in its composition and delibera- 
tions, as '/ell as in the final ratification of the 
constitution it framed, in the construction of 
that constitution, and in the investigation of 
what rights it guarantees or denies, such distinc- 
tions are equally to be ignored. 

2d. The rights of the people of this State, 
white and black, are not granted to them by the 
constitution thereof. The object and efl'ect of 
that instrument is not to give, but to restrain, 
den}r, regulate, and guarantee rights; and all 
persons recognized by that constitution as citi- 
zens of the State have equal legal and political 
rights, except as otherwise expressly declared. 

3d. It is the settled and uniform sense of the 
word " citizen," when used in reference to the 
citizens of the several States of the United 
States and to their rights as such citizens, that 
it describes a person entitled to every right, le- 
gal and political, enjoyed by any person in that 
State, unless there be some express excejition, 
made by positive law, covering the particular 
person, or class of persons, whose rights are in 
question. 

4th. Words used in a statute or constitution 
have their ordinary signification, unless they be 



words! of art, when they have the sense placed 
upon them by those skilled in the art, or unless 
their meaning be defined and fixed by law ; in 
which latter case the legal meacing must pre- 
vail. 

5th. By the 1648th and 1649th sections o.' 
Trwin's lievised Code, it is expressly declared, 
that among the rights of citizens is the right to 
hold office, and that all citizens are entitled to 
exercise all their riglits as such, unless expressly 
prohibited by law ; and as the constitution of 
1868 expressly adopts said Code as the law of 
the State, when that constitution uses the word 
" citizen," it uses it in the sense put upon it by 
the express definition of the Code it ado[ited. 

6th. Article 1 and section 2 of the constitu- 
tion of 1868 expressly declares that all per- 
sons born in the United States, or naturalized 
therein, resident in this State, are citizens of 
this State ; and as the Code adopted by the con- 
vention in express terms declares that among 
the rights of citizens is the right to hold office, 
a colored person born in the United States, and 
resident in this State, is by that section of the 
constitution guaranteed eligibility to office, ex- 
cept when otfierw'se prohibited. 

7th. Nor would thj repeal of tho.se sections 
of the Code or their alteration deprive a colored 
person of the right thus guaranteed, since it is 
a settled rule that it is not in the power of the 
legislature to divest a right or change a consti- 
tutional guaranty by altering the legal meaning 
of the word by which that guarant}' was made. 

8th. The right to vote involves the right to 
be voted for, unless otherwise expressly pro- 
vided, since it is not to be presumed, without 
an express enactment, that the princi[)al is oi 
less dignity or rights than the agent. 

9th. There being in the constitution of 1868 
various special disqualifications of electors for 
particular offices, and four separate sections de- 
tailing disqualifications for any office, and a 
black skin not being mentioned as one of these 
disqualifications, under the rule that the ex- 
pression, &c., of one thing is the exclusion of 
others, persons of color electors are not disqual- 
ified from holding office. 

lOth. There never has been in this State, at 
any period of its history, any denial in terms 
of the right to vote or to hold office to colored 
persons, as such. By the old law, they were 
either slaves or free persons of color, and these 
rights were denied them, by declaring that they 
were not and could not be citizens of the State; 
and when article 1 section 2 of the constitu- 
tion of 1868 recognizecj them as citizens, the 
right to vote and to hold office, except as other- 
wise provided by the constitution, was, ex vi 
termini, also guaranteed to tl>em. 

11th. Ineligibility to office involves not only 
the denial to the person claiming the place the 
right to be chosen, but, what is of far greater 
moment, the riglit of the selecting power to 
choose; and to make out a case of ineligibility 
there must be such a state of affairs as estab- 
lished not only the want of power to be chosen, 
but a denial of power in the selecting [larty to 
choose. 

12th. The people of a State, in their collective 
capacity, have every right a political society 



470 



POLITICAL MANUAL. 



can have, except such as thej^ have conferred 
upo;i the United States, or on some department 
of the State government, or ha'^e expressly de- 
nied to themselves by their constitution ; and as 
tlie right to select a public officer is a political 
right, the people, or that branch of the govern- 
ment clothed by the constitution with the power 
to choose, may select whomsoevei> it will, unless 
the right to choose a particular person or class 
of persons is expressly taken away by the con- 
stitution. — 

Chief Justice Brown then read from his writ- 
ten opinion, as follows: 

The view which I take of the rights of the 
parties litigant in this case, under the Code of 
Ge.irgia, renders it unnecessary for me to enter 
into an investigation of the question, whether 
the XlVth amendment of the Constitutir n of 
the Uni ■'•A States, or the second section of the 
first article of the constitution of Georgia, which 
in substance is i'lentical with the XlVlh amend- 
ment, confers upon colored citizens the right to 
hold office. If the respondent in this case acquires 
the right by grant found in either of the said 
Constitutions, or in the Code of this State, it is 
sufiicient for all the purposes of the case at bar, 
and entitles him to a reversal of the judgment of 
the court below, which was adverse to his right. 

The third paragraph of the 9th article of the 
constitution of this State adopts, in subordina- 
tion to the Constitution of the United States 
and the laws and treaties made in pursuance 
thereof, and in subordination to the said consti- 
tution of this State, the " body of laws known as 
the Code of Georgia, and the acts amendatory 
thereof, which said Code and acts are embodied 
in the printed book known as Irwin's Code," 
" except so much of the said several statutes. 
Code, and laws, as may be inconsistent with the 
supreme law herein recognized." 

The Code, section 1646, classifies natural per- 
sons into four classes: 1st, citizens; 2d, resi- 
dents; 3d, aliens; 4th, persons of color. 

Section 46 of the Code declares that all white 
persons born in this State, or in any other State 
of this Union, who are or may become residents 
of this State v/ith the intention of remaining 
herein; all wAiie persons naturalized under the 
laws of the United States, and who are or may 
become residents of this State with the inten- 
tion of remaining herein; all persons who have 
obtained a rigiit to citizenship under former 
laws, and all children, wherever born, whose 
father was a citizen of this State at the time of 
the birth of such children, or in case of posthu- 
mous children at the tinie of his death, are held 
and deemed citizens of this State. 

By the Code the distinction is therefore clearly 
drawn between citizens who are white persons 
and persons of color. 

In other words, none are citizens under the 
"printed book known as Irwin's Code" but 
white persons. Having specified the class of 
persons who are citizens, the Code proceeds, in 
section 1648, to <lefine some of the rights of citi- 
zens, as follows : 

"Among the rights of citizens are the enjoy- 
ment of personal security, of personal liberty, 
private property and the disposition thereof, 
the elective franchise, the right to hold oj/tce, to 



appeal to the courts, to testify as a witness, to 
perform any civil function, and to keep and 
bear arms." 

Section 1649 declares that "All citizens are 
entitled to exercise all their rights as such un- 
less specially prohibited by law." 

Section 1650 prohibits females from exercising 
the elective franchise or holding civil office. 

Section 1651 prohibits minors from the exer- 
cise of civil functions till they are of legal age. 

Sections 1652 and 1653 prohibit certain crimi- 
nals, and persons non compos mentis, from exer- 
cising certain rights of citizens. 

Article 3, chapter 1, title 1, part 2, of the Code, 
defines the rights of the 4th class of natural per- 
sons, designated as persons of color, giving them 
the right to make contracts; sue and be sued, 
give evidence, inherit, purchase and sell proper- 
ty; and to have marital rights, security of per- 
son, estate, &c., embracing the usual civil rights 
of citizens, but does not confer citizenship. Thus 
the Code stood prior to its adoption by the new 
constitution. 

As already shown, it was adopted in subordi- 
nation to the constitution, and must j'ield to the 
fundamental law whenever in conflict with it. 
In so far as the Code had conferred rights on the 
colored race, there is no conflict and no repeal. 
The constitution took away no right then pos- 
sessed by them under the Code, b .t it enlarged 
their rights, as defined in the Code, by conferring 
upon them the right of citizenship. It trans- 
ferred them from the 4th class of natural per- 
sons, under the above classification, who were 
denied citizenship by the Code, to the 1st class, 
as citizens. 

The 46th section of the Code limited citizen- 
ship to white persons. The constitution struck 
out the word white, and made all persons born 
or naturalized m the United States, and resident 
in this State, citizens, without regard to race or 
color. It so amended section 46 of the Code as 
greatly to enlarge tli« class of citizens; but it 
repealed no part of section 1648, which defines 
the rights of citizens. 

It did not undertake to define the rights of a 
citizen. It left that to the legislature, subject 
to such guarantees as are contained in the con- 
stitution itself, which the legislature cannot take 
away. It declares expressl}-- that no law shall 
be made or enforced which shall " abridge the 
privileges or immunities of citizens of tlie Uni- 
ted States or of this Slate." It is not necessary 
to the decision of this case to inquire what are 
the " privileges and immunities " of a citizen 
which are guaranteed by the XlVtli amendment 
to the Constitution of the United States and by 
the constitution of this State. Whatever they 
may be, tiiey are protected against all abridg- 
ment by legislation. This is the full extent of 
the constitutional guaranty. All rights of the 
citizen not embraced within these terms, if they 
do not embrace all, are subject to the control of 
the legislature. 

Whether the "privileges and immunities" of 
the citizen embrace political rights, including 
the right to hold office, I need not now inquire. 
If they do, that right is guaranteed alike by the 
Constitution of the United States, and the con- 
stitution of Georgia, and is beyond the control 



JUDICIAL DECISIONS, ETC 



471 



of legislation. If not, that right is subject to the 
control of the legislature, as the pojmlar voice 
may dictate; and in that case the legislature 
would have power to grant or restrict it at pleas- 
ure, in case of white persons as well as of per- 
sons of color. The constitution of Georgia has 
gone as far as the XlVth amendment has gone, 
but no further. An authoritative construction 
of the XlVth amendment by the Supreme Court 
of tlie United States upon this point would be 
equally binding as a construction of the consti- 
tution' of the State of Georgia, which is in the 
same words. 

Georgia has complied fully with the terms 
dictated by Congress in the formation of her 
constitution. She has stopped nothing short, 
and gone nothing beyond. The highest judicial 
tribunal of the Union will no doubt finally set- 
tle the meaning of t!ie terms "privileges and 
immunities " of the citizen, which legislation can- 
not abri-flge; and the people of Georgia, as well 
as those of all the other States, must conform to, 
and in good faith abide b}-, and carry out, the 
decision. All the rights, of all the citizens of 
ever}' Siate, which are included in the phrase 
"privileges and immunities," are protected 
against legislative abridgment by the funda- 
mental law of the Union. Those not so em- 
braced, unless included within some other con- 
stitutional guarantee, are subject to legislative 
action. These same rights which the XlVth 
amendment to the Constitution of the United 
States confers upon, and guarantees to, a col- 
ored citizen of Ohio, are conferred upon and 
guaranteed to every colored citizen of Georgia, 
by the same amendment, and by the constitu- 
tion of the State, made in conformity to the 
reconstruction acts of Congress. 

Whatever may or may not be the privileges 
and immunities guaranteed to the colored race 
by the Constitution of the United States and of 
this State, it cannot be questioned that both 
Constitutions make them citizens. And I think 
it very clear that the Code of Georgia, upon 
which alone I base this opinion, which is bind- 
ing upon all her inliabitants while of force, con- 
fers upon all her citizens the right to hold office, 
unless they are prohibited by some provision 
found in the Code itself. I find no such prohi- 
bition in the Code affecting the rights of this 
respondent. I am, therefore, of the opinion tliat 
the judgment of the court below is erroneous, 
and I concur in the judgment of reversal. 

Dissenting Opinion of Judge Hiram Waener. 

The defendant is a person of color, having, as 
the record states, one-eighth of negro or African 
blood in his veins, who claims to be lawfully en- 
titled to hold and exercise the duties of the oSice 
of clerk of the superior court of Chatham county, 
and the question presented for our consideration 
and judgment is, whether a person of color, of 
the description mentioned in the record, is legally 
entitled to hold office in this State, under the con- 
stitution and laws thereof? 

The XlVth amendment to the Constitution 
of the United States declares that "all persons 
born or naturalized in the United States, and 
suljject to the jurisdiction thereof, are citizens of 
the United States and the State wherein they 



reside. No State shall make or enforce a.nj law 
which shall abridge the privileges or immunities 
of citizens of the United States." 

The constitution of this State declares that 
"all persons born (3r naturalized in the United 
States, and resident in this State, are hereby de- 
clared citizens of this State, and no laws shall be 
made or enforced which shall abridge the privi- 
leges or immunities of citizens of the United 
States, or of this State." 

From the time of the adoption of the XlVth 
amendment and the adoption and ratification 
of the constitution of this State in 1868, the 
defendant became (notwithstanding his color 
and African blood) a citizen of the United States 
and of this State, and is entitled to have all the 
privileges and immunities of a citizen. 

Does the fact that the defendant was made a 
citizen of the State, with all the privileges or 
immunities of a citizen thereof, confer uj)on him 
the legal right to hold office in this State as such 
citizen? When we take into consideration the 
definition and object of creating an office, and by 
what authority it is conferred upon a citizen, 
the distinction between the privileges and immu- 
nities of a citizen, as such, and his right to hold 
office, will be at once apparent. It will be seen 
that the privileges and immunities of a citizen, 
as such, is one thing, and that his legal right to 
hold oflice as sucli citizen, under the authority of 
the State, is another and quite a different ques- 
tion. What is an office? "An office," says Ba- 
con, "is a right to exercise a public function or 
emplo3'ment, and to take the fees and emolu- 
ments belonging to it. An oiEcer is one who is 
lawfully invested with an office. It is said that 
the word officium principally implies a duty, and 
in the next jilace the charge of such duty, and 
that it is a rule that, where one man hath to do 
with another's affairs against his will, and with- 
out hia leave, that this is an office, and he who 
is in it is an officer. By the ancient common 
law officers ought to be honest men, legal and 
sage, et qui melius sciant et possint officis in in- 
tendre, and this, says my Lord Coke, was the 
policy of prudent antiquity, that officers did 
even give grace to the place, and not the place 
only to grace the officer." (7tli Bacon's Ab., 
270, title Offices and Officers.) Blackstone says, 
the king, in England, is the fountain of honor 
and of office, and the reason given is, that the 
law supposes that no one can be so good a judge 
of an officer's merits and services as the king, 
who employs him. 

"From the same principle also arises the pre- 
rogative of creating and disposing of offices, for 
honors and offices are in their nature convertible 
and synonymous. AH officers under the crown 
carrV: in the eye of the law, an honor along with 
them, because tliey imply a superiority of parts 
and abilities, being supposed to be always filled 
with those that are most able to execute them." 
(1 Bl. Com., 271, 272.) Officers, says Blackstone, 
have a right to exercise a public or private em- 
ployment, and to take the fees and emoluments 
thereiiuto belonging, and are also incorporeal 
hereditaments. (2 Bl. Com., 36.) 

All citizens of the State, whether white or col- 
ored, male or female, minors or adults, idiot or 
lunatic, are entitled to have all the privileges 



472 



POLITICAL MANUAL. 



and immunities of citizens, but it Joes not follow 
that all of these different classes of citizens are 
entitled to hold office under the public authority 
of the State because the privileges and immuni- 
ties of citizens are secured to tliem. The State 
in this country, as the crown in England, is the 
fountain of honor and of office, and she who de- 
sires to employ anj' class of her citizens in her 
service is the best judge of their fitness and 
qualifications therefor. An officer of the State, 
as we have shown, "hath to do with another's 
affairs against his will and without his leave," 
and such officer must have the authority of the 
State to perform these public duties against the 
will of the citizen and without his leave. Tliis 
authority must be conferred upon tiie citizen by 
some public law of the State from that class of 
her citizens which, in her judgment, will best 
promote the general welfare of the State. The 
right to have and enjoy the privileges and im- 
munities of a citizen of the State does not confer 
upon him the right to serve tlie State in any 
official capacity until that right is expressly 
granted to him by law. Mr. Justice Curtis, in 
his dissenting opinion in the case of Dred Scott 
V. Sanford, 19 How., pp. 3 and 5, says: "So in 
all the States, numerous persons, though citi- 
zens, cannot vote or cannot hold office, either on 
account of their age or sex, or the want of the 
necessary legal qualifications." (Corfield v. Cor- 
vell, 4 Wash. C. C Rep., 1 and 3, to the same 
point.) 

The defendant, therefore, cannot legally claim 
any right to hold office either under the XlVth 
amendment of the Constitution of the United 
States or the constitution of this State, which 
make him a citizen, and guarantee unto him the 
privileges or immunities of a citizen, for he may 
■well have and enjoy all tlie privileges and im- 
munities of a citizen in the State without hold- 
ing any office, or exercising any public or official 
duty under the authority of the State. 

The privileges and immunities of a citizen of 
the State do not confer the legal right to hold 
office under the public authority of the State 
and receive the emoluments thereof. Does the 
public law of the State, recognized and adopted 
by the constitution of 1868, (known as Irwin's 
Code,) confer upon the defendant the legal right 
to hold office in this State? 

The Code took effect as the public law of this 
State on the 1st day of January, 1863. By the 
46th section thereof it is declared, " All white 
persons born in this State, or in any other State 
of this Union, who are or may become resi- 
dents of this State, with the intention of remain- 
ing herein; all white persons naturalized under 
the laws of the United States, and who are or 
may become residents of this State, with the 
intention of remaining herein; all persons who 
have obtained a right to citizenship under former 
laws ; and all children wherever born wiiose 
father was a citizen of this State at the time of 
the birth of such children, or in case of posthu- 
mous children at the time of his death, are held 
and deemed citizens of this State. Persons 
having one-eighth or more of negro or African 
blood in their veins are not 'white persons in 
the m'Kining of this Code. The 1646ih section 
declares, that ' Natural persons are distinguish«d 



according to their rights and status, into, 1st, 
citizens; 2d, residents, not citizens; 3d, aliens; 
4th, persons of color." 

The persons to whom belong the rights of 
citizenship and the mode of acquiring and 
losing the same have been specified in a ibrmer 
article, (referring to article 46, before cited.) 
Among the rights of citizens are the enjoyment 
of personal security, of personal liberty, private 
property and the disposition thereof, the elective 
franchise, the right to hold office, to appeal to 
the courts, to testify as a witness, to perform 
any civil function, and to keep and bear arms. 
All citizens are entitled to exercise all these 
rights, as such, unless specially prohibited by 
law. (Sections 1647, 1648, 1649, 1650, 1651, 
1652, 1653 of the Code.) 

It will be remembered that, at the time of 
the adoption of the Code, in 1863, the defend- 
ant was not a citizen of this State, and was not 
recognized by the Code as a citizen thereof. By 
the 1646th section the status of the defendant 
is defined to be that of a person of color, and 
not that of a citizen. 

The revised Code, adopted by the constitution 
of 1868, includes the act of 1866, which declares 
that "all negroes, mulattoes, mestizoes, and their 
descendants, iiaving one-eighth of negro or Af- 
rican blood in their veins, shall be known in 
this State as persons of color," and especially 
defines their legal rights, but the right to hold 
office is not one of them. (Revised Code, sec- 
tion 1661.) 

It is true that since the adoption of the Code 
the defendant has been made a citizen, but all 
the legal rights conferred upon citizens by the 
Code were conferred upon that class of persons 
only who are declared and recognized by the 
Code as citizens of the State at tlie time of its 
adoption. When the Code declares that it shall 
be the right of a citizen to hold office, such right 
is confined to that class of persons who are 
recognized and declared therein to be citizens 
of the State, and not to any other class of per- 
sons who might thereafter become citizens. So, 
where the Code declares that "all citizens are 
entitled to exercise all their rights as such, un- 
less prohibited by law," it is applicable to that 
class of persons only who were declared to be 
citizens of the State at that time, and not to any 
other class of persons who might thereafter be 
made citizens of the State, such as Chinese, 
Africans, or persons of color. The truth is, 
that the public will of the State has never been 
expressed by any legislative enactment in favoi 
of the right of the colored citizen to hold office 
in this State since they became citizens thereof. 

Although these several classes of persons might 
be made citizens of the State, with the privileges 
and immunities of citizens, still they could not 
legally hold office under the authority of the 
State until that right shall he conferred upon 
them by some public law of the State, subse- 
quent to the time at which they became citizens, 
so as to include them in its provisions. The pub- 
lic will of the State, as to the legal right of that 
class of her citizens to hold office, has never been 
affirmatively expressed ; but, on the contrary, 
when the proposition was distinctly made in the 
convention vrhich formed the present constitu- 



JUDICIAL DECISIONS, ETC. 



473 



tion to confer the right upon colored citizens to 
hold oiBce in this State, it was voted down by a 
large majority. (See Journal of Convention, p. 
Slli.) So far as there has been any expression of 
the public will of the State as to the legal right 
of that class of citizens known as colored citi- 
zens, and since they became such, to hold office 
in this State, it is against that right now claimed 
by the defendant. 

The insurmountable obstacle in the way of the 
defendant claiming a legal right to hold office in 
this State under the provisions of the Code is the 
fact that he was not a citizen of the State at the 
time of its adoption. The class of persons to 
which he belongs were not recognized by it as 
citizens, and therefore he is not included in any 
of its provisions which confer the right to hold 
office upon the class of citizens specified in the 
Code. The Code makes no provision whatever 
for colored citizens to hold office in this State; 
all its provisions apply exclusively to white citi- 
zens and to no other class of citizens. 

The convention which framed the present 
State constitution, and declared persons of color 
to be citizens, could have conferred the right upon 
them to hold office, but declined to do so by a 
very decided vote of that body, and went before 
the people claiming its ratification upon the 
ground that colored citizens were not entitled to 
hold office under it; and there can be no doubt 
that the people of the State voted for its ratifi- 
cation at the ballot-box with that understanding. 
But now it is contended that the defendant, 
though a colored person, is made a citizen of the 
Stale and of the United States, and that no en- 
abling act has ever been passed to allow a natu- 
ralized citizen to hold office in this State when he 
possessed the other requisite qualifications pre- 
scribed by law; that the defendant, ha,ving been 
made a citizen of the State, is entitled to hold 
office in the same manner as a naturalized citizen 
could do. The reply is, that naturalized citizens 
were white persons, and as such had a common- 
law right to hold office — a right founded upon 
immemorial usage and custom, which has existed 
so long that "the memory of man runneth not to 
the contrary." The 1644th section of the Code 
simply affirms the common law as to the right of 
a white citizen to hold office in this State. No 
such common-law right, however, can be claimed 
in this State in favor of persons of color to hold 
office. They have but recently become entitled 
to citizenship, and have never held office in this 
State. In 1848, in the case of Cooper and Wor- 
sham against The Mayor and Aldermen of the 
City of Savannah, (4 Ga. Reps, 72,) it was unani- 
mously held and decided by this court, tiiat free 
persons of color were not entitled to hold any 
civil office in this State. The naturalized white 
citizen can claim his common-law right to hold 
office in this State; the colored citizen cannot 
claim any such common-law right, for the rea- 
son that he has never exercised and enjoyed it; 
and that constitutes the difference betv/een the 
legal right of a naturalized white citizen to hold 
office in this State, and a person of color who has 
recently been made a citizen "since the adoption 
of the Code, and who is not embraced within its 
provisions." 
The one can claim his common-law right to 



hold office in the State, the other cannot ; and 
until the State shall declare by some legislative 
enactment that it is her will and desire that her 
colored citizens shall hold office under her author- 
ity, they cannot claim the legal right to do so, for 
we must not forget that the State is the fountain 
and parent of office, and may confer or refuse to 
confer the right to hold office upon any class of 
her citizens she may think proper and expedient. 
When a new class of persons are introduced 
into the body politic of the State and made citi- 
zens thereof, who cannot claim a common-law 
right to h^'.d office therein, it is incumbent on 
them to show affirmatively that such right has 
been conferred upon them by some public law of 
the State since they were made citizens thereof, 
to entitle them to have and enjoy such right. In 
other words, they must show the public law of the 
State enacted since they became citizens thereof, 
which confers the legal right claimed, before they 
can demand a judgment of the court in favor of 
such legal right. 

All male white citizens of the State, whether 
native born or naturalized citizens, (having the 
necessary legal qualifications,) have a common- 
law right to hold office in this State; and, in or- 
der to deprive them of that common-law right, a 
prohibitory statute is necessary. A naturalized 
citizen had a common-law right to hold the office 
of President of the United States; hence the pro- 
hibition in the Constitution of the United States. 
But colored citizens of the State, who have re- 
cently been made such, cannot claim a common- 
law right to hold office in the State, as no pro- 
hibitory statute is necessary to deprive them of 
aright which they never had under the common 
or statute law of the State. When, therefore, 
it is said that colored citizens have the right 
to hold office in the State, unless specially pro- 
hibited by law, it must be shown affirmatively 
that they had previously enjoyed that rig^it. If 
they cannot show their right to hold office in the 
State, either under the common law, the consti- 
tution, or statutes of the State, the fact that they 
are not specially prohibited from exercising a 
right which they never had amounts to nothing, 
so far as investing them with the right to hold 
office is concerned. 

When and where and by what public law of 
the State was the legal right to hold office there- 
in conferred on the colored citizens thereof? Ii 
this question cannot be answered in the affirma- 
tive, and the legal authority under which the 
right is claimed cannot be shown, then the argu- 
ment, that inasmuch as there is no special pro- 
hibition in the law against the right of colored 
citizens to hold office, falls to the ground. If 
there was no existing legal right to hold office 
to be prohibited, the fact that there is no prohi- 
bition does not confer such legal right. There 
was no legal necessity to prohibit that which did 
not exist. 

It is .ot the business or duty of courts to 
make the laws, but simply to expound and en- 
force existing laws which have been prescribed 
by the supreme power of the Slate. 

After the most careful examination of this 
question, I am clearly of the ojunion that there 
is no existing law of this Slate which confers the 
right upon the colored citizens thereof to hold 



474 



POLITICAL MANUAL. 



office therein, and, consequent!}', that the defend- 
ant has no legal right to hold and exercise the 
duties of the office which he claims under her 
authority, and that the judgment of the court 
below, overruling the demurrer, should be af- 
firmed. 

Intermarriage of White and Colored Persons in 
Georgia. 

Opinion of the Supreme Coukt of that State. 

Charlotte Scott, plaintiff in error vs. The State of Geor- 
gia, defendant in error. Indit'tment for adultery and 
fornication, from Dougherty county. 

Brown, C. J., delivering the opinion. 

The record in t'::.s case presents a single ques- 
tion for the consideration and adjudication of 
this court: Have white persons and persons of 
color the right, under the constitution and laws 
of Georgia, to intermarry, and live together in 
this State as husband and wife? 'i'he question 
is distinctly made, and it is our duty to meet it 
fairly and dispose of it. 

The Code of Georgia, as adopted by the new 
constitution, section 1707, forever prohibits the 
marriage relation between the two races, and 
declares all such marriages null and void. 

With the policy of this law we have nothing 
to do. It is our duty to declare what the law 
is, not to make law. For myself, however, I do 
not, hesitate to say that it was dictated by wise 
statesmanship, and has a broad and solid foun- 
dation in enlightened policy, sustained by sound 
reason and common sense. The amalgamation 
of the races is not only unnatural, but is always 
productive of deplorable results. Our daily ob- 
servation shows us that the offspring of these 
unnatural connections are generally sickly and 
effeminate, and that they are inferior in physical 
development and strength to the full blood of 
either race. It is sometimes urged that such 
marriages should be encouraged for the purpose 
of elevating the inferior race. The reply is, that 
such connections never elevate the inferior race 
to the position of the superior, but they bring 
dov. a the superior to that of the inferior. They 
are productive of evil and evil only, without any 
co"-esponding good. 

I dc not pro]iose to enter into any elaborate dis- 
cussion of the question of policy at this lime, but 
only to express my opinion alter mature consid- 
eration and reflection. 

The power of the legislature over the subject- 
matter, when the Code was adopted, will not, 
I suppose, be questioned. Tlie legislature cer- 
tainly had as much right toregulatrthe marriage 
relation, by prohibiting it between persons of 
different races, as they had to prohibit it be- 
tween persons within the levilical degrees, or 
between idiots. Both are neces.snry and ]>roper 
regulations. And the regulation now under con- 
sideration is equally so. 

But it has been urged by the learned counsel 
for the plaintiff in error, that tiie section of the 
Code under consideration is in conflict with the 
eleventh sectio < of the first article of the con- 
stitution of lliis Slate, which declares that " the 
social status of the citizen shall never be the 
subject of legislation." 

In so far as the marriage relation is connected 



with the social status, the very reverse is true 
That section of the constitution forever pro- 
hibits legislation of any character regulating 
or interfering with the social status. 

It leaves social rights and status wnere it 
finds them. It prohibits the legislature from 
repealing any laws in existence which protect 
persons in the free regulation among themselves 
of matters properly termed social, and it also 
prohibits the enactment of any new laws on 
that subject in future. 

As illustrations, the laws in force when the 
constitution was adopted left the churches in 
this State free to regulate matters connected 
with social status in their congregations as 
they thought proper. They could say who 
should enter their church edifices and occupy 
seats, and in what order they should be classi- 
fied or seated. They could say that females 
should sit in one part of the church and males 
in another; and that persons of color should, if 
they attended, occupy such seats as were set 
apart for them. In all this they were protected 
by the common law of this State. The new con- 
stitution forever guarantees this protection, by 
denying to the legislature the power to pass 
any law withdrawing it or regulating the social 
status in such assemblages. 

And I may here remark, that precisely the 
same protection is guaranteed to the colored 
churches, in the regulation of social status in 
their assemblages, which is afforded the whites. 
Neither can ever intrude upon the other, or 
interfere with social arrangements without their 
consent. 

The same is true of railroad and steamboat 
companies and hotel keepers. By the law in 
existence at the time the constitution was 
adopted, they were obliged to furnish comforta- 
ble and convenient accommodations, to the 
extent of their capacity to accommodate, to all 
who applied, without regard to race or color. 
But they were not compelled to put persons of 
different races or of different sexes in the same 
cars or in the same apartments, or seat them at 
the same table. This was left to their own dis- 
cration. They had power to regulate it accord- 
ing to their own notions of prop.iety, and to 
classify their guests or passengers according to 
race or sex; and to place them at hotels in dif- 
ferent houses or different parts of the same house; 
or on railroads, in different cars; or on steam- 
boats, in different parts of the vessel; and to 
give them their meals at different tables. When 
they had made public these regulations, all per- 
sons patronizing them were bound to conform to 
them, and those who did not like their regula- 
tions must seek accommodations elsewhere. 
There was no law to compel them to group to- 
gether, in social connection, persons who did 
not recognize each otlier as social equals. 

To avoid collisions and strife, and to preserve 
peace, harmony, and good order in society, the 
new constitution has wisely prohibited the legis- 
lature from enacting laws compelling tiiese com- 
panies to make new social arrangements among 
their patrons, or to disturb those in existence. 
The law shall stand as it is, says the constitu- 
tion, leaving each to regulate such matters as 
they think best, and there shall be no legislativo 



JUDICIAL DECISIONS, ETC. 



475 



interference. All shall be comfortably accom- 
modated, but you shall not be compelled by law 
to force social equality, either upon your trains, 
your boats, or ia your hotels. 

The same remarks apply to the regulation of 
social status among families, and to the social 
intercourse of society generally. 

This, in my ojiinion, is one of the wisest pro- 
visions in tlie constitution, as it excludes from 
fclie halls of the legislature a question which was 
likely to produce more unprofitable agitation, 
wrangling, and contention than any other subject 
within tlie whole range of their autliority. 

Government has full power to regulate civil 
and political rights, and to give to each citizen 
of the State, as our Code has done, equal civil 
and equal political rights, as well as equal pro- 
tection of the laws. But government has no 
power to regulate social status. Before the laws 
the Code of Georgia makes all citizens equal, 
without regard to race or color ; but it does not 
create, nor does any law of the State attempt to 
enforce, moral or social equality between the dif- 
ferent races or citizens of the State. Such equal- 
ity does not in fact exist and never can. The 
God of nature made it otherwise, and no human 
law can produce it, and no human tribunal can 
enforce it. There are gradations and classes 
throughout the universe. From the tallest arch- 
angel m heaven down to the meanest reptile 
on earth moral and social inequalities exist, and 
must continue to exist throughout all eternity. 

While the great mass of the conquering people 
of the States which adhered to the Union dur- 
ing the late civil strife have claimed the right 
to dictate the terms of settlement, and have 
maintained in power tliose who demand that the 
people of the States lately in rebellion shall ac- 
cord to the colored race equality of civil rights, 
including the ballot, with tlie same protection 
under the law which is offered the white race, 
they have neither required of us the practice of 
miscegenation, nor have they claimed for the 
colored race social equality with the white 'race. 
The fortunes of war liave compelled us to yield 
to the freedinen the legal rights above ojen- 
tioned, but we have neither authorized nor legal- 
ized the marriage relation between the races, nor 
have we enacted laws or placed it in the power 
of the legislature hereafter to m?.ke laws regard- 
ing the social status, so as to compel our people 
to meet the colored race on terms of social equal- 
ity. Such a state of things could never be de- 
sired by the thoughtful and reflecting portion of 
either race. It could never promote peace, quiet, 
or social order in any State or community. No 
such laws are of force in any of the northern 
States, so far as I know, and it is supposed no 
considerable part of the peojde of any State de- 
sires to see them enacted. Indeed, the most abso- 
lute and despotic governments do not attempt 
to regulate social status by fixed laws, or to 
enforce social equality among races or classes 
without their consent. 

As already stated, we are of the opinion that 
the section of the Code which forbids intermar- 
riages between the races is neither inconsistent 
with, nor is it repealed by, the section of the con- 
stitution now under consideration. It therefore 
stands upon the statute-book of the State forever 



prohibiting all such marriages, and declaring 
them to be 7iuU and void. 

Let the judgment of the court below be 
affirmed. 

Opinion of Attorney General Hoar as to the Ju- 
risdiction of Military Commissions in Texas. 

Attoeney General's Office, 

May 31,1869. 
Hon. John A. Rawlins, 

Secretary of War. 

Sir: Your letter of March 24, 1869, submit- 
ting for my opinion as to proper action to be had 
in the premises in the case of James Weaver, a 
citizen of Texas, who was tried before a military 
commission appointed by the commanding gen- 
eral of the fifth military district, under autliority 
of section 3 of the act of March 2, 1867, to pro- 
vide for the more efficient government of rebel 
States, and found guilty of murder and sentenced 
to be hanged, the record having been forwarded 
for the action of the President, as required by 
section 4 of said act, and returned by him to 
your department upon the 1st day of February 
last, without any action upon the same, was re- 
ceived on the 26th March last. 

The grave importance of the questions in- 
volved required such careful and deliberate con- 
sideration, that, under the pressure of other 
official duties, I have not been able, until this 
time, to give it suflicient attention. Having 
now carefully 6»xamined it, I proceed to state the 
conclusions to which I have arrived from the pa- 
pers accompanying your letter. It appears that 
James Weaver, a citizen of Bastrop county, in 
Texas, was indicted for murder in that county. 
By request of J. J. Thornton, district judge of 
the second district in Texas, made to General 
P^eynolds, the commander of the fifth military 
district, accompanied by statement that a trial 
could not probably be had in the State courts, 
and asking that he may be tried by the military 
authorities, a military commission was organ- 
ized at Austin, Texas, before which, on the I7th 
of September, 1868, and days following, Weaver 
was arraigned and tried. He was defended by 
counsel and found guilty, and sentenced to be 
hanged, and the question on v/hich you wish my 
opinion seems to be this: Whetiier the general 
commanding the fifth military district had au- 
thority to take a man from a civil power and try 
him by military law, or, in other words, whether 
a military commission in Texas, in September, 
1868, had Jurisdiction over a citizen, not in the 
naval or military service, charged with the mur- 
der of another citizen, and under indictment and 
arrest therefor. From the letter of Judge Thorn- 
ton to General Reynolds, above referred to, which 
is made a part of the record in this case, it ap- 
pears Weaver was under indictment in tlie dis- 
trict court for the second judicial district of 
Texas for murder, and that the civil courts were 
so badly situated and managed that if left with 
them no trial could probably be had. Excep- 
tions to the jurisdiction of the commission were 
filed by Weaver, who objected, firstly, that he 
was entitled to a trial by jury; secondly, that 
the Constitution of the United States provides 
that no person shall be twice put in jeopardy of 
life or limb for the same offence, that the offence 



476 



POLITICAL MANUAL. 



with which he was charged belonged entirely to 
the civil courts of the State of Texas, and that 
he would be unable to plead the finding of the 
commission in bar in the district court in Bas- 
tro[> county; thirdly, that before the date of the 
order convening tlie commission he was under 
indictment in civil courts and was under arrest 
to await trial therein, and that the said indict- 
ment for the same offence was still pending against 
him; fourthly, because the district court of Bas- 
troy county was fully organized and prepared to 
pass upon all cases brought before it ; fifthly, be- 
cause lie, the said Weaver, was a citizen, not con- 
nected with the army of the United States, and 
deceased was also a citizen. These exceptions 
were overruled by the commission. The statute 
of March 2, 1867, entitled "An act to provide for 
the moreefficientgovornmentof the rebel States," 
declares in its prea.^ble that no legal State gov- 
ernments or adequate ptrotection for life or prop- 
ert}' then existed in the rebel States therein enu- 
merated, including among them the State of 
Texas, and that it was necessary that peace and 
good order should be enforced in said States until 
loyal and republican State governments could 
be legally established: it is therefore enacted, 
that said rebel States should be made into mili- 
tary districts, and made subject to the military 
authority of the United States, as thereinafter 
prescrioed; that it should be the duty of the 
President to assign to the command of each of 
said districts an officer of the army, and to detail 
a sufficient military force to enable such officer 
to perform his duties and enforce his authority 
in the district to which he was assigned. The 
3d and 4th sections of said act are as follows: 

"Sec. 3. And be it further enacted. That it 
shall be the duty of each officer assigned as 
aforesaid to protect all persons in their rights of 
person and property; to suppress insurrection, 
disorder, and violence, and to punish, or cause 
to be punished, all disturbers of the public 
peace and criminals; and to this end he may 
allow local civil tribunals to take jurisdiction 
of and to try offenders; or, when in his judg- 
ment it may be necessary for the trial of offend- 
ers, he shall have power to organize military 
commissions or tribunals for that purpose; and 
all interference under the color of State author- 
ity with the exercise of military authority under 
this act shall be null and void. 

" Sec. 4. And be it further enacted, That all 
persons put under military arrest by virture of 
this act shall be tried without unnecessary de- 
lay, and no cruel or unusual punishment shall 
he inflicted; and no sentence of any military 
commission or tribunal hereby authorized, affect- 
ing the life or liberty of an)' person, shall be 
executed until it is approved by the officer in 
command of the district. And the laws and 
regulations for the government of the army 
shall not be affected by this act except in so far 
as they conflict with its provisions: Provided, 
Tiiat no sentence of death under the provisions 
of tliis act shall be carried into effect without 
the approval of the President." 

The act also provided that its provisions should 
become inoperative when the Slates had adopted 
constitutions approved by Congress and senators 
and representatives were admitted therefrom; 



and that until the people of said States sliould be 
by law admitted to representation in Congress, 
any civil governments which may exist therein 
shall be deemed provisional only, and in all re- 
spects subject to the paramount auiliorily of the 
United Slates at any lime to abolish, modify, 
control, or supersede the same. As the State of 
Texas had not in September, 1868, and has not 
since, adopted a constitution in conformity with 
the provisions of the act, and has not become 
entitled to representation in the Congress of the 
United States, the act was operative in Texas at 
the time the military commission was organized 
for the trial of Weaver, and the comnjiinding 
general exercised this discretion intrusted to him 
by 3d section, by deciding that it was necessary 
for the trial of an offender to organize a military 
commission for that purpose. If, therelbie, this 
statute of March 2, 1867, is a constitutional and 
valid statute, it then appears the jurisdiction of 
military commissions was complete, and that 
there is no legal obstacle to the execution of it? 
sentence. It is obvious, in the first [ilace, that, 
under the Constitution, the United States Con- 
gress has no riglit to subject any citizen of a State 
to trial and punishment by military power in 
time of peace ; but the power to declare war is, by 
the Constitution, expressly vested in Congress ; it 
has also power to suppress insurrection, and to 
make all laws necessary and proper for carrying 
into execution all the powers vested by the Con- 
stitution in the Government of the United States, 
or in any department or office thereof. The 
power to declare war undoubtedly includes not 
only the power to commence a war, but to 
recognize its existence when commenced by 
others; to declare that there is a war, and 
thereupon to make provision for waging war; 
to determine, so far as the nation can assert and 
enforce its will, how long the war shall continue 
and when peace is restored. The Constitution 
has made no provision in terms for a rebellion of 
the magnitude of that which has occurred, in- 
volving destruction of all the legitimate and con- 
stitutional governments in the States of the 
Union and involving a war between those States 
and the national Government. But the Consti- 
tution is a frame of government, and clearly 
implies the endowment of that Government with 
all powers necessary to maintain its own exist- 
ence and the vindication of its authority within 
the scope of its appropriate functions. Wiien 
war was waged upon the United States b)' States 
of the Union as organized communities. Con- 
gress could and must recognize tlie existence 
of that war, and apply itself, by the means be- 
longing to war, to the vindication of the na- 
tional authority, tlie preservation of the national 
territory, and the restoration of a republican 
government, under tlie national Constitution, 
in each of the rebellious States. As was said 
by the Supreme Court in the Prize Cases, (2 
P)hick, p. 673,) it is a proposition never doubted, 
that the belligerent party who claims to be sov- 
ereign may exercise both belligerent and sove- 
reign riglita. The territory possessed by the 
rebels might lawfully and constitutionally be 
treated by the United States as enemies' territory. 
In the language of the court, in the same case, all 
persons residing within this territory, whose pro- 



JUDICIAL DECISIONS, ETC. 



perty may be used to increase the revenues of 
the hostile power, are in this contest liable to 
be treated as enemies, though not foreigners. 
They have cast off their allegiance and made war 
on their Government, and are none the less ene- 
mies because they are traitors. Where all law- 
fitl governments have been extinguished by the 
rebellion on the theatre of active military opera- 
tions, where war really prevailed, there is a ne- 
cessity to furnish a substitute for the civil author- 
ity thus overthrown, to preserve the safety of the 
army and society ; and as no power is left but the 
military, it is allowed to govern by martial rule 
until the laws can have their free course. The 
right to govern by military law under such cir- 
cumstances was fully conceded in the opinion of 
the Supreme Court of the United States in ex parte 
Milligan, (4 Wall., p. 127.) The test is there sug- 
gestec^ that the right to govern by military power 
depends upon the fact that the courts are ac- 
tually closed, and that it is impossible to admin- 
ister criminal justice according to law. But 
while the war continues, although military power 
may be the only government in territory held by 
force of arms, the military commander may 
make use of such local tribunals already existing 
as he may find it convenient to employ in sub- 
jection to his paramount authority. It then 
remains to consider: First, whether the State of 
Texas has been, during rebellion, so deprived of 
all constitutional and lawful government as a 
State, and so in armed hostility to theGovernment 
of the United States, as to be subject to military 
law when possession of her territory was regained 
by the military power of the United States; and, 
secondly, whether the right to hold and govern 
the Slate by military power has terminated. To 
the first question there can be but one answer, 
la language of Chief Justice Chase, in Texas vs. 
White et al., decided at the present term of the 
Supreme Court, no one has been bold enough to 
contend that, while Texas has been controlled by 
a government hostile to the United States and in 
affiliation with a hostile confederation waging 
war upon the United States, senators chosen by 
her legislature or representatives elected by her 
citizens, were entitled to seats in Congress, or 
that any suit instituted in her name would be en- 
tertained in this court. All admit that during this 
condition of civil war the right of the State as a 
member, and of her people as citizens, of the 
Union, was suspended. The government and the 
citizens of the State, refusing te recognize their 
constitutional obligations, assumed the character 
of enemies, and incurred the consequences of 
rebellion. The second question is one of more 
importance and difficulty. Having suppressed 
the rebellion as far as it was maintained by an 
armed force, it became the duty of Congress to 
re-establish the broken relations of the State 
■with the Union ; and the same authority which 
recognized the existence of the war is, in my 
judgment, the only authority having the consti- 
tutional right to determine when, for all pur- 
poses, the war has ceased. The rights of war do 
not necessarily terminate with the cessation of 
actual hostilities. I can have no doubt that it is 
competent for the nation to retain the territory 
and the people which have once assumed a hos- 



tile and belligerent character (within the grasp 
of war) until the work of restoring the relations 
of peace can be accomplished; that it is for Con- 
gress, the department of the national Govern- 
ment to which the power to declare war is in- 
trusted by the Constitution, to determine when 
the war has so far ended that this work can be 
safely and successfully completed. The act of 
Congress of March 2, 1867, is, in my opinion, a 
legislative declaration that in Texas the war, 
which sprang from the rebellion, is not, to all ■ 
intents and purposes, ended; and that it shall be 
held to continue until, in conformity with the 
legislative will, a State government republican 
in form and subordinate to the Constitution and 
laws of the United States, for which the act 
makes provision, shall have been re-established. 
It is true that in several acts of Congress the 
suppression of the rebellion and the end of the 
war have in express terms or by implication 
been recognized, but it will be found on exam- 
ination that these phrases have been used in 
regard to special subjects, which do not seem 
to me inconsistent with the proposition that for 
some purposes the rights of war are not ended; 
while, in respect to captured and abandoned 
property, a limitation of the right to commence 
suits in the Court of Claims has been fixed by 
statute, and for the purpose of settling the ques- 
tion of the pay of officers in the volunteer army 
the date of the President's proclamation declar- 
ing the insurrection at an epd has been adopted 
to interpret the phrase " close of the war." 

It does not seem to me inconsistent with either 
of these enactments that Congress should declare 
that the States whose civil governments have 
been destroj^ed should continue under military 
authority until such governments could be re- 
stored. Every act of Congress is to be presumed 
to be constitutional unless the contrary plainly 
appears. It is to be also presumed that Congress 
will provide for the restoration, through consti- 
tutional government, of the rebellious States, as 
speedily as in its judgment the public safety 
will allow; but until civil authority is restored, 
and the rights of persons and property can be 
protected in the region which has been the thea- 
tre of war by organized governments, the direc- 
tion by Congress to employ a military force 
to give that protection and preserve the peace 
would seem to be the only alternative with an- 
archy. It appears by the papers submitted that 
the trial of Weaver before the military commis- 
sion was fairly and carefully conducted, and 
that the murder of which he was convicted waa 
wanton and cruel. A freedman who had been 
at work for Weaver, having chosen to leave his 
employment to go to work for another man, went 
to him in a field near his house on that morning 
to ask for the wages which were due him. Wea- 
ver seized an ox-band, beat him severely with 
that, and then sent his hired man to his house 
for a double-barreled gun, loaded with buckshot, 
and on his return with it shot the freedman 
throBgh the head, killing him instantly. There 
appears to have been neither provocation nor 
resistance; and this atrocious act was committed 
in the sight of the wife of the man murdered, 
who stood by her own door. The finding of the 



478 



POLITICAL MANUAL. 



commission has been approved by the military 
commander, and has been certified to be regular 
and proper by the Judge Advocate General. I 
ind no reason in law tor the President's with- 



holding his approval. The papers wliicli v.o 
sent me are returned herewith. 
Very respectfully, your obedient servant, 
E. R. HoAB, Attorney General. 



XLVl. 



STATE PLATFORMS OF 1869.* 

CALIFORNIA, IOWA, MISSISSIPPI, OHIO, PENNSYLVANLl, VERMONT, VIRGINIA, 
WASHINGTON TERRITORY. 



CALIFORNIA. 

Republican, July 22, 1869. 

Resolved, That the Republican party of Cali- 
»ornia gives its earnest support to the admin- 
istration of President Grant, and do hereby 
endorse the acts and policy of his administra- 
tion. We recognize the earnest effort of the 
Government to secure an economical adminis- 
tration of its affairs, to reduce expenses, to 
honestly pay the national debt, to prevent pec- 
ulation and fraud upon the treasury, to enforce 
the collection of the revenue, and to cause the 
speedy restoration of public confidence in our 
financial strength and integrity. 

2. Tliat the negro question has ceased to be 
an element in American politics, and that the 
ratification of the XVth amendment to the Con- 
stitution ought to be followed by an act of 
universal amnesty and enfranchisement of the 
southern people. 

3. That we regard with pride and satisfaction 
the evidences of an increasing immigration to 
this State of industrious and intelligent people 
from the Atlantic States and Europe, with whom 
we are anxious to share the benefits of a fruit- 
ful soil, a genial climate, and an advancing 
civilization; but, while giving preference to the 
immigration of people of our own race, we hold 
that unoffending emigrants from China to this 
State are entitled to full protection for their lives, 
libf^rty, and property, and due process of law to 
enforce the same, but we are opposed to Chinese 
suffrage in any form, and to any change in the 
naturalization laws of the United States. 

4. That we recognize the power of the general 
Government to restrict or prevent Chinese im- 
migration whenever the welfare of the nation 
demands such a measure, by terminating our 
commercial relations with China, but it should 
be considered that the adoption of a non-inter- 
course policy in respect to China surrenders to 
Europe the commerce of the empire of Asia. We 
believe that the general prosperity will be great- 
ly enhanced by fostering commercial intercourse 
with Asia, and that the closing of our ports at this 
time against Chinese would be most injurious to 



the material interests of this coast, a reproach 
upon the intelligence of the American people, 
and contrary to the spirit of the age. 

5. That the Republican party having ever 
had in its especial keeping the rights of labor 
and of the laborer, and removed therefrom the 
blighting curse of slavery, and inaugurated a 
new era, in which the wages of labor have 
greatly advanced, while the hours therefor have 
been correspondingly diminished, claim to have 
originated in this State and steadily supported 
what is known as the "eight-hour law," the 
sound policy of which has been proclaimed by 
a Republican Congress, and by a proclamation of 
a Republican President made applicable to the 
public works of the United States. 

6. That we endorse the action of the Senat-e 
of the United States in rejecting the so-called 
''Alabama treaty," and consider it the duty of 
the general Government to demand full repara- 
tion for the injuries inflicted by the British 
Government and her people upon our commerce 
during the late rebellion. 

7- That we are in favor of imposing upon 
all kinds and classes of taxable property in the 
State an equal share of the burdens of taxation, 
and to that end favor the organization of a 
State board of equalization or review, that the 
inequalities now existing under the present 
system of assessment and collection of the State 
revenues may be avoided. 

8. That we are opposed to grants of State aid 
to railroads, and are in favor of limiting taxation 
to the amount of revenues absolutely requisite 
to pay the actual expenses of the State Govern- 
ment, and to maintain the financial credit of the 
Slate. 

9. That we hail with joy the return of peace, 
and the promising signs of an increasing de- 
velopment of the country and the permanent 
prosperity of the whole people. We earnestly 
invite the cooperation at the ballot-box of all 
who agree to the foregoing declarations, regard- 
less of old party ties or previous differences 
of opinion upon the now settled questions of 
slavery, rebellion, reconstruction, and negro 
suffrage. 



•It is deemed inadvisable to enlarge this chapter and volume by presenting all the State platforms. Such 
only are given as are of most significance and recent date. 



STATE PLATFORMS. 



47D 



Democratic, June 29, 1869. 

Whereas upon the eve of a political canvass 
the time-honored usages of our party require 
that a platform of principles be announced for 
the government of those who may be elected to 
political ofHce ; and whereas new questions liave 
arisen since the meeting of the last Democratic 
convention, making such action eminently prop- 
er: therefore, 

Resolved, ThattheDemocracy of California now 
and always confide in the intelligence, patriot- 
ism, and discriminating justice of the white peo- 
ple of the countr}' to administer and control their 
Government, without the aid of eitlier negroes or 
Chinese. 

2. That the Democratic party view with alarm 
the action of an unscrupulous majority in Con- 
gress in their attempts to absorb the powers of the 
executive and judicial departments of the federal 
Government, and to annihilate the rights andfunc- 
tions reserved to the State Governments. 

3. That the subjection of the white population 
of the southern States to the rule of a mass of ig- 
norant negroes, their disfranchisement, and the 
denial to them of all tliose sacred rights guaran- 
teed to every freeman, is an outrage and a wrong 
for which the history of free governments in mod- 
ern times may be searched in vain for a parallel. 

4. That the Democratic party is opposed to 
the policy of lending the credit of the State and 
squandering tiie State property upon railway or 
other corporations, to the detriment of the public 
interests, and the overwhelming increase of the 
State debt and taxation. 

5. That the Democratic party ever has been, 
is now, and ever will be, the champion of the 
rights of the mechanic and workingman ; that 
all the reforms having for their object the reduc- 
tion of the hours of his labor, the enlargement 
of his privileges, and the protection of his per- 
sonal liberty, have ever been demanded, enacted, 
and enforced by the Democracy ; that we point 
with pride to the fact that in California it was 
the Democratic element in the legislature that 
passed and a Democratic governor tiiat apyiroved 
the eight hour law, and that we pledge ourselves 
to use our utmost exertions to carry the provis- 
ions of that law into full force and efiect, as well 
as to labor in other directions for the cause of 
the sons of toil. 

6. That we are opposed to the adoption of the 
proposed XVth amendment of the United States 
Constitution, believing the same to be designed, 
and if adopted, certain to degrade the right of suf- 
frage , to ruin the laboring wliite man, by bring- 
ing untold hordes of Pagan slaves (in all but 
name) into direct competition with his efforts to 
earn a livelihood; to build up an aristocratic 
class of oligarchs in our midst, created and 
maintained by Chinese votes; to give the negro 
and Chinaman the right to vote and hold oiSce; 
and that its passage would be inimical to the 
best interests of our country, in direct opposition 
to the teachingsof Washington, Adams, Jefferson, 
andtlieother founders of the republic; in flagrant 
violation of the plainest principles upon which 
the superstructure of our liberties was raised, 
subversive of the dearest rights of the different 
States, and a direct step toward anarchy and its 



natural sequence, the erection of an empire upon 
the ruins of constitutional liberty. 

7. That the Democracy of California believe 
that the labor of our white population should 
not be brought into competion with the labor 
of a class of inferior people, whose living costs 
comparatively nothing, and who add nothing 
to the wealth of our churches, schools, societies, 
and social and political institutions. 

8. That we arraign the Radical party for its 
profligacy, corruption, and extravagance in pub- 
lic expenditures; for its tyranny, extortion, and 
dtsfranchisement ; for its contempt of constitu- 
tional obligations; for placing the city of W\ash- 
ington in the hands of semi-civilized Africans; 
and we particularly condemn the appointment of 
healthy and able-bodied negroes to office while 
the land is filled with capable white citizens who 
are suffering for the common necessaries of life. 

9. That we heartily endorse and approve of 
the manner in which the Democracy have ad- 
ministered the State government, and point 
with pride to the acts to protect the wages of 
labor, to lessen public and ofScial expenses, and 
to the fact that, during the present State admin- 
istration, the State debt has been reduced nearly 
$1,000,000, and taxation reduced from $1 18 on 
$100 to 97 cents. 

10. That the so-called Alabama treaty having 
been rejected by the treaty-making power of 
the Government, the Democratic party, true to 
its record as the only political party which on 
such issues has uniformly proved itself faithful 
to our own country, will now, as heretofore, be 
found ready to sustain all measures demanded 
by the honest dignity and rights of the repub- 
lic in its relations with all foreign Powers. 

11. That all voters in the State of California 
who are opposed to the radical measures of Con- 
gress, including the proposed XVih amend- 
ment to the Constitution of the United States, 
and who are opposed to the appointment of 
negroes to office, be invited to unite with the 
Democracy in the coming contest. 

12. That the Western Union Telegraph Com- 
pany, which controls all the wires connecting 
the Atlantic with the Pacific, has, in instituting 
a tariff designed to give a virtual monopoly of 
eastern news to a few newspapers of one politi- 
cal party in this State, been guilty of a great 
public wrong, has betrayed the trust confided to 
it, and effectually restricted the liberties of the 
press, and that its action in this regard calls 
loudly for such legislative interference as shall 
prohibit discriminations, prevent the use of the 
telegraph as a political engine, and make it, 
like the mails, free to all. 

13. That Hon. Eugene Casserly, by his manly 
and statesmanlike course in the United States 
Senate, deserves the confidence of the people of 
the State of California. 

IOWA. 

Republican, June 10, 1869. 

Resolved, That we cordially endorse the ad- 
ministration of Governor Merril as wise, eco- 
nomical, and honest, and that it deserves, as i! 
has received, the hearty approval of the people 
of Iowa. 



480 



POLPflCAo. MANUAL. 



2. That we insist upon a coiiiinuance of strict 
and close economy in all uepartments of our 
State government, in order to the mainlc-nance 
oftheliaj'i y and untxceptonal financial condition 
to wtich our State has attained under Republican 
rule. 

3. That the moans now in the State treasury, 
and wiiich may become available, ought to be 
u?ed for the purpose of defraying the necessary 
expenditures of the State government economi- 
cally administered, and for no other purposes; 
and no State taxes, or only the minimum abso- 
lutely required, should be levied or collected 
until such means are exhausted, to the end that 
the burden of taxation may be made as light as 
possible. 

4 That we rejoice in the glorious national 
victory of 1868, which has brought peace and 
happiness and [irosperity to our nation, and we 
heartily endorse the administration of General 
Grant. 

5. That the Republican party of Iowa, being 
among the first since the rebellion to incorporate 
in a Stale constitution the great principle of im- 
partial suffrage, cordially accepts the opportunity 
presented by adopting the XVth amendment to 
the Constitution of the United States of making 
the [irinciple national. 

6. That the ymblic expenditures of the national 
Government should be reduced to the lowest sum 
which can be reached by a system of the most 
rigid economy; that no money should be taken 
from the national Treasury for any work of 
internal improvement, or for the erection of any 
public buildings not clearly necessary to be made 
or erected until the national debt is paid or 
greatly reduced; that all the money tliat can be 
saved from the national revenue honestly col- 
lected should be applied to the reduction of the 
national debt, to the end that the people may be 
relieved from the burden of taxation as rapidly 
as practicable. 

7. That we endorse and p.pprove the policy 
which the present Secretary of the Treasury of 
the United States has pursued. 

Democratic, July 14, 1869. 

Whereas upon the eve of a political canvass 
the time-honored usage of our party requires 
that a platform of principles be announced for 
the government of those who may be elected to 
office: 

Resolved, That the Democratic party view 
with alarm the action of an unscrupulous ma- 
jority in Congress, in their attempt to absorb 
the powers of the executive and judicial depart- 
ments of the Government, and to annihilate the 
rights and functions reserved to the State gov- 
ernments. 

2. That we favor a reform in the national 
banking system looking to an ultimate abolish- 
ment of that pernicious plan for the aggrandize- 
ment of a few at the expense of the many. 

3. That now, as in times past, we are opposed 
to a high protective tariff, and that we will use 
every effort to prevent and defeat that system 
of national legislation which would enrich a 
Bmall class of manufacturers at the expense of 
the great mass of producers and consumers, and 
that we are in favor of such reforms in our tariff 



system as shall promote commerce with every 
nation of the world. 

4. That the pretended trial, conviction, and 
execution of persons not belonging to the mili- 
tary of naval service of the United States, by 
military commission, is in direct conflict with 
the Constitution, and we denounce the same as 
unworthy of a free people, and disgraceful to 
the American Government. 

5. That we demand no more, and will submit 
to nothing less, than the settlement of the Ala- 
bama claims according to the recognized rules 
of international law, and that we declare it to 
be the duty of the government to protect every 
citizen, whether naturalized or native, in every 
right of liberty and yiroperty throughout the 
world, without regard to the pretended claims 
of foreign nations to their allegiance. 

6. That we are in favor of, and insist upon, an 
economical administration of the national and 
State Governments, that the people may be as 
speedily as possible relieved from the load oJ 
taxation with which they are now oppressed, 
and that the public officers should be held to a 
strict accountability to the people for all their 
official acts. 

7- That a national debt is a national curse, 
and that while we favor the payment of our 
present indebtedness according to the strict 
letter of the contract, we would rather repudi- 
ate the same than see it made the means for the 
establishment of an empire upon the ruins of 
constitutional law and liberty. 

8. That in the opinion of this convention the 
so-called Maine liquor law, that now disgraces 
the statute-books of the Stale of Iowa ought to 
be repealed at the earliest possible moment. 

The following resolutions were offered and 
rejected: 

Besolved, That we are in favor of the repeal 
of the present prohibitory liquor law, believing 
it inadequate to accomplish the purposes de- 
signed by it, and as a substitute for the same 
we are in favor of the enactment of a stringent 
license law. 

2. That we are opposed to the proposed 
XVth amendment to the Federal Constitution. 

MISSISSIPPI. 

Republican, July 2, 1869. 

The Republicans of Mississippi, iu convention 
assembled, in a sjiirit of amity and peace toward 
their opponents, and of justice to themselves, 
make the following declaration of juinciples and 
policy: 

1. Unfaltering devotion to the Union, first, 
last, and forever. 

2. Faith in and fidelity to the principles, ob- 
jects, and aims of the great national Republican 
party, with which and with the President and 
Congress we are in full accord and sympathy. 

3. A fair, impartial, just, and economical ad- 
ministration of the Government, national and 
State. 

4. Full and unrestricted right of speech to all 
men, at all times and all places, with the most 
complete and unrestrained freedom of the ballot, 
including protection to citizens in the exercise 
of the suffrage. 



STATE PLATFORMS. 



481 



5. A system of free schools which shall place 
the means of liberal education within the reach 
of every child in the State. 

6. Reformation of the iniquitous and unequal 
taxation and assessments which, discriminating 
against labor and laborers, have borne so un- 
justly and unequally upon the people. 

7. That all men, without regard to race, color, 
or previous condition, are equal before the law; 
and that to be a freeman is to possess all the civil 
and political rights of a citizen, are not only en- 
during truths, but the settled and permanent 
doctrines of the Republican party. 

8. This convention recognizes but two great 
national parties; tiiat under the administration 
of the one, the material and industrial resources 
of the country will languish, whilst under the 
liberal and fostering care of the national Republi- 
can party, commerce, manufactures, and internal 
improvements by the General Government will 
surely make the people of Mississippi what 
nature, soil, and climate intend they should be 
— 'rich, prosperous, and contented. 

9. Recognizing as peculiarly American and 
republican the sentiment that the true basis of 
government is the "consent of the governed," 
which, in a republic, is expressed through the 
ballot-box, we, in the language of the Chicago 
platform, " favor the removal of the disqualifi- 
cations and restrictions imposed upon the late 
rebels in the same measure as the spirit of dis- 
loyalty may die out, and as may be consistent 
with the safety of the loyal people ;" and we 
shall hail with unfeigned delight the day when 
the spirit of toleration now dawning upon our 
State shall be so firmly established as to warrant 
Congress and the nation in declaring disabilities 
and restrictions forever at an end — when there 
shall be no citizen of Mississippi clamoring for 
his rights. 

10. Thatthe present modified condition of pub- 
lic sentiment in this State renders it wise and 
expedient that the Republican party should em- 
brace the opportunity' which is to be presented 
in the approaching election of ratifying the new 
constitution, so far modified in the franchise and 
general provisions thereof as to conform to the 
Constitution of the United States and the recon- 
struction laws; and that, as soon as Mississippi 
shall be fully reconstructed, according to the true 
intent of the laws, all disabilities imposed upon 
the late rebels should be entirely removed. 

11. That we favor the prompt ratification by 
this State of article XV as an amendment to the 
Constitution of the United States at the earliest 
practicable opportunity. 

12. We declare for universal amnesty and uni- 
versal suffrage, the enlightened spirit of the age 
demanding that the fossil remains of proscription 
must be numbered with the things of the past. 

13. The languishing condition of our State, 
notwithstanding her genial climate and produc- 
tive soil, capable of sustaining and inviting a 
population of 15,000,000, reminds us not only 
of the necessity of reconstruction on a proper 
basis, but of the need of immigration. Schemes 
designed for class immigration, such as laborers 
only, or favoring one section, or country, or peo- 
ple, or portions of people, over another, on ac- 
count of political or any other causes, will meet 

31 



with no success ; plans to increase our popula- 
tion must embrace all countries, climes, people, 
professions, politics, and religious beliefs; any 
plan stopping short of this, or hesitating to give 
a practical, earnest, cordial welcome to settlers, 
without regard to race, color, locality, politics, 
or religion, will meet with merited failure, be- 
cause indicating the existence of bigotry and 
intolerance. 

14. We recognize in General Grant the chosen 
leader of our party and cause, as well as the rep- 
resentative man of the age. As Washington was 
in his time, so is Grant now "first in war, first 
in peace, and first in the hearts of his country- 
men." Through his election, peace, toleration, 
and prosperity at last dawn upon Mississippi, 
and ere long throughout these States the old flag 
and the ancient principles he and it represent, 
will be respected, adopted, and adored. The 
magic words, "Let us have peace," possess a 
power, and have a mission, which will embrace 
the whole world, and will cease only with time. 

15. We endorse and adopt his language, " that 
the question of suffrage is one which is likely to 
agitate the public so long as a portion of the 
citizens of the nation are excluded from its priv- 
ileges," and, in his own words, we "favor such 
constitution and laws as will efifectually secure 
the civil and political rights of all persons," a 
consummation we devoutly desire at the earliest 
practicable moment, with safety and justice to 
all. 

16. We confide in and will support Major Gen- 
eral Adelbert Ames, military commander and 
governor of this State. We look to him as the 
representative of the President and of Congress, 
and regard him as able and firm in peace as in 
war; his quiet yet decided administration com- 
mands our confidence and admiration. For his 
order relieving the poor of a heavy burden and 
unequal taxes, and for the order abolishing dis- 
tinction of color for the jury, and for the marked 
ability and independence displayed by him, the 
loyal people owe him a debt of gratitude which 
they can never repay, save by a life of like devo- 
tion to the principles he represents. 

17. We look to Congress as the assembled 
wisdom and expressed will of the nation. At 
whatever cost of obloquy or life, we shall in the 
future, as in the past, yield our unwavering 
fidelity to the laws and policy of the national 
legislature. A united nation and the principles 
of liberty owe their existence to-day to the firm- 
ness, patriotism, and wisdom of a Republican 
Congress. 

Conservative Republican, June 23. 

Resolved, That this convention now proceed 
to organize the National Union Republican party 
of the State of Mississippi. 

2. That we express our unfaltering devotion 
to the great principles of the National Union 
Republican party, and that we look forward 
with hope and confidence to the early restora- 
tion of our State government in accordance with 
the reconstruction laws of the Congress of the 
United States. 

3. That the repeated failures of all former and 
existing organizations to restore the State and to 
meet the requirements of the republican spirit 1 



482 



POLITICAL MANUAL. 



of our institutions, by insisting upon measures 
of proscription far exceeding the provisions of 
the Constitution of tlie United States and tlie 
reconstruction acts of Congress, have rendered 
them unworthy of the respect and confidence of 
the voters of Mississippi. 

4. That, in the language of President Grant, 
"the question of suffrage is one vyhicli is likely 
to agitate the public so long as a portion of the 
citizens of the nation are excluded from i*8 privi- 
leges in any State;" and therefore we sincerely 
favor the addition of the proposed XVth amend- 
ment to the Constitution of the United States. 

5. That we deprecate any attempt to impose 
upon the people of tliis State any greater aisa- 
bilities than the Constitution and laws of the 
United States already recognize, and that we 
believe it to be the duty of ail good citizens to 
use every effort to obliterate the animosities of 
the past, and to unite in the restoration of a 
State government based on the equal rights, 
civil and political, of men of every race. 

6. That we express our thanks to the Presi- 
dent and the Congress of the United States for 
rejecting the scheme to impose the rejected con- 
stitution upon the people of this State, and 
affirm our unwavering support of the adminis- 
tration of General Grant. 

7. That we announce ourselves unqualifiedly 
m favor of universal suffrage, and universal am- 
nesty, upon the restoration of the State to her 
federal relations, and pledge ourselves in good 
faith to urge upon Congress the removal of all 
political disabilities incurred by participation in 
the late rebellion. 

8. That the State executive committee be au- 
thorized and instructed to issue, in behalf of this 
convention, an address to the people of this State, 
declaratory of the principles and sentiments of 
the National Union Republican party of Missis- 
sippi. 

9. That the State executive committee be au- 
thorized and instructed to issue a call for a State 
convention, composed of delegates representing 
the different counties of the State, to meet at 
Buch time and place as they may deem expedient, 
for the purpose of nominating a State and con- 
gressional ticket. 

OHIO. 

Bepublican, June 23. 1869. 

Resolved, That as citizens of the nation, rep- 
resenting the republican sentiment of an honored 
commonwealth, we regard with sincere satisfac- 
tion the tidelitj evinced hy General Grant to the 
Kepublican party, and his policy, both foreign 
and domestic, and of his national administration, 
and pledge our cordial support to tlie measures 
inaugurated to insure conciliation, economy, and 
justice at home, and command consideration and 
respect abroad. 

2. That we hail with the profoundest satisfac- 
tion the patriotic and con.stitutional declaration 
of President Grant, in his inaugural address, 
that while he will, on all subjects, have a policy 
to recommend to Congress, he will have none to 
enforce against tlie will of the people; a senti- 
ment which assures the country of an executive 
administration founded^ on the models of the 



administrations of Washington and Madison, 
and that will insure to Congress the unrestricted 
exercise of its constitutional functions, and to 
the people their rightful control of the Govern- 
ment. 

3. That the abolishment of slavery was a 
natural and necessary consequence of the war 
of tl^ rebellion, and that the reconstruction 
measures of Congress were measures well adapt- 
ed to effect the reconstruction of the southern 
States and secure the blessings of liberty and a 
free government; and as a completion of those 
measures, and firmly believing in its essential 
justice, we are in favor of the adoption of the 
XVth amendment to the Constitution. 

4. That the late Democratic general assembly, 
in its reckless expenditure of public money; its 
utter neglect of the business interests of the 
State by failing to enact the wise and much 
needed financial measures providing for tlie 
assessment and equalization of taxation prepared 
by the commission appointed by the preceding 
general assembly ; its hostility to our benevolent 
and literary institutions ; its lailure to carry out 
the repeated pledges of the Democratic party to 
secure economy in the State; its extraordinary 
length of session in time of peace, resulting in 
an expense to the State amounting, for the pay 
of its members alone, to more than double that 
of the previous general assembly; its malignant 
attempts to disfranchise disabled soldiers and 
other citizens of the State; its attempt to take 
from the general Government the right to pur- 
sue, arrest, and punish those who violate the 
laws made in pursuance of the Constitution of 
the United States, and the vicious acts intended 
to destroy the power of the nation to preserve 
and protect the liberty and safety of its citizens, 
has shown the Democratic party unworthy of the 
trust, confidence, and support of an honest and 
patriotic people. 

5. That the Republican party of Ohio is in 
favor of a speedy establishment of a soldiers' 
orphans' home in Ohio, not only as an act of 
justice to the many poor and helpless orphans 
of deceased soldiers, but as a recognition of the 
patriotic services of their fathers in the late war, 
and for the purpose of redeeming the [dedges 
made by all loyal people to protect the families 
of those who fought and fell in the cause of 
human liberty and right. 

Democratic, July 7, 1869. 

Resolved, That exeni[)tion from tax of over 
$2,500,000,000 Government bonds and securities 
is unjust to the people, and ought not be toler- 
ated, and that we are opposed to any appropria- 
tion for the payment of the interest on the 
public bonds until tliey are made subject to 
taxation. 

2 That the claim of the bondholders, that 
the bonds which were bouglit with greenbacics, 
and the principal of which is by law payable in 
currency, should, nevertheless, be paid in gold, 
is unjust and extortionate, and if persisted in 
will force upon the people the question of repu- 
diation. 

3. Tiiat we denounce the high protective tarifT 
which was designed only in the interests of the 
New England manufacturers; that said tariff is 



STATE PLATFORMS. 



also, by its enormous impositions on salt, sugar, 
tea, cotfee, and the necessaries of life, unendura- 
ble and oppressive, especially upon the people 
of the West, and that we demand its repeal and 
the substitution of another based upon revenue 
principles alone, upon the closest possible ap- 
proximation to absolute free trade. 

4. That the Democratic party of the United 
States have always been pre-eminently friendly 
to the rights and interests of the laboring men; 
that they are in favor of a limited number of 
hours in all manufacturing workshops, the hours 
dictated by the physical and mental well-being 
of the laborer; tha't they favor the most liberal 
laws in regard to household and homestead ex- 
emption from sale and execution ; that they are 
also in favor of liberal grants of land from the 
public domain to actual settlers, without any 
cost, and are opposed to the donation of them 
to swindling railroad corporations ; and that they 
are generally friendly to a system of measures 
advocated by the labor and industrial congresses, 
and we pledge the democratic party, if restored to 
power, to exercise their influence in giving them 
practical application. 

5. That the attacks of Governor Hayes and 
Lee upon the doings of the late general assem- 
bly are false in fact, malicious in spirit, and 
unworthy of gentlemen occupying their elevated 
positions. 

6. That the late general assembly were called 
upon to make large and extraordinary appro- 
priations to rebuild the burned lunatic asylum, 
to provide a reform school for girls, to construct 
anew blind asylum, to make appropriations to 
pay over $80,000 of a judgment obtained in the 
supreme court of the State in favor of a life in- 
surance and trust company, and to meet a defi- 
ciency of over $500,000 of the preceding Repub- 
lican legislature, which, together with the extra 
compensation paid to the members, under the 
law passed by the Republican legislature, were 

f)rovided for without an increase of the State 
evy; and the appropriations in the aggregate 
are much less than those of the preceding Repub- 
lican legislature, without abstracting $800,000 
from the relief fund for the maimed and disabled 
soldiers and their families. 

7. That we hereby return our thanks to the 
fifty-eighth general assembly for their econom- 
ical expenditure in the administration of the 
State government and the exposal of wholesale 
frauds in the erection of State buildings, whereby 
the people were swindled out of half a million 
of dollars by the negligence of the Republican 
State officials and the dishonesty of others. 

8. That it is th right of each State to decide 
for itself who shall possess the elective franchise 
within it; that the attempt to regulate suf- 
frage in Ohio by means of the so-called XV tb 
constitutional amendment is subversive of the 
federal Constitution. 

9. That the policy and legislation of the 
Radical party directly tend to destroy all the 
reserved rights of the States, and convert the 
Republic into a consolidated despotism; that 
whether such despotism be exercised by an em- 
peror, a president, or a congress, the result 
would be fatal to liberty and good government; 

■ that consolidation in this country means the 



absolute dominion of monopoly and aggregate 
capital over the lives, the liberty, and the prop- 
erty of the toiling masses. 

10. That we denounce the national banking 
system as one of the worst out-growths of the 
bonded debt, which unnecessarily increases the 
burden of the people $30,000,000 annually, and 
that we demand its immediate repeal. 

11. That the trial and sentence to death by 
military commissions of citizens of Texas not in 
the military or jjaval service, when the civil 
courts were in unobstructed exercise of their 
functions in that State and in the time of pro- 
found peace, and the approval of that sentence 
by President Grant, are violations of the most 
sacred rights of American citizens guaranteed 
by their constitution. State and federal, and de- 
serve and should receive the earnest condemna- 
tion of every lover of liberty and constitutional 
government. 

12. That the numerous palpable and high- 
handed usurpations of the party in power ; their 
many public and private acts of tyranny, 
trampling under foot the civil law and the 
guarantees of the Constitution ; their continuing 
to deprive sovereign States of representation in 
Congress, and to govern said States by military 
rule, show them to be the party of despotism, 
and unworthy the confidence and support of a 
free people. 

13. That we extend the right hand of fellow- 
ship, and recognize as brethren in a common 
cause, all conservative men, not heretofore Dem- 
ocrats, who will unite with us in rescuing the 
Government from the unworthy hands into 
which it has fallen; and we pledge the united 
and cordial support of the two hundred and 
fifty thousand Democrats in Ohio, whom we 
represent, to the ticket nominated by this con- 
vention, and presented by us to the sufi'rages of 
the people of Ohio. 

PENNSYLVANIA. 

Bepublican, June 23, 1869. 

Resolved, That we rejoice in the glorious na- 
tional victory of 1868, which is bringing peace, 
happiness, and prosperity to us as a nation. 

2. That we wholly approve of the principles 
and policy of the administration of General 
Grant, and we heartily endorse every sentiment 
contained in his inaugural address, and espe- 
cially do hereby ratify and approve the late 
amendment proposed by Congress to the Consti- 
tution of the United States, and known as the 
XV th amendment. 

3. That we have confidence that the general 
administration will wisely and firmly protect the 
interests and dignity of the nation in respect to 
our just claims against Great Britain, and that 
we endorse the action of the Senate in rejecting 
the Johnson-Clarendon treaty, known as the 
Alabama claims. 

4. That we heartily sympathize with the 
struggling peoples of all nations in their efforts 
to attain universal freedom and the invaluable 
rights of man. 

5. That we cou'ldently endorse the adminis- 
tration of General John W. Geary as wise, eco- 
nomical, and honest, and that it deserves, as i* 



484 



ruLITlUAL MANUAL. 



has received, the approval of the people of 
Pennsylvania; and we especially commend his 
uniform efi'orts to restrain the evils of special 
legislation. 

6. That in Hon. Henry W. Williams, our can- 
didate for the supreme court, we present a 
learned, pure, and patriotic jurist, who will 
adorn the liigh ptosition to which we purpose to 
elect him. 

7. That we reiterate and affirm our adherence 
to the doctrine of protection? as proclaimed in 
the 9th resolution of the platform adopted at the 
State convention of March 7, 1SG6. 

8. That we endorse the ticket this day nomi- 
nated, and pledge to it our hearty and cordial 
support. 

Democratic, July 14, 1869. 

Resolved, That the federal government is lim- 
ited in power to the grants contained in the 
federal Constitution ; that the exercise of doubt- 
ful constitutional powers is dangerous to the 
stability of the Government and the safety of 
the people, and the Democratic party will never 
consent tliat the State of Pennsylvania shall 
surrender her right of local self-government. 

2. That the attempted ratification of the pro- 
posed XVth amendment to the federal Constitu- 
tion by the Radical members of the last legislature, 
and their refusal to submit the same to a vote of 
the people, was a deliberate breach of their offi- 
cial duty and an outrage upon every citizen of 
the State, and the resolution making such rati- 
fication should be promptly repealed, and the 
amendment committed to the people at the polls 
for acceptance or rejection. 

3. That the Democratic party of Pennsylvania 
is opposed to conferring upon the negro the right 
to vole, and we do empliatically deny that there 
is any right or power in Congress, or elsewhere, 
to impose negro suffrage upon the people of this 
State in opposition to their will. 

4. That reform in the administration of the 
federal and State governments, and in the man- 
agement of their financial affairs, is imperatively 
demanded. 

5. That the efforts now being made for the 
amelioration of the condition of the laboring man 
have our most cordial co-of)eration. 

6. That the legislation of the late Republican 
Congress outride of the Constitution, the disre- 
gard of the majority therein of the will of the 
people and the sanctity of the ballot-box in the 
exclusion from thtir seats in Congress of repre- 
sentatives clearly elected, the establishment of 
military governraenta in the States of the Union, 
and the overthrow of all civil governments 
therein, are acts of tyranny and usurpation that 
tend directly to the destruction of all republican 
government and the creation of the worst forms 
of despotism. 

7. That our soldiers and sailors who carried 
the fl^ig of our country to victory must be grate- 
fully remembered, and all the guarantees given 
in their favor must be faitiifuUy carried into 
execution. 

8. Equal rights and protection for naturalized 
and nntivf born citizens at home and abroad. 
The assertion of American nationality, which 
.eliall command iho r(;>;K'ct of foreign towers and 



furnisli an examide and encouiagement to peo- 
ple struggling for national integrity, constitu- 
tional lioerty, and individual rights. 

9. Tiiat the pre.^ent internal revenue and tax- 
ing system of the general Government is grossly 
unjust, and means ought at once to be adopted 
to cause a modification thereof. 

VERMONT. 

Bepublican, June, 1869. 

Resolved, That the Republican Union party of 
Vermont hereby affirms its adherence to the car- 
dinal principles of the party, and especially the 
exclusion of traitors from the positions of jiubiic 
trust, the right of impartial suffrage, and the in- 
tegrity of tlie public credit. 

2. That we have confidence that the adminis- 
tration will wisely and firmly protect the inter- 
ests and dignity of the nation in resjiect to our 
just claims against Great Britain, and that, in 
our judgment, we can afford to wait until her 
majesty's government finds it for her interest to 
make settlement. 

3. That we wholly approve the principles and 
policy of the administration of President Grant, 
and we particularly commend that point of his 
inaugural address wherein he declares, " I would 
protect the law-abiding citizen, whether of na- 
tive or foreign birth, wheresoever his rights are 
jeopardized, or the flag of our country floats, and 
would protect the rights of all nations, demand- 
ing equal respect for our own." 

4. That we cordially commend the State ticket 
this day nominated, and pledge to its support 
such a majority as shall show that Vermont 
takes no step backward in her Republican course. 

Bemocratic, June 17, 1869. 

Resolved, That the practical workings of the 
general Government, as administered by the op- 
position to the Democratic party, renews our zeal 
and love for the principles of our party. 

2. That we are still in favor of a strict adher- 
ence to the Constitution of the United States, as 
the safeguard of the States. 

3. That the Democracy, now as ever, make no 
distinction between citizens, whether of native 
or of foreign birth, and that we sympathize, now 
as ever, with men of all nationalities striving for 
self-government. 

4. That we are opposed to the present unequal 
system of taxation of the general Government, 
and to the corrupt and wasteful expenditures of 
the [iroceeds of such taxation. 

5. That we prefer a system of government in 
accordance with the principles of the Democratic 
party rather than the present system of Radical 
rule. 

6. That we will heartily support the nominees 
this day made. 

VIRGINIA. 

Bepublican, March 11, 1869. 

Resolved, That the early restoration of the 
State of Virginia to the federal Union, clothed 
with all the rights and privileges of the most 
favored States, is required by the obligations 
which tlie Government owes to the several States, 



STATE PLATFORMS. 



48i 



is necessary to the just independence, dignity, 
and character of the State, is demanded by every 
consideration of patriotism as well as of interest; 
but that this return can now take place only un- 
der the authority of Congress, in the way pointed 
out by the reconstruction acts, and by the adop- 
tion, without change or modification, of the con- 
stitution soon to be submitted to the people, and 
an election by them of their chosen oihcials, pub- 
lic servants, and representatives, which election 
ought to be immediately held, nor can it be long 
er delayed without serious danger of final dis- 
aster. 

2. That the election of General Grant has given 
a new guarantee and awakened new confidence 
in the lull and final triumph of the principles of 
the Republican party. The sublime truth that 
all men are free and equal will now become a 
great living fact. All persons born in the United 
States and subject to its jurisdiction are citizens 
not only of the United States, but of any State 
in which they mav choose to reside. Nor can 
any State deny to any citizen within its jurisdic- 
tion the equal protection of tlie laws, or the pos- 
session or enjoyment of any right or privilege on 
account of race, prior condition, or religious faith. 
We hail with gratitude the President's inaugural 
address, and will never cease to thank him for tell- 
ing the American people that while suffrage is 
denied to a portion of the citizens of the nation 
there cannot be peace. We pray Almighty God 
that the hope which is expressed for the ratifica- 
tion of tlie XVth article of amendment may be 
Fhortly realized, so that hereafter no State of the 
federal Union can deny to any citizen the blessed 
boon of sufi'rage on account of the accident of 
color, nor ever deny to him who has the right to 
vote the twin privilege, the right to be voted 
for. We thank the President, too, for thatprompt 
actof retributive justice which has restored Sheri- 
dan and Reynolds to the commands from which 
thejr wefe removed by an unjust Executive, be- 
cause of their faithful discharge of duty, their 
noble homage to the rights of humanity, and the 
manly enforcement of the reconstruction laws of 
Congress. In this act of justice we recognize an- 
other sure ground for confident hope, that tried 
fidelity to the Government is to be regarded as 
a virtue, and the support of the Union is to be 
honorable. We promise to his administration 
our earnest support. We invoke his best pow- 
ers and wisest counsels to aid us in an early, just, 
and lasting reconstruction of our commonwealth. 

3. That the equality in rights of all tlie citi- 
zens, a just and proper provision for the educa- 
tiou of the people through public schools open 
to all, a more equal system of taxation, a rea 
sonable provision to secure a home, the necessa- 
ries of life, and the means of earning a support 
exempt from forced levy and sale; to preserve 
the plighted faith of the Slate by the payment 
of her honest debts; to do justly by making and 
impartially enforcing just and equal laws; to 
enrich the State by developing her resources; to 
secure an impartial jury trial by opening the 
jury-box to all the male citizens, without regard 
to race or color; to soothe animosities and strife 
by removing the causes of irritation ; to create 
friendship and harmony by burying enmities; the 
right of the people to frame their own organic 



law, and the right of the real party of recon- 
struction to determine the manner in which, as 
well as the constitution and laws under which 
the State shall be restored, are all fundamental 
pirinciples, vital to the success of the great work 
of reconstruction, and to which we now again 
[iledge our faith, allegiance, and earnest support. 

4. That no republican form of government can 
long exist, or be wisely administered, wliere a 
considerable portion of tlie people are disfran- 
chised, and that the Republican party of the 
State of Virginia is not in favor of tlie creation 
of permanent disabilities, but pledges its influ- 
ence and efforts to secure tlio removal of all the 
disabilities incurred by participation in tlie late 
rebellion from all the citizens of this Stale, who, 
accepting in good faith the results of tlie war by 
their acts and influence, shall cordially co oper- 
ate in an earnest eflbrt for the restoration of the 
State under the reconstruction laws. We believe, 
however, tiiat such disabilities should not be 
removed solely on the application of personal 
friends, nor from mere personal considerations, 
but because the individual himself possesses such 
sufierior claims for amnesty as are not possessed 
by the great body of disfranchised persons. 

5. That the Republican party is the real party 
of reconstruction; that there can be no perma- 
nent and just restoration of the State excepting 
through its instrumentality. That all efl'orts for 
its destruction or demoralization are dangerous 
to the best interests of the State, fraught with 
most serious consequences to the Union men, and, 
if successful, must finally defeat reconstruction 
itself; to the preservation of the party and its 
organization in their integrity, to its most com- 
plete consolidation and its higher elevation, we 
pledge our utmost efforts, while at the same time 
we open its doors wide, and cordially invite to 
its support, labors, and triumphs, all citizens who. 
rising above mere partizanship, and standing 
upon the higher level of statesmanship, embrace 
the common faith and vital principles which lie 
at the foundation of true reconstruction, just 
equality, lasting peace, and State and national 
prosperity. 

6. That five members of the State central com- 
mittee, including the chairman thereof, be re- 
quested to wait on General Canby, when he shall 
assume command of this district, and request him 
to issue such orders to his ofiicers as shall secure 
the abrogation of all distinctions as to race, color, 
or previous condition, in the selection of juries. 

Conservative,* April 29, 1869. 

Whereas the people of the State of Virginia, 



*These resolutions were reported April 28, by Mes.«iP. 
Roliert Ould, J. B. Baldwin, J. K. Edmunds, F. MeMul- 
len, L. B. Anderson, Jas. C. Campbell, A. Mosely, W. D. 
Haskins, and W. T. Sutherlin — a majority of Die com- 
mittee. Messrs. John Goode, Jr., Ilugh Latham. ai;'d 
J. G. Mason presented the following minority report: 

Whereas the people of Virginia, by their del- 
egates duly chosen, met in convention in this city 
in the month of December, 1868, and after sol- 
emn and mature deliberation adopted their " de- 
claration of principles," settingforth and defining 
the policy of the white people of the State; 

And whereas in the said "declaration of prin- 
ciples," in its own language, did distinctly declare 



486 



POLITICAL MANUAL. 



by tbeir delegates in convention duly chosen, 

that the government of the State and of the Union 
were formed by white men to be subject to their 
control, and that suffrage should be so regulated 
by the States as to continue the system under the 
control and direction of the white race, and that 
in the opinion of this convention the peo[ile of 
Virginia will sincerely co operate with all men 
throughout the Union, of whatever name orjiarty, 
who will labor to restore the constitutional Union 
of the States, and to continue its government and 
those of the States under the control of the white 
race; 

And whereas the organization of the conser- 
vative party of the State of Virginia exists by 
authority of the said convention and the action 
of the people thereunder; 

And whereas the Congress of the United States 
have directed an election in this State to be or- 
dered by the President, whose proclamation is 
daily expected, at which election the Underwood 
constitution is to be submitted to the people for 
ratification or rejection, and at the same time an 
election is to be held for State officers; 

And whereas, for the purpose of consolidating 
and making effective the entire strength of the 
Conservative party in the State in opposition to 
the said constitution, the State executive commit- 
tee and the county and city superintendents, in 
the exercise of the powers confided in them on 

the day of , 1868, did nominate a State 

ticket; Now, therefore, be it 

Resolved, That the declaration of principles 
unanimously adopted by the said convention, 
composed of the representatives of the white men 
of all parts of the State, is binding upon the body 
until it shall have been revoked or modified by 
another convention of equal powers, and this 
meeting has no right to abandon the same. 

2. That this meeting earnestly recommend to 
the people of Virginia to adhere steadfastly to 
the declaration of principles, and to the plan of 
organization adopted by themselves in conven- 
tion assembled, and to continue to follow the 
leadership of their nominees, who have upheld 
the principles of their organization with such 
conspicuous gallantry and devotion. 

3. That the clauses of the Underwood consti- 
tution proposed to be submitted to a separate 
vote are immaterial and insignificant compared 
to the leading features of that instrument : Uni- 
versal negro suffrage, negro eligibility to office. 
That the same number of votes that will strike 
out the clauses to be submitted to a separate vote, 
will, if fiolled to that efifect, defeat the whole 
constitution. 

4. That the military rule of one of our own 
race, responsible to his superiors, is far prefera- 
ble to the domination of an irresponsible multi- 
tude of ignorant negroes; and that, impelled by 
these considerations, we call upon all wiiite men, 
wliether native or adopted citizens, to vote down 
the constitution, and thereby save themselves 
and tlieir posterity from negro suffrage, negro 
office-holding, and its legitimate consequence — 
nf'S^ro social equality. 

5. That even were an abandonment of the 
nbove-mentioned princi[ile9 to be agreed on by 
this body, the 7tli section of the election law, 



met in convention in this city in the month of 

entitled an act authorizing the submission of the 
constitution, &c., to the vote of the people, holds 
the restoration of the State subject to the subse- 
quent action of Congress, and that in this fact 
we find abundant reason to believe other condi- 
tions may be imposed upon us. 

6. That the act in question imposes a condi- 
tion precedent in the adoption of the XVth 
amendment, which is in violation of every prin- 
ciple of constitutional law, and should not of 
right be endorsed by the people of Virginia. 

Mr. Shackelford, of Culpeper, objected to both 
reports, and moved the following: 

Resolved, That this meeting adjourn, to meet 
again ten days after the proclamation of the 
President of the United States fixing the day 
of voting on the constitution for Virginia and 
of election of officers under said constitution. 

2. That the people of the counties of the State 
be requested to send delegates to the said ad- 
journed meeting, to act in conjunction with the 
present representatives, for the jmrpose of con- 
sidering and definitely acting upon the said con- 
irtituliun, or such modifications as may be pre- 
sented by the President to the people for their 
adoption or rejection. 

The convention refused, by yeas 29, nays 36, 
to lay the reports on the table; and, April 29th, 
the minority report having been witlidrawn to 
give opportunity for the renewal of Mr. Shackel- 
ford's motion to postpone, the latter was debated 
and rejected by yeas 24, nays 54; after which, 
without a division, the majority report was 
adopted. 

Resolutions unanimously adopted by the Con- 
servative convention, December 12, 1867, were as 
follows: 

1. This convention doth recognize that, by the 
results of the late war, slavery has been abolish- 
ed ; and it doth declare that it is not tlie purpose 
or desire of the people of Virginia to reduce or 
subject again to slavery the people emancipated 
by the events of the war, and by the amendment 
to the Constitution of the United States. 

2. This convention doth declare, that Virginia 
of right should be restored to her federal relations 
with the Government of the United States, and 
that it is not in the contemplation of the people 
of Virginia to violate or impair her obligations 
to the federal Union, but to perform tliein in 
good faith. 

3. This convention doth solemnl}' declare and 
assert, that the people of Virginia are entitled to 
all the riglits of freedom, and all the guarantees 
therefor, provided by tlie Constitution of the 
United States; and they insist on the same as 
unquestionable, and that the said Constitution, 
which all are sworn to support, does not justify 
the governing of Virginia by any power not 
delegated by it, nor ought she, under it, to be 
controlled by the federal Government, except 
in strict accordance with its terms and limitations. 

4. This convention doth declare, in the lan- 
guage of a resolution adopted by a public meeting 
held at the Cooper Institute, in the city of New 
York, "That the policy which continues to sub- 
ject the people of ten States of the Union to an 
irresponsible government, carried on by military 



STATE PLATFORMS. 



487 



December, 1867, and appointed an executive 
cominiltee to organize the counties and cities of 
the State with a view to consolidate the strength 
of the conservative party; 

And whereas the State executive conamittee 
and city and county superintendents did in the 
month of May. 1868, meet in this city and 
nominate a State ticket for the suffrage of the 
people; 

And whereas said executive committee and 
superintendents have again assembled to con- 
sider the present state of affairs, and each can- 
didate, with patriotic desire to promote the 
prosperity and welfare of the State, has resigned 
his candidacy: Now, therefore, be it 

Resolved, That this meeting accepts the said 
resignations of said candidates, and hereby ex- 
presses its higli appreciation of their devotion 
to the best interests of the State, and of their 
zeal and ability in the discharge of those duties 
which their candidacy imposed on them. 

2. That notwithstanding the accepted resig- 
nations of our nominees, the conservative voters 
of the State are urged to organize for the pur- 
pose of defeating such obnoxious provisions of 

power, is inconsistent with the express provisions 
of the Constitution of the United States, and is 
subversive of the fundamental ideas of our Gov- 
ernment and of civil liberty; and the object for 
which this great wrong has been persisted in, 
as now being disclosed to the people of this coun- 
try and to the world, to-wit, to subject the 
white people of these States to the absolute su- 
premacy, in their local governments and in their 
representation in the Senate and House of Rep- 
resentatives, of the blackrace, just emerged from 
personal servitude, is abhorrent to tlie civiliza 
tiou of mankind, and involves us and the people 
of the northern States, in consequence of sur- 
rendering one-third of the Senate and one-quar- 
ter of the House of Representatives, which are 
to legislate over us, to the dominion of an or- 
ganized class of emancipated slaves, wiio are 
without any of the training, habits, or traditions 
of self government. 

5. This convention, for the people of Virginia, 
doth declare that they disclaim all hostility to 
the black population; that the}' sincerely desire 
to see them advance in intelligence and national 
prosperity, and are willing to extend to them a 
liberal and generous protection. But that while, 
in the opinion of this convention, any constitu- 
tion of Virginia ought to make all men equal 
before the law, and should protect the liberty 
and property of all, yet this convention doth 
distinctly declare, that the governments of the 
States and of the Union were formed by v/hite 
men, to be subject to their control; and that the 
suffrage should still be so regulated by the 
States as to continue the federal and State sys- 
tems under the control and direction of the white 
race. 

6. That, in the opinion of this convention, 
the people of Virginia will sincerely co-operate 
with all men throughout the Union, of what- 
ever name or party, who will labor to restore 
the constitutional union of the States, and to 
continue its government and those of the States 
uader the control of the while race. 



the constitution framed by the late convention 
in Richmond as may be separately submitted, 
and to that end, as well as to secure the election 
of proper persons to the legislature, the organ- 
izations already in existence are exhorted to in- 
creased activity, and in those localities where 
no organizations have been formed the jieoiile 
are earnestly requested to meet together and 
adopt measures for the puri)0se of preveniing 
the incorporation of such iniquities in the or- 
ganic law of the State. 

3. That this convention, while expressing its 
hostility to ihe leading and general features of 
said constitution, and while urging the necessity 
of organization for the purpose of defeating sucii 
provisions as may be submitted separately, de- 
clines to make any recommendation to the 
conservative voters of the State as to their 
suffrages upon the constitution expurgated of 
said provisions, or as to the candidates that may 
bo before the people, feeling well assured that 
their good sense and patriotism will lead them 
to such results as will best subserve the true 
and substantial interests of the Commonwealth. 

WASHINGTON TEERITORY. 

Republican. 

Resolved, That the principles of the Republican 
party, as declared by tlie last National Republi- 
can convention at Chicago, meet with our hearty 
approval, and adherence thereto by the national, 
State, and territorial legislatures, will secure the 
peace and prosperity of our country. 

2. That we recognize the great principles laid 
down in the immortal Declaration of Independ- 
ence as the true foundation of democratic gov- 
ernment, and we hail with gladness every effort 
toward making these principles a living reality 
on every inch of American soil. 

3. That we regard with great pride and satis- 
faction the accession of the wise, efficient, and 
victorious leader of the American army, General 
Grant, to the high and honorable position of 
President of the United States, and confidently 
rely upon the earnest co-operation of the differ- 
ent branches of the Government for the enact- 
ment and enforcement of such measures as shall 
secure the rights and liberty of every American 
citizen, upon principles of justice and equality, 
and that respect for the laws by the people that 
will insure the peace and progress of the entire 
country. 

4. That the interests of Washington Territory 
can best be promoted by the election of an able 
Republican representative of our people as del- 
egate to Congress, who will exert himself to ob- 
tain the fostering care and material aid of the 
general Government for our territory, and secure 
the just rights of each and all of our citizens, and 
who, as opportunity offers, will make known to 
the people of the States, by public addresses, the 
great advantages and inducements our territory 
presents to capital and population. 

5. That a system of internal improvements in 
our territory should receive the encouragement 
and support of the general Government, in order 
that our important resources may be developed 
and the prosperity of the country promoted. 



488 



POLITICAL MANUAL. 



Among these internal improvements the con- 
struction of the Northern Pacific, Columbia River 
and Puget Sound, and Walla Walla and Colum- 
bia River railroads are of great and paramount 
importance, and their early completion highly 
necessary for the interests of not only this Terri- 
tory, but also those of the entire country. 

6. That the nominee of tliis convention can, 
and by the hearty and united efforts of the Union 
Republican party will, be triumphantly elected, 
ana to that end all personal preferences and pre- 
judices should be waived for the general good, 
and the present as well as future success of the 
Republican party and its principles be thereby 
effectually maintained. 

Democratic. 

Btsolved, That the Democracy of Washington 
Territory rely upon the justice and patriotism 
of the American people for the ultimate triumph 
of democratic principles, wliich alone can effect 
the full and complete restoration of the Ameri- 
can Union, and restore to the people and the 
States respectively their rights under the con- 
stitution. 

2. That this Government was founded by 



white men, and ttiat we are opposed to the ex- 
tension of the elective franchise or citizenship 
to negroes, Indians, or Chinamen. 

3. That the recent attempt on the part of the 
Radical party in Congress to disfranchise the 
people of the Territory indicates a purpose in 
that party to destroy the liberties of the people. 

4. That we are opposed to the proposed XVth 
amendment of the Constitution of the United 
States. 

5. That the exclusion of any State from rep- 
resentation in Congress in time of peace is a dan- 
gerous assault upon the liberties of the people, 
in violation of the principles of our Union, and 
subversive of the rights of the Constitution. 

6. That we are opposed to the present system 
of Government taxation, and are in favor of 
raising the necessary revenue for Government 
purposes by an ad valorem tax on the entire im- 
ports and property of the country. 

7. That we favor the construction of railroads, 
the development of the vast resources of our 
Territory, and believe that Government should 
aid the construction of the same, and we ac- 
knowledge the important services rendered to 
our Territory in projecting the North Pacific 
railroad by the late I. I. Stevens. 



XLVII, 



VOTES OF STATE LEGISLATURES 

ON THE PROPOSED XVth AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. 



Alabama^ 



[Not yet voted.] 

Arkansas. 

Senate, March 13, 1869. 

Yeas — Messrs. Barber, Beldin, V. Dell, Evans, 
Hadley, Harbison. Hunt, Hemingway, Keeton, 
Mallor}', Martin, Mason, Portis, Rogers, Sarber, 
Snyder, Vance, Wheeler, Young — 19. 

Nays — Messrs. Sanders, Ray — 2. 

HousEOF Representatives, March 15, 1869. 

Yeas — Messrs. John G. Price, [Speaker,] Isaac 
Ayres, Samuel Bard, Joseph Brooks, Wm. A. 
Britton, James A. Btrtler, Abraliam T. Carroll, 
Jeremiah Clem, Robert S. Curry, Charles C. Far- 
relly, Edgar D. Fenno, George M. French, John 
H. Fitzwater, Jerome W. Ferguson, Solomon 
Exon, John J. Gibbons, James M. Gray, William 
II. Grey. Artliur Gunther, John W. Harrison, 
Asa Hodges, Jeffrey A. Houghton, Jacob Huf- 
Ftedler, Daniel Hunt, Daniel R. Lee, James M. 
Livesay, Z. Henry Manees, Alfred M. Merrick, 
Solomon Miller, Jesse MiUsaps, Saml. F. Mitch- 
ell, Wm. T. Morrow, Peter Moseley, Wm. S. Mc- 
CuUough, Nathan M. Newell, David Nicholls, 
MarviUe M. Olive, John F. Owen, Newton L. 
Pears, Nathan N. Rawlin^s, Moses Reed, Ander- 



son L. Rush, Ricliard Samuels, Ephrnira Sharp, 
Daniel J. Smith, Wm. W. Stansberrv, John B. C. 
Turman, Daniel P. Upham, Benj. Vauglian, Jas. 
T. White, John K. Whitson, Wm. H. WiUs, Wm. 
H. Wright— 53. 

Nays— 0. 

California. 

[Not yet voted.] 

Connecticut. 

Senate, May 7, 1869. 

Yeas — Messrs. Calvin King, Samuel W. 
Dudley, Erasmus D. Avery, Henry W. Kings- 
ley, Aaron E. Emmons, Heiisted W. R. Hoyt, 
David Gallup, Joseph D. Barrows, Charles B. 
Andrews, Oscar Leach, Carnot 0. Spencer, Chas. 
Underwood, Edwin D Alvord — 13. 

Nays— Messrs. George M. Landers, N. Web- 
ster Holcomb, Lucian W. Sperry, Alfred B. Judd, 
Owen B. King, E. Grove Lawrence — 6. 

Not Voting — Edward N. Shelton, James S. 
Taylor— 2. 

House of Representatives, May 13, 1869. 

Yeas — Messrs. Henry Woodford, Henry Sage, 
Albert C. Raymond, James F. Comstock, Daniel 
Phelps, Calci) Leavitt, George S. Miller, Rufus 
Stratton, Thomas Cowles, Samuel Q. Porter, 



VOTES OF LEGISLATURES. 



489 



Abira Merriara, Byron Goddard, Charles H. 
Arnold, Horace Eddy, Samuel Rockwell, Robert 
Sugden, Benjamin F! Hastings, Samuel N. Reid, 
Jobn M. G. Brace, Joseph J. Francis, Joseph T. 
Hotclikiss, Julius A. Dowd, Stephen R. Bartlett, 
Jonathan Willard, Clinton Clark, T. Andrew 
Smith, Daniel A. Patten, George A. Bryan, John 
R. Piatt, Israel Holmes, William A.Warner, Seth 
Smith, Benjamin B. Thurston, Edward Harland, 
George Pratt, William W. Smith, Joseph N. 
Adams, John D. Watrous, Paul Couch, William 
H. Potter, Robert Palmer, David Geer, Daniel 
Bailey, Israel Allyn, Henry S. Lord, John F. 
Laplace, Willet R. Wood, Alfred Clarke, Roger 
G. Avery, Gurdon F. Allyn, David D Mallory, 
Benjamin B. Hewitt, Amos S. Treat, Walker B. 
Bartram, Ebenezer S. Judd, Ira Scofield, Charles 
Judson, Francis L. Aiken, Israel M. Bullock, 
William H. Hill, Aaron H. Davis, William 0. 
Seymour, Phineas S. Jacobs, Alfred Hoyt, Lewis 
W. Burritt, Hiram St. John, William Wood- 
bridge, Joseph E. Marcy, George R. Hammond, 
Edwin H. Bugbee, Charles Burton, Isaac K. Cut- 
ler, Lucius Fits, John W. Clapp, Hezekiah Bab- 
bitt, Henry H. Gary, James Pike, Eden Davis, 
Franklin H. Converse, Albert Campbell, Lewis 
Burlingham, Charles Larabee, Ezra Dean, Wil- 
liam H. Church, Norman A. Wilson, Lyman 
Gridlev, Seth K. Priest, Frederic Merrill, Wil- 
liam W. Welch, William E. Phelps, Edward Dai- 
ley, Charles Ilotchkiss, Edward B. Birge, Augus- 
tine T. Peck, Charles A. Warren, John T. Rock- 
well, Charles J. Yo'-k, Stephen A. Loper, Martin 
L. Roberts, George Jones, James L. Davis, Henry 
Tucker, Samuel M- Comstock, Phineas M. Augur, 
Samuel H. Lord, Daniel Strong, Oliver C. Carter, 
Gilbert F. Buckingham, Edwin ^ Kirkland, 
George H. Kingsbury, 0. B. Pomero_, , Henry W. 
Mason, Isaac Mason, Guy P. Collins, John M. 
Way, George B. Armstrong, Meenelly H. Hanks. 
Elijah Cutter, R. W. Andrews, J. R Washburn, 
George D. Colburu, Chauncey Paul, A. Park 
Hammond, Hezekiah Eldridge, William Shaffer 
— 125. 

Nays — Messrs. Elisha Johnson, Norman Smith, 
William J. Gabb, Edward B. Dunbar, Oeorge J. 
Jlinman, Henry A. Case, Benjamin Taylor, Wil- 
liam If. Bates, Flavd (!. Newton, Joseph Thomp- 
son, Roland 0. Buell, William C. Case, Horace 
Bclden, Roswell A. Neal, Noah H. Byington, 
Francis Jones, Samuel W. Goodrich, Alva Fen- 
ton, Alexander Clapp, Timothy 0. Coogan, Sam- 
uel L. Branson, Michael Williams, Asa C. Wood- 
ward, William D Hendrick Burritt Bradley, 
Mark Bishop, Gilbert S- Benham, Selah Strong, 
James Sweet, John A. Peck, Egbert L. Warner, 
Fhilo Holbrook, John C. Wooster, Hezekiah Hall, 
John Roach, Amos S. Blake, Isaac Hough, Enoch 
L. Beckwith, Thomas H. C. Kingsbury, Sanford 
Bromley, Robert F. Chapman, Daniel S. Guile, 
Prentice Avery, Geo. D. Loveland. Savilion Chap- 
man, David H Meekes, Edwin Wheeler, Cyrus 
Sherwood, Bern L. Budd, Jonathan A. Close. Jno. 
G. Wellstood, Eli D. Beardsley, Hinman Knapp, 
Philo H. Skidmore, Cyrus F. Fairchild, Asa Smith, 
Harvey K. Smith, jarvis H. Waiizer, Sh.erman 
French, 2d, Matthew Buckley, James Smibert, Jo- 
seph Pldllips, William B. James, Henry A- Kim- 
ball, Lyman N. Applcy, George C. Martin, Josiah 
G. Beckwith, John B. Hopkins, Arbert E. Merrill, 



Calvin Aldrich, Marshall E. Beecher. Austin H. 
GiUett, Lorenzo H. Hakes. William G. Kinney, 
John S. Wheeler, William H. Harrison, Mija A. 
Nickcrson, Fred. A. Lucas. Enos B. Pratt, Sidney 
Peck, Isaac B. Bristol, Albert S. Hill. James A. 
Root, j.~ Vwtt Beardsley, Pliney S. Barton, Ej^s- 
tus D. Goodwin, Edgar J. Reed, David L. Smith, 
John B Newton, Henry S. Wheaton, Robert Ba^ 
con, Edwin Scovill, Hezekiah Scovil, James C 
Walkley,* Charles Kirby, Huntington South- 
mayd, Charles E. Brownetl, Edwin A. Emmons, 
Randolph P. Stevens, Charles D. Kelsey, John S. 
Topliff, Thos.J. White, Samuel A. Collins, Thomp- 
son Strickland — 105. 

Not Voting— Addison 0. Mills, Jeremiah H. 
Bartholomew, James Baldwin, Fred. A. Mallory, 
Edwin Roberts, James M. Kibbe — 6. 

Delaware 

[The Senate voted down the resolution to adopt 
amendment by a strict party vote, the particia- 
arsof which were not received in time for publi- 
cation.] 

Florida. 

Senate, June 14, 1869. 

Yeas-— Messrs. Bradwell, Cruse, Hillyer, Kat- 
zenberg. Krimminger. Meacham.Pearce, Purman, 
Smith, Underwood, Vaughan, Walls, Wentworth 
—13. 

Nays — Messrs. Atkins, Crawford, Ginn, Hen- 
derson, Kendrick, Moragne, McCaskill, Weeks — 8. 
House, June 11, 1869. 

Yeas — Mr. Speaker, Messrs. Butler, Bogue» 
Black, Cox, Cruce, DeLaney, Erwin, Fortune, 
Graham, Ilarman, Harris, Hill, Hodges, Keene, 
Lee, Mills, Moore of Columbia, Pons, Powell, 
Robinson, Scott, Simpson, Thompson, Walker, 
Wells— 26. 

fNAYS — Messrs Bostick, Bradwell, Cheshire, 
Forward, McKinnon, il/oore of Hillsborough, Oli- 
ver, Pittman, Raney, Steward, Sto7ie, Urquhart, 

Watson — 13. 

Georgia. 

JSENATE.J/arc/i 18,1869. 
Yeas— Messrs. Joseph Adkins, B. F. Bruton, 
/. J. Collier, William GrifEn, McW. Hungerford, 
W. F. Jordan, W. W. Merrill, B. R. McCutchen, 
R. T. Nesbit M. C. Smith, C. J. Wellborn, F. O. 
Welch, W. T. Winn—n. 



* Independent Republican. 

t June 12— Mr. Filer, of Monroe, sent the following 
communication to the Speaker : 

"llavins unintentionally been absent from the As- 
sembly when the vote was taken yesterday on the 
joint resolution ratifying the XVth amendment of the 
Constitution of the United States, I respectfully ask that 
this fominunication be placed upon the Journal, that 
my disapprobation of the measure and desire to vote 
against it may be publicly known and placed on re- 
cord. This is asked in justice to myself and my 
constituency." 

The request was granted. 

% March l(t, a motion to lay joint resolution to ratify 
proposed XVth amendment to the Constitution on the 
table was lost by yeas 13, nays 10; March 12, the joint 
resolution was adopted by yeas 21, nays 10; March 13, 
a motion to reconsider prevailed, by yeas 19, nays 14; 
March 17, the resolution was indefinitely postponed, 
by yeas 18, nays 17 — the chair giving the casting vote. 
March 18, this vote was reconsidered, by yeas 17, nays 
14; but a direct vote upon adoption of the amendment 
resulted in yeas 13, nays 10, as above. 



490 



POLITICAL MANUAL. 



Nats — Messrs. W. J. Anderson, W. F. Bowers, 
J. T. Burns, M. A. Candler, J. M. Col man, /. C. 
Fain, J. GrifBn, John Harris, B. B. Hinton, R. 
E. Lester, W. T. Mc Arthur, C. R- Moore, A. D. 
Nunally, Josiali Sherman, W. C. Smith, T. J. 
Speer — 16. 

* House OF Representatives, March 16, 1869. 
Yeas — Messrs. W. D. Anderson, Benjamin Ay- 
»r, Edwin Belcher, Marion Bethnne, P. H Bras- 
sell T. F. Brewster, G. S. Carpenter, W. C. Carson, 
P. H. Chambers, W. H. Clarke, Clower, A. E. 
Cloud, James Cunningham, S. A. Darnell, Madi- 
son Davis, R- A. Donaldson, J. T. Ellis, W. S. 
Erwin, J. R. Evans, F. M. Ford. A. M. George, I 
N. N. Gober, W. B. Gray, W. W. Grieger, J. E. i 
Oidlatt, R. B. Hall, W. D. Hamilton, J. F. Har- [ 
den, G. R. Harper, J. N. Harris, Heard, W. F. i 
Holden, G- M. Hooks, Darling Johnson, H. C \ 
Kellogg, C H Kytle, W. A. Lane, Aug II. Lee, 
John Long, J. J. Mc Arthur, J. A Madden, /. A. 
Maxwell, J. C. Nesbit, J. W. O'Neal, G. K. Os- 
good, R. M. Parks, J. B. Parke, Josepli L. Per- 
kins, W. P. Price, M. Rawlcs, James M. Rouse, 
G. W. Rumph, Pierce Sewell, M. Shackelford, J. 

E. Shumate, J. A. Smith, J. R. Smith, Smith, S. 
L. Strickland, E. M. Taliaferro, W. W. Watkms, 
Hiram Williams, W. S. Zellers, B H. Zelner— 64. 

Nays — Messrs. M. R. Ballanger, Richard 
Bradford, W. G. Brown, Wm. M Butt, J M. 
Burtz, C. C Cleghorn, J. A. Cobb, J. M Craw- 
ford, John C Drake, H. R. Felder. McK. Em- 
cannon, James Fitzpatrick, R. W. Flour noy , A. 
S- Fowler, David Goff, Thomas W Grimes, T. 
M. Harkness, James A. Harrison, W- B. Hill, 
Virgil Hillyer, W. L. Hitchcock. G. M. Hook, 
Haywood Hughes, C. C Humher, J. R. Kim- 
brough, J. J. Kelley, Samuel McComb, W. T. Mc- 
Cullough, Platte Madison, /. W. Matthews, J. W. 
Meadows, Henry Morgan, Lewis Nash, J. M. 
Nunn, S. E Pearson, j. H. Penland, F. L. Pep- 
per, N. J. Perkins, R. W. Phillips, G. S. Rosser, 
J. It. Saussey, F. M. Scroggins. Dunlup Scott, V 

F. Sisson, J. B. Sorrell, W. M. Tumlin, R. A. 
Turnipseed, L. H. Walthal, L. C. A. Warren, 
Ware, Frank Wilcher, Wilcox, J. C. Wilson— 53. 

Illinois. 

Senate, May, 1869. 

Yeas — Messrs. John II. Addams, Thomas A. 
Boyd, Andrew Crowford, John C. Dore, William 
C. Flagg, Greenbury L. Fort, Allen C. Fuller, 
Isaac McMauus, Jolin McNulta, Dan. W. Mann, 
A. B. Nicholson, William Patten, Daniel J. 
Pinckney, Henry Snapp, J. W Strevell, John 
L. Tincker, John P. Van Dorston, Jasper D. 
Ward— 18. 

Nays — Messrs. S. K. Casey, S. R. Chittenden, 
James M. Epler, Edwin H. Harlan, William 
Sheppard, Joseph J. Turney, John M. Woodsoii — 



* March 11, a joint resolution to ratify the amend- 
ment was adopted by 67 yeas to CO nays, three other 
members protostinK that if the proposed amendment 
does not confer upon the colored man the right to liold 
office, then they vote "ayo." otherwise "no " March 
12 this vote was reconsidered by Ci) yeas to 4) nays. 
Bubsequently, March Ki, a sulistituto ratifying the 
amendment" was offered and adopted by the abore 
vote. 



House of Representatives, March 5, 1869. 

Yeas — Messrs. Joseph M. Bailey, L. L. Bond, 
Alexander W. Bothvvell, Thomas H. Burgess, 
James E. Callaway, Samuel H. Challis, Henry 
C. Child, Philip Collins, Ansel B. Cook, John 
Cook, Franklin Corwin, Irus Coy, Peter W. 
Deitz, James Dinsmoor, Silas H. Elliott, David 
M. Findley, Calvin H. Frew, W. Selden Gale, 
George Gay lord, George Gundlach, Philip K. 
Ilanna, Joel W. Hopkins, Humphrey Horrabin, 
Daniel Kerr, Alonzo Kinyon, J. C. Knicker- 
bocker, Iver Lawson, Charles W. Marsh, John M. 
McCutcheon, James R. Miller, William B Miller, 
Francis Munson, Adam Nase, George W. Parker, 
James M. Perry, William E. Phelps, John Porter, 
NN. Ravlin,Chas G. Reed, J. S. Reynolds, Alex- 
ander Ross, John W. Scroggs, Hiram F. Sickles, 
William M. Smith. Wilson "M. Stanley, William 
Strawn, Ephraim Sumner, Jacob Swigart, H. 
H. Talbott, E. S. Taylor, Bradford F. Thomp- 
son, L. D. Whiting, Samuel Wiley, Jonathan 

C. Wilhs, Ogden B. Youngs— 55. 

Nays— Messrs. Silas Reason, Andrew J. D. 
Bradshaw, Lewis Brookhart, Beatty F. Burke, 
Charles Burncit, Newton R. Casey, Joseph Cooper, 
Edward L Deuison, James E. Downing, John 
Ewiny. Thomas B. Fuller, E. M. Gilmore, John 
Halley, Thomas Jasper, John Landrigan. Edward 
Lanning, Thomas E. Merritt, Abraham Mittower, 

D. H Morgan, Timothy M. Morse, Smith M. Pal- 
mer, C C. M. V. B. Paine, James G. Phillips, 
John W. Ross, Leonard Rush, S. R. Saltonstall, 
Cliorlcs Voris, David M. Woodson — 28. 

Not Voting — Henry Dresser, Henry Green — 

2. 

Indiana. 

Senate. 
Yeas — Messrs Alanson Andrews, F. G. Arm- 
strong, J. Rufus Beardsley, Fabius Josephus Bel- 
lamy, A. S Case, John Carew, Firmin Church, 
John R. Cravens, James Elliott, Sternes Fisher, 

E. W. Fosdick, Isaac P. Gray, John (ireen, John 
V. Iladley, Thomas M Hamilton, L. W. Hess, 
A Y. Hooper, David F. Johnson, Isaac Kinley, 
Thomas N- Rice, John Reynolds, Milton S. Rob- 
inson, William J. Robinson. Harvey D. Scott, 
John A. Stein, Anson Wojcott, Samuel F. Wood — 
27. 

Present bjt not Voting — James Bradley, Wil- 
liam W. Carson, George W. Denbo, Thomas Gif- 
\ford, E. C. Henderson, Archibald JoJmslon, Charles 
I B. Laselle. Thomas G. Lee, David Morgan, Wil- 
liam F. Sherrod, Wilson Smith — II. 

Absent— Messrs. Oehmig Bird, Sims A. Cal- 
ley. James M. Hanna, George V. Ilowk, Robert 
liuey, Elijah Huffman, James Hughes. J. M. 
Humphreys, Wdliam H Montgomery, William 
Taggart, William S. Turner — 11. 

* House of Representatives, May 14, 1869. 
Yeas — Messrs. George A. Buskirk, (Sfieaker.) 

*0n this day a message from the ,i;overnor an- 
nounced the resignations of the following members 
of tho House: 

Jamrs F. Mock. C. R. Corp. W. D. TTufrhinrff!, .T. n. Hobo, 
D. Monfgomcrt/, S. A. Shodff, D S. Fuller. J. <}. Johnson, 
Isaac Odcll. T. H. Pabncr. J. C. McGregor. C A'. ^Tc Bride, 
L. Carr.S. Wile, J. D. Williams. W. E. Dittcmorc. J>. W. 
Cunninnham, It. Logan, J. Addison. L. Calvert. I). H. Long, 
W. K. Admire, J. C. Laivlcr. W. Tebbs, J. D. Cor. J. Ilvatt, 
S. J. Barritt, J. L. Bates, D. McDonald, A. ZoUars, N. D 



VOTES OF LEGISLATURES. 



491 



Reuben Baker, John P. Barnett, Samuel Beatty, 
I'ieiding Beeler, Wm. C. Bowen, Robert Breck 
enridge, George W. Chapman, George F. Cbit- 
tenden, Stephen Davidson, Henry G Davis, 
Moses F. Dunn, Reuben W. Fairchild, Timothy 
Field, E. C. Field, Allen Furnas, Oliver P. Gil- 
ham, A. E. Gordon, Samuel Greene, Colbarth 
Hall, E. W. Hamilton. E. S. Higbee, John Hig- 
gins, Austin Hutson, Amasa Johnson, James T. 
Johnson, Samuel V. Jump, Robert T. Kercheval, 
Jonathan Lamborn, Thomas Mason, John Mille- 
kan, Robert Miller, William Y. Monroe, Milton 
A. Osborn, John Overmyer, Gilbert A Pierce, 
Isaac N. Pierce, John Ratcliff, James Ruddell, 
Stephen Sabin, William Skidmore, Allen W. 
Smith, A. P. Stanton, Richard Stephenson, Ste- 
phen H Stewart, David M. Stewart, Freeman 
Tabor, John J. Underwood, J. T Vardeman, T. 
J. Vater, J. A- Wildraan, Isaac Williams, Ben- 
jamin F. Williams, William Wilson — 54. 

PuESENT BUT NOT VoTiNG — Messrs. John R. 
Coffroth, J. S. Davis, and James V. Mitchell — 3. 



[Not yet voted.] 



Iowa. 



Kansas. 



Senate, February 27, 1869. 

Yeas — Abner Arrowsmith, J. C. Bailey, J. C- 
Broadliead, A. A. Carnahan, J. C. Carpenter, S. 
A. Cobb, W. H Fitzgerald, W. H. Grimes, 0. J. 
Grover, E. J. Jenkins, William Larimer, O. E. 
Learnard, James R. Mead, M. M. Murdock, John 
McKee, E. S. Niccolls, J. H. Prescott, Martin 
Schmitt, W. H. Smallwood, S. J. H. Snyder, A. 
G. Speer, E. Tucker, M. V. Voss, H. H. Wil- 
liams, Levi Woodward — 25. 

Nays— 0. 

Absent and not Voting— 0. 

House op Representatives, February 27, 1869. 
Yeas— Messrs. N. J. Allen, L. D. Bailey, P. 
Y. Baker, James Blood, M. B. Bowers, F. C. 
Bowles, Aaron Brundage, John Baterbaugh, 
Alexander E. Case, H. W. Cook, E. B Crocker, 
William Crosby, I. N. Dairy mple, Rufus Darby, 
C. Drake. A. J. Evans, F. Gilluly, Charles Gregg, 
Joel Grover. John Guthrie, W. M. Hamm, H. G. 
Hawkins. D. Helphrey, Joseph Howell, J. M. 
Hunter, M. B. Hupp, Samuel Hymer, George E. 
Irwin, Z. Jackson, J. L. Jones, J. B. Johnson, 
D B. Johnson, B. F. Johnson, Josiah Kellogg, 
Cyrus Kilgore, W. W- Lambert, Samuel Lappin, 
J S Larimer, Joseph Logan, J. H. M?dden, Joel 
Maltby, J. B. Moore, John McClenahan, C. C. 
McDowell, J. A. McGinnis, H. W. McNav, W. 
F. Osborne, A. C. Pierce, J. Q. Porter. J. T. 
Rankin, M. H. Ristine, D. D. Roberts, L. Rob- 



Afilps, T. W. Lemman, W. G Neff, J. C. Shoemaker, M. 
T. Carnahan, P. M. Zenor, J. M. Slz^^h, J. &. Cotton, J. F. 
Wdborn, L. D. Britton, B. D. Miner^S.. 

After the message, a vote was taken upon the adop- 
tion of the proposed XVth amendment, with above 
result. The Speaker ruled, that for ordinary legisla- 
tion the State constitution preseribe.s that two-thirds 
of the House (or 67 member.i present and answering 
to their names) constitutes a quorum, but it does not 
define what number of members, more than a simple 
majority of the legisl.ature. shall be suttirietit to act 
upon ft proposed amendment to tlie I'nitod States 
Constitution. He therefore declared the resolution 
adopted. 



erts, A. G. Seaman, E Secrest, William Simpson, 
W. H. Smith, J. D. Snoddy, R. E. Stevenson, 
Jacob Stotler, J. S. Taylor, Perry Tice, W. F. 
Travis, Wm. J Uliler, James Walmsley, Amos 
Walton, Saml. R. Weed. R. P. West, David Whit 
aker, J. L. Williams, T. R Wilson, George W 
Wood, M. S. Adams, (Speaker) — 73. 

Nays — Messrs. Thomas Fceny, R. V. Flora 
N. Humher, R E. Palmer, P H Tiernan, Geo 
W Tlionipson, John F. Wriqht — 7- 

Not Voting— Messrs. T. H. Butler, E E. Cof- 
fin, Oliver Davis, S. K. Hungerford, G. B. Inge, 
J. S. Martin, A. J. Mowry, McGrath, Mcintosh, 
R. Smith- 10. 

Kentucky.* 

Senate, March 12, 1869. 

Yeas — R. T. Baker, Robert Boyd, John B. 
Bruner, 0. P. Johnson, Henry C. Lilly, W. J. 
Worthington — 6. 

Nays — Mr. Speaker, {Wm. Johnson,) Joseph 
M. Alexander, F. M Allison, A. K. JBradley, 
Jno. O Carlisle, Jos. H. Chandler, Jno. B. Clarke, 
Lyttleton Cooke, A. D. Crosby, Wm. A. Dudley, 
A. H. Field, Joseph Gardner, Evan M. Garriott, 
P. H. Leslie, W. Lindsay, Isaac T. Martin, W. 
H. Payne, I. A. Spalding, E. D. Standeford, 
Philip Swigerl, Harrison Thompson, Oscar Tur- 
ner, A. C- Vallandigham, W. L. Varies, Benj. J. 
Webb, I. C. Winfrey, C. T. Worthington— 21 . 

House of Representatives, March 11, 1869. 

Yeas — Robert Bird, Alexander Bruce, Demp- 
sey King, Zachariah Morgan, Hiram S. Powell— 
5. 

Nays — Mr. Speaker, {John T. Bunch.) Peter 
Abell, John J. Allnutt. George W. Anderson, 
Robert C. Beauchamp, Higgason G. Boone, Or- 
lando C. Bowles, Jeremiah W. Bozarth, Jesse D. 
Bright, Richard J. Browne, William W. Bush, 
B F. Camp, Patrick Campion, George M. Cay- 
wood, A. T. Chenault, Thomas T. Cogar, John B". 
Conkwright, Thomas H. Corbett, Robert T Davis, 
John Deaton, Fra7icis U. Dodds, Michael A. 
Downing. 0. L- Drake, George W. Drye, Thomas 
J. Fades, George R. Fearons, Manlius T. Flip- 
pin, Hart Gibson, Robert T. Glass. Wm. 0. Hall, 
George Hamilton. Mortimer D. Hay, James R. 
HiNDMAN,f Smith M. Hobbs, Basil Holland, 
Richard C. Hudson, Thomas L. Jefferson, Alfred 
M. Jones, Francis Justice, Alfred Kendall, Gab- 
riel A. Lackey, J. Fry Lawrence, John W. Lea- 
thers, Charles H. Lee. Wm. Lusby, Wm. J. Lusk, 
Bcriah Magoffm, Samuel I. M Major, Andrew J. 
Markley, Alexander L. Martin, Mortimer D. 
Martin, Jas. M. McFerran. W. Estill McHenry, 
James A. McKenzie, Guy S. Miles, John Wesley 
Moscly, John Allen Murray, John W. Oqilvie, 
William N. Owens, Thompson S. Parks, Henry 
L. Perry, George G. Perkins, Julian N. Phelps, 
Elijah S Phister. Wm. Preston, Wm. B. R-^ad, 
John D. Russell, Cidvin Sanders, Robert Sim- 
mons, Fenton Sims. Alexander B. Smith, R^xhard 
M. Spalding. Barton W. Stone, David P. Stout, 
Hezekiah li. Thomas, James White, Robert K. 

* The vote actually taken was on a joint resolution to 
reject the amendment; but I have made the record to 
oorrespond in form witli the other States, in which 
the question was on ratifying. 

tConseryaiive. 



492 



POLITICAL MANUAL. 



White, James A. Wilson, Samuel M. Wralher, J. 
Mall Yowcll — 80. 

Louisiana. 

Senate, February 27, 1869. 

Yeas — Messrs C C. Antoine, H. J. Campbell, 
F. V. Coupland, L. B. Jenks, G. Y. Kelso, J. 
Lynch, J. J. Monette, C. C. Packard, P. B. S. 
Pinchback, E. Poindexter, G. Pollard, J. Ptandall, 
J. Ray, M. F. Smith, S. M. Todd, C Wilcox, J. 

B. Williams, J. Wittgenstein— 18. 

Nays— Messrs. 0. H. Brauglm, J. C Egan.W. 
L. Tliompson — 3. 

House of Representatives, March 1, 1869. 
Yeas — Messrs. Charles W. Lowell, (Speaker,) 
Isaac A. Abbott. Frank Alexander, F. C An- 
toine, C. J. Adolphe, Octave Belot, 0. H. Brew- 
ster, Dennis Burrell, B. Collins, W. S. Callioun, 
M. Carr, Sam E. Cuny, P. G Deslonde, E. W. 
Dewees. P. L Dufresne, A. J. Demarest, N 
Douglas, T. B. W. Evans, A. W. Faulkner, P. 
Guigonet. John Gair, J. Garsikamp. Chas. Gray, 
Paul Guidry. J. A. Hall. J. T. Hanlon, H. Heid- 
enhain. G. H Hill, E. Honore, J. W. Hutchinson, 
E. H. Isabelle, R. Lange, V. M. Lange, E. Le- 
Llanc, Chas. Le Roy, Milton Morris, J. H. Mc- 
Vean, Wm. Murrel.'W. C. Melvin, F. Morey, R. 
J. Moran, James S. Mathews, John Page, M. 
Raymond. D. H. Reese, Henry L. Rey, Moses 
Slerrett, Robert J. Taylor, A. Tureaud, H. C. 
Tounoir, 8. Umphreys, James J Walsh, Geo. 
Washington, E. S. Wilson, David Young — 55. 
Nays - Messrs. L. P. Bryant, James E. Currell, 
Wm. Haskell, James McCullen, W. Pope Noble, 

C. B. Pratt, J. E. Rengstorff, P. H. Waters, Jacob 
Zoelhj—9. 

Not Voting— Messrs. Leslie Barbee, W. W. 
Bennett, J. B Bergerson, F. Borge, J. A. Craw- 
ford, Jos. H. Degrange, Ulger Dupart, Ciiarles 
A E;iger, J. B. Esnard, David C. Fouts, Peter 
Harper, W. M. Holland, J. M Judice, Amos 
Kent, J B. Landers, A. L. Lee, E. F. L'Haste, 
Harry Lott, Jacob Magee, Theophilo Mahier, 
W. L McMillen, Joseph Mansion, C. R. May, S. 
C. Mollere, John Pearce, William H. Pierce, S. 
Prejean, Willis Prescott, J. Simms, H. C. Slaton, 
Henderson Williams, William C. Williams, L. 
A. Wiltz, B. C Wren, P. Jones Yorke, Nicholas 

Young — 36. 

Kaiao. 

Senate, March 11, 1869. 

Yras — Messrs. William W. Balster, John A. 
Buik, George Gary, T. H. Gushing, Reuel B. 
Fuller, Lorenzo Garcelon, Ciiarles E. Gibbs, 
George Go dwin, Thomas R. Kingsbury, M. D. 
L. Lane, Thomas S. Lang, Stephen D. Lindsay, 
Manderville T. Ludden, Frederick G. Messer, 
Benjamin D. Metcalf, Jeremiah Mitchell, Jacob 
p. ^ioise. Benjamin B. Murray, jr., Sumner A. 
Patten, William B Snell, John L. Stevens, F. 
I^oring Talbot, Samuel Tyler, Luther U. Webb, 
Josepii H. West — I'o. 

Nay — Mr. Moses P. Mathews — 1. 

House, March 11, 1869. 
Adopted Unanimously — The members pres- 
ent, being: Charles B. Abbot, Nathaniel Averill, 



John W. Barker, E. K. Bennett, W. H. Bige- 
low, Francis Blackman, Granville Blake, E. P. 
Blaisdell, Hiram Bliss, jr., Uranus 0. Brackett, 
Alden Bradlbrd, Edmund Bragdon, jr., Henry 
Brawn, George E. Brickett, John R. Bridges, 
John A. Briggs, Jethro Brown, James M Buz- 
zell, O. W. Caldwell, E. A. Calderwood, P. J. 
Carldon, Hanson T. Carver, John S. Case, J. H. 
Chamberlain, Andrew C. Chandler, D. W. Chap- 
man, F. A. Chase, George A. Clark, James M. 
CofSn, Cyrus Cole, Marshall Cram, Joaeph Cran- 
don,jr., G. F. Danforth, William Dickey, Ahner 
Dinsmore, William S. Dodge, William Dolbier, 
J. H. Drummond, (Speaker,) Edwin A. Duncan, 
Cyrus Dunn, James Dunning, Parker G. Eaton, 
Robert Edcs, E. C Farrington, /. A. Farrington, 
A. B. Farwell, W. B. Ferguson, Jjevi H. Folsom, 
Francis H Foss, Isaac Foster, Jacob F. Frede- 
ric, Washington Gilbert, D. T. Giveen, Isaac B. 
Goodwin, G. C. Goss, A. Greely, Seward B. Gun- 
nison. James R Haley, John S. P. Ham, O. A. 
Hammond. G. W. Hammond, Austin Harris, A. 
J. Hatch, Joseph W. Holland. George S. Holman, 
Caleb Holyoke, William Hopkins, G. W. Howe, 
Wales Hubbard, Aaron W. Huntress, William 
Irish, Charles Junkins, Eleazer Kelley, Ezra 
Kempton, I. G. Kimball, Thomas Knowlton, 
Francis B. Lane, Andrew Leighton, Jonathan 
Libby, William L. Longley, Tobias Lord, Leon- 
ard Lord, William W. Lucas, George C. Lynam, 
John G. Mayo, A. B. McCausland, Orrin Mc- 
Fadden, Mason J. Metcalf, Charles V. Minot, 
Charles J. Morris, S. M. Newhall, StiUman 
Noyes, jr., Lyndon Oak, G. S. Palmer, J. W. 
Palmer, George Parcher, Jere G. Patten, David 
Patterson, Andrew M. Peables, Henry 0. Perry, 
Oscar Pike, Stanley A. Plurnraer, Daniel F. Pot- 
ter, C. M. Powers, A. C. Pray, Joseph C. Purin- 
ton, Thomas B. Reed, Samuel A. Rendell, S. D. 
Richardson, William M. Rust, Edmund Russell, 
John Russell, D. W. Sawyer, Whitman Sawyer, 
Stillman W. Shaw, Reuben Small, Joseph 0. 
Smith, Thaddeus S. Somes, Pliny B. Soule, Jas. 
M. Stone, L. H. Storer, Ira D. Sturgis, Judah D. 
Teague, N. Thompson, E. W. Thompson, J. P. 
Tliwing, Philander Tolman, Abner Toothaker, 
Eastman H Tripp, Charles Y. Tuell, Ellery 
Turner, Thomas E. Twitchell, Alfred Watts, 
Cyrus Waugh, E. W. Wedgewood, Andrew J. 
Weston, Charles R. Whidden, Daniel White, 
Joshua Whitney, Elijah Wyman. 



[Not yet voted.] 



Maryland. 



Massachusetts. 

Senate, March 9, 1869. 
Yeas — Messrs. Natlil. E. Atwood, Nathl. J. 
Holden, Joshua N. Marshall, George M. Rice, 
George 0. Brastow, Estes Howe, George H. Mon- 
roe, H. H. Coolidge, Richmond Kingman, Dan- 
iel Needham, George S. Taylor, Samuel D. Crane, 
Lucius J. Knowles, Julius A. Palmer, Whiting 
Griswold, John H. Lockey, Richard Plumer, 
Gershom B. Weston, John B. Hathawa" Chas. 
R. McLean, Joseph G. Pollard, O. H. P. Smith, 
George M. Buttrick, George A. King, Edwin L. 
Morton, George H. Sweetser, J. Scott Todd, Ed- 
mund Dowse, Ciiarles R. Ladd, Robert C Pitman, 



VOTES OF LEGISLATURES. 



4D3 



Harrison Tweed, Charles A. Whirlock, Francis 
A. Hobart, Charles Marsh, Joseph G. Ray, Jona- 
than White — oG. 

Nays— Messrs. Benjamin Dean, Alonzo M. 
Giles— 2. 

House of Representatives, March 12, 1869. 
Yeas — Messrs. William T. Adams, Alexander 
H. Allen, John A. P. Allen, William W. Ama- 
don, Frank M. Ames, Isaac A. Anthony, John 
I. Baker, Life Baldwin, John Barlow, William 
E. Barnes, William Bartlett, Ezra Batcheller, 
Jacob Bates, Lonng Bates, Marcus A. Bates, 
Alfred Belden, Francis W. Bird.Saml G. Bowd- 
lear, Charles Bradley, Samuel P. Breed, Ezra C 
Brett, Benjamin A Biidges, Jethro C. Brock, 
William G. Brooks, John Brown, Werden R. 
Brown, Ferdinand L. Burley, Alvah A. Burrage, 
Alfred A. BurriU, Rodney French, Josiah 0. 
Friend, jr., Cliauucey G Fuller, Geo. L. Gibbs, 
Edwin Gilbert, Kimball C. Gleason, Abijah W. 
Goddard, Stephen D. Goddard, John B. Good- 
rich, Thomas H. Goodspeed, Levi S. Gould, Sam. 
H. Gould, Wesley A. Gove, Win. T. Graramer, 
Calvin S. Greenwood, Charles H. Guild, Moses 
H. Hale, Lyman S. Hapgood, Rich. P. A. Har- 
ris, Abraham G. Hart, Edward H. Hartshorn, 
Andrew L. Haskell, Wm. H. Haskell, James A. 
Hervey, James Hewes, Chas. A. Hewins, Elmer 
Hewitt, Wm. Hichborn, Levi W. Hobart, Thorn- 
dike D. Hodges, Ambrous Hodgkins, Alvah Hol- 
•way, James Horswell, Samuel Horton, Charles 
H. Hovey, Geo. F. Howland, James Humphrey, 
Theodjre C Hiird, Harvey Jewell, (Speaker,) 
Henn L. Johnson, Robert Johnson, Herbert C. 
Joyner, Shubael B. Kelley, William W. Kellogg, 
Thos. G. Kent. Moses Kimball, Dexter S. King, 
Enoch King, Daniel \V. Knight, Jos. S- Knight, 
Oliver S. Butler, Solomon Carter, Albert Chara- 
berlin, Linus M. Child, Wm. M. Child, Horace 
Choaie, Le Baron B. Gburch, Joseph N. Clark, 
Asa Clement, Samuel Cloon, Aurj G. Goes, Ben- 
jamin F. Cook, George P. Cox, Freeborn W. 
Grassy, James M. Cunliff, Robt. S. Daniels, Elna- 
than Davis, William W. Davis, Ebenezer Dawes, 
John Dean, Avery J. Denison, Benjamin Dupar, 
J. Franklin Dyer, Wm. I. Edwards, Thos. Ellis, 
Jacob Fisher, Charles A. Kiske, Wm. Fletcher, 
James B. Francis, Franklin C. Knox, Albeit 
Langdon, Roger H. Leavitt, Manning Leonard, 
Nahum Leonard, jr., William Livermore, Caleb 
Lombard, Josiah Lor '. jr., Marcus M. Luther,- 
Charles N. Marsh, Wm. Melcher, Wm. R. Mel- 
den, Chas. H. Merriam, John M. Merrick, Moody 
Merrill, Wm. H. Merritt, Lansing Millis, Eben 
Mitchell, Elliott Montague, Lyman E. Moore, 
Asa P. Morse, Newton Morse, Edwin Mudge, 
Nathaniel C. Nash, Henry J. Nazro, Thomas L. 
Nelson, Daniel H. Newton, Jeremiah L. Newton, 
Geo. K. Nichols, Jolin P. Ober, Weaver Osborn, 
Rufus S. Owen, Samuel S. Paine, John C. Peak, 
Joseph D. Peirce, Francis A. Perry, Avery Plu- 
mer, A. A. Plimpton, M. C. Phipps, Augustus 
Pratt, Joseph A. Priest, Asahel D. Puffer, Ed- 
gar H. Reed, Ezra Rije, James Ritchie, James 
H. Roberts, Ensign B. Rogers, Joseph N. Rolfe, 
Augustine K. Russell, George J. Sanger, Joseph 
L, Sargent, Samuel D. Sawin, Clark Sears, John 
N. Sherman, Rufus S. Slade, Edward Smith, 
Horace Smith, Iram Smith, John J. Smith, Mar- 



tin L. Smith, Willis Smith, Welcome W. Sprague, 
Charles W. Soule, L. Miles Standish, Haynes K. 
Starkweather, Eliphalet Stone, Ruel F. Thayer, 
Justus Toner, S. K. Towle, Welcome H. Wales, 
Royal S. Warren, Thos. S. Waters, Henry White, 
D Dwight Whitmore, Emerson Wight, Charles 
Wilcox, Salem Wilder, Alfred M. Williams, War- 
ren Williams, William D. Witherell, George M. 
Woodward, D. T. Woodwell, Luther A. Wright, 
P. Ambrose Young — 192. 

Nays — Messrs. Jiich. D. Blinn, Dennis Caw- 
ley, jr , Samuel Clark, Alanson Crittenden, Ben- 
jamin Franklin, Dennis J. Oorman, Hugh A. 
Madden, Murdock Matheson, Charles J. Mcln- 
tyre, F. H. Morse, Thomas F. Plunkett, Thomas 
k. Plunkett, Caleb Rand, James Wilson, Orlow 
Wolcott— 15. 

* Not Voting— 33. 

Michigan. 

Senate, 1869. 

Yeas— Charles Andrews, John K. Boies, Evan 
J. Bonine, Henry C. Conkling, John. C Fitzger- 
ald, Bela W. J'enks, John H. Jones, Ezra L. 
Koon, Charles Blunt Mills, Stephen Pearl, Peter 
R. L. Peirce, Delos Phillips, Abraham C Pruty- 
man, Hampton Rich, Elliott T. Slocum, Amos 
Smith, Thaddeus G. Smith, John H. Standish, 
George Thomas, Jerome W. Turner, P. Dean 
Walker, William B. Williams, (President, pro 
tern.,) Richard Winsor, Alfred B. Wood, Hiel 
Woodward— 25. 

l^ AYS— William Adair, Lore' zo M. Mason, 
Edward O. Morton, Lyman Decatur Norris, 
William Willard,jr. — 5. 

House of Repkesentatives, 1869. 

Yeas— John Avery, Horace T. Barnaby, Ben- 
jamin L. Baxter, Isaac D. Beall, John E. Blake, 
Ezra Bostwick. Nathan S. Boynton, George, G. 
Briggs, Ellery A. Bronnell, Alexander Cameron, 
Benjamin Clark, Archer H. Crane, Daniel L. 
Grossman, James L. Curry, William R. Davis, 
Philo Doty, William R. Eck, Adam Elliott, 
George H. Fenner, Ceylon C. Fuller, Milo E. 
Gifford, Levi N. Goodrich, William W. Hartson, 
Henry H. Holt, Dexter Horton, Edmund W. 
Hunt, William H. Hurlbut, Benjamin W. Hus- 
ton, jr., Loomis Hutchinson, John N. Ingersoll, 
Charles A. Jewell, Peter Lane, Enos T. Lovell, 
Jan es W. Mandigo, Edward M. Mason, Henry 
McCowen, Norton L. Miller, Charles R. Milling- 
ton, William H. C. Mitchell, Lyman Murray, 
Orlando Newman, Henry A. Norton, John M. 
Osborn, Emory M. Plimpton, Uzziel Putnam, jr.. 
Almond B. Riford, Harvey B. Rowlson, George 
P. Sanford, Brackley Shaw, jr., Charles Shier, 
Aaron Sickels, Thomas J. Slayton, Robert B. 
Smith, Jos. W. Snell, Abiel S. Stannard, Frank 
B. Stockbridge, George W. Swift, Almon A. 

* Under an order of the He ase, permitting absentees 
to record how they would have voted had they been 
present, the following were recorded : 

YE.4S— Messrs. George H. Barrett, Wm. W. Nichols, 
S. H. Walker, Henry Chase, O. S. Brown, E. Foster 
Bailey, Lewis 8. Judd, Addison G. Fay, Henry Blake, 
Jos. A. Stranger, Francis A. Nye, Samuel B. Simmons, 
Stephen M. Crosby, S. S. Willson, Charles P. Lyon, 
Shepard Thayer, Tilly Haynes, Frank M. Ames, W. A. 
Russell, Edward Stowell— 20. 

NsY— Patrick A. Collins. 



494 



POLITICAL MANUAL. 



Thompson, George Vowles, Jolin Wagner, John 
Walker, Jacob Walton, Edgar B. Ward, Luther 
Westover, Hubert G. William?, James A Wil- 
liams, Jonathan T. Woodman, (Speaker,) Samuel 
W. Yawkey— 60. 

Nays — liobert V. Brings, Orman Clark, Beta 
Cugshall, Jcrojne B. Eaton, Thomas W. Harris, 
John H. Hubbard. Frederick O. Kendrich, James 
Kin'/sley, Peter Klein, James B. LeT, John Q. 
McKernan, Cyrus Mdcs, William Parcell, Claude 
N. Riopelle, James W. liomeyn, James Stewart, 
Newton Shelton, Peter Ternes, Joseph Weier, 
Jacob A. T Wendall, Darwin 0. White, Elliott 
H. Wilcox, William D. Williams, David A. 

Woodard—2'i. 

Minnesota. 

[Not yet voted — the lef:;islature declining to act 
upon a telegram, and adjourning prior to receipt 
of an official copy of proposed amendment.] 



Mississippi. 



[Not yet voted.] 

Missouri. 

Sekate, March 1, 1869. 
Yeas— Messrs Wells H. Biodgett, George W. 
Boardman, C. S. Brown of Shelby, Theodore 
Bruere, John S. Corender, John B. Clark, sr , 
David R. Conrad, Lewellyn Davis, Isam B. Dod- 
son, Ellis G. Evans, Jo'lm M. Filler, Louis Gott- 
Bchalk, Minor T. Graham, Thos. Harbine, Sam- 
uel W. Headlee, George IL Rea, Stephen Ridg- 
ley, Wm. B. Rogers, M. G. Roseberry, William 

A. Shelton, James H. Todd, David A. Waters, 
Eugene Williams 23. 

Nays— Mes.srs. James H. Birch, jr., Josej)h 
Brown of St. Louis. Thomas M. Carroll, Tltomaa 
Essex, Thomas J. 0. Morrison, John H. Morse 
James S. Pollins, Thomas B. Peed, Henry J. 
Sj^amihorst — 9. 

Not Voting- George W. Elvvell, John C. Hu- 
man. 

House of Representatives, March 1, 1869. 

Yeas — Messrs. John C. Orrick, (Speaker,) J. 
J. Akard, Ben Alsup, T. W. Allred, A. Jackson 
Baker, T. S. Benefiel, Tarlton Brewster, W. P. 
Browning, Henry Bruihl, C. C. Byrne, Daniel 
Clark, M. S. Courtright, D. S. Crumb, W. H. H. 
Cundiff, E. S. Davis, R. B. Dennv, R. T. Dibble, 
J. H. Dolle, D. S. Donegan, W. B. Elliot. A. M. 
Ellison, Frank Eno, J. W. Enoch, W. J. Fergu- 
son, E. P. Ferrell, J. B. Freeman, A. L. Gibbs, 
J. II. Glenn, Ricliard Gladney, A. Hackman, J. 

B. Harper, Samuel Hayes, J. T. K. Hay ward, A. 
F. lleely, N. P. Howe, Anthony Ikner, Jesu 
Jennings, R. F.Johnson, T. H. Jones of Laclede, 
W. A. Jones of Nodaway, R. D- Keener, G. R. 
King, Oscar Kirkham, N. B. Klaine, M. L. 
Laughlin, Wm. Lawson, F. T. Ledergerl)er, F. 
E. Lombar, J. M. Magner, M. J. Manville, J. C. 
McGinnis, J. F. McKernan, W. H. McLane, R 
S. Moore. H. G. Mullings, A. Munch, W. N. 
Nalle, T. D. Neal, W. H Norris, C. R. Peck, 
Anthony Perry, J. L. Powell, J. M. Quigley, 
Constance Riek, J. P. Robertson L. A. Roun- 
tree. F. T. Russell, Louis Schulenberg, W. L. 
Snidow, James Southard, T. J. Staubcr, E. Stin- 
Bon, L. A. Thompson, J. S. Todd, J. L. N'lckers, 



G. H. Walser, H. Winchester, Jacob Yankee, J. 
M. Young— 79. 

Nays — Messrs. /. F. Adams, Joseph Bogy, W. 
H. Bowles, A. F. Brown of Callaway, L. A. 
Brown of Howard. A. Purge, J. O. Burton, 
Thomas Byrns, D. L. Caldwell, P. A. Campbell, 
Tyree Harris, Garland Hurt, William Key, F. 
L. Marchand, Andrew McElvaiv, J. M. Mc^R- 
chad, a J. Mdler, A. W. Mitchell of St. Louis, 
/. P. Murphy, A. P. Phillips; Lucius Salisbury, 
J. Sahjer, E. C. Sebastian, M. Sides, O. D. Sloan, 
C. P. Smythe, J. H. Terry, Robert Waide, T. F. 
Warner, C. Weinrich — 30. 



[Not yet voted.] 



Nebraska 



Nevada. 



Senate, March 1, 1869. 
Yeas— Messrs. David H. Brown, T. W. Abra- 
ham, T. D. Edwards, C. H. Eastman, 0. II. Grey, 
Wm. N. Hall, James W. Haynes, M. S. Hurd. 
David L. Hastings, Benjamin S. Mason, Thomas 

B. Sliamp. C C. Stevenson, Frederick A. Tritle, 
D. W. Welty— 14. 

Nays — Messrs. M. S. Bonnifield, Eugene B. 
Hazard, Jacob J. Linn, Robert Ifullan, Wm. O. 
Monroe, Samuel Wilson — 6. 

House of Representatites, March 1, 1869. 

Yeas — Messrs. D. 0. Adkison, (Speaker,) J. 
K. Barney, Wilmer Brown, N. E. Bunker, J. S. 
Burson, J. A. Burlingame, William H. Corbett, 
H F. Dangberg, S. J'. Davis, William Doolin.J. 
S. Ford, W. D. Gray, J. M. Handford, John 
Hanson, C. J. Hillyer, C. D. King, George J. 
Lammon, J. L. Richardson, C. P. Shakespere, E. 
R. Schimmin, John Welch, J. M. Woodworth, S. 

C. Wright— 23. 

Nays — Messrs. Anderson, John Bowman, E. 
Clark, A. C. Cleveland, G D. Coburn, J. S. May- 
hugh, O. F. Mills, R. J. iMoodv, S. A. Moulton. 
A. K. Potter, F. W. Randall, T. W. Rule, R. H. 
Scott, J. W. Small, T. J. Tennant, A. B. Waller 

16. 

New Hampshire. 

* Senate, 1869. 

House of Representatives, 1869. 
Yeas — Messrs. William C. Noyes, Jacob Luf 
kin. John W. Dudley. Rufus W. Moore, Daniel 
Clifiord, Harvey P. Hood, George Moore, 2d.. 
Sebastian A. Brown Andrew J. Hoyt, Ebenezer 
Folsom, George Beebe, John D. Ordway, Dewitt 
C Durgin, Emery Batclu-lder, Andrew W. Mack, 
Matthew Holmes, Joshua M. Bickford, Charles 
Wingale, William II. Y. Hackett, Edward D. 
Coffin, Daniel J. Vaughn, Isaiah Wilson, Wm. 
P. Jones, Charles Robinson, William H. Hen- 
derson, Frank W. Miller, John W. Wheeler, 
Joel C. Carey, George Marston, Patrick Quinn, 
Leonard Lang, Rei Hills, John S. Buzzell, Jos. 
Daniels, William T. Wentworth, Hiram F. Snow, 
Alvah Moulton, Samuel M. Wheeler. (Jeorge 
Wadleigh, Oliver Wyatt, Charles II. Sawyer, 
Jonas H. Colony, John Hill, George L3'man, 



* Adopted the amendment, but returns not received 
in time for insertion. 



VOTES OF LEGISLATURES. 



49, 



Samuel G. Chamberlain, Larkin Harrington, 
John Crockett, 8ilas Hussey, jr., Jos. N. Hayes, 
John Drew, Daniel Chadbourne, George Stevens, 
Daniel J. Holmes, Charles F. Montgomery, Chas. 
Hayes, Waller G. C. Emerson, Ruius G. Morrill, 
Enoch Franders, Stephen B. Cole, Rufus E. Gale, 
Geo. W. Sanborn, Sam'l. Emerson, Aaron Clarke, 
Wm. Blake, jr., Mark Nickerson, Wm. M. Weed, 
Enoch Q. Fellows, Jas. M. Pease, Sam'l. W. Rob- 
erts, Blake Folsom, Nehemiah Butler, Wm. H. 
Allen, Henry Farnum, John West, Benjamin E. 
Badger, Augustine C. Pierce, Ephraim W. Wood- 
ward, Jos. W. Prescott, Calvin C. Webster, Geo. 

F. Whittrege, John B. Ireland, Arthur S. Nes- 
mith, George W. Rice, Moses Favor, Benjamin 
J. Gile, Thomas B. Jones, Reuben E. French, 
Nahum T. Greenwood, Nathaniel G. Foote, Chas. 
E. Perkins, Cyrus French, David A. Macurdy, 
William A. Mack, William N. Tattle, James H. 
Hall, Samuel D. Downes, John Greer, Lucien D. 
Hunkins, Avery M. Clark, Chas. B. Richardson, 
Daniel M. Greeley, Luther Cram, Joseph L. 
Stephens, Nathan P. Kidder, Timothy W. Chal- 
lis, Geo. S. Andrews, Jas. 0. Adams, Albert H. 
Daniels, William Flanders, Herman Foster, Ben- 

i"amin Currier, Samuel D. Lord, James P. Eaton, 
lobert Hall, Robert M. Shirley, Elisha B. Bar- 
rett, Benj. Ela, Samuel G. Dearborn, Bainbridge 
Wadleigh, Archibald H. Dunlap, George A. 
Ramsdell, Caleb Burbank, Amos Webster, Chas. 
Holman, William A. Preston, Riley B. Hatch, 
Chas. Wilder, Stephen H. Bacon, Isaiah Wheel- 
er, Charles 0. Ballon, Alonzo H. Wood, Aaron 
Smith, John N. Richardson, George S. Wilder, 
Frederick W. Bailey, John Humphrey, Solon S. 
Wilkinson, Robert Wilson, Charles Bridgman, 
Solon A. Carter, Wm. French, Jairus Collins, 
Geo. A. Whitney, Alba C. Davis, Charles Mason, 
William H. Porter. Augustus Hodgkins, Henry 
Abbott, Edward Alexander, Chas. H. Whitney, 
Chapin K. Brooks, Nathan W. Howard, Frank- 
lin W. Putnam, William Ellis, Hiram Webb, 
Edward L. Goddard, George N. Farwell, Joseph 

B. Comings, Albina Hall, William H. Eastman, 
Martin Bascom, Benjamin F. Sawyer, John B. 
Cooper, Levi F. Hill, Thos. N. Hughes. Abner 
Fowler, Sam'l. K. Mason, Erastus Dole, Converse 

G. Morgan, Herbert Bailey, Jacob S. Perley, Jas. 
S. Adams, Harlow S. Nash, Joseph W. Cleveland, 
Jesse C. Sturtevant, Hiram Noyes, Horace B. 
Savage, Isaac D. Miner, Theodore M. Franklin, 
Frank Paddleford, Reuben Batclielder, Henry 
H. Palmer, WiUard Spencer, Henry 0. Kent, 
Ossian Ray, Charles E. Philbrook, George W. 
Libbey— 187. 

Nays— Messrs. John W. Gate, Jesse W. Sar- 
cjcnt. Joseph R Garrish, George W. Sanborn, Jas. 
L. Rimdlctt, Stephen G. Sleeper, Chas. W. Piek- 
erinfi, Josiah D. Presscott, Charles B Clark, Wm. 
A. Shackford. Nathan II. Leavitt.jr., Levi Wil 
son, Samuel S. Warner, Pike II. Ilarccy, John R. 
Reading, Samuel L^ngdon, David Gri§ln, Thos. 
Green, Joseph Chase. Lafayette Hall. Harry S. 
Parker, Ilosea B. Snell, Franklin Cnlbath, Chas. 
H. Boodi/, William Prodor, Jacob W. Evans, 
Ehenezer P. Osgood, John IF. Busiel, Jolm Neally, 
Natlian B. Wadleigh, Lyman B. Ames, William 
S. Woodman, Benjamin B. Lamprey. Harrison 

C. Smith, Thomas J. Allard, George W. M. Pit- 
man, Daniel Chandler, 2d, Christopher W. Wil- 



der, Charles H. Osgood, Thomas Lovering, Jona- 
than Gale, William II. H. Mason, llenry J, 
Banks, Sanborn B Carter, Elisha Goodwin, jr., 
Henry Dowst, Henry A. Weymouth, Samuel O. 
Clement, William 0. Heath, Joseph Ayers, John 
8. Sherburne, Charles Smith, Samuel Martin, Ar- 
chelcnus Moore, Jaines M Sawyer, Hiram Cilley, 
Charles C. Rogers, Christopher G. McAlpine, 
Lemuel W. Cdlins, Jason Walker, Jno. C. Dodge, 
Augustus Wdson Alfred W Savage, Brooks K. 
Webber, Ephraim Button, John W. Griffin, An- 
drew W. Raymond, George Edgceomb, Dennis D. 
Sullivan. Eldridge P. Brown. Andrew J. Bennett, 
William G Butler, Franeis Green, Joel Hessel- 
ton, Silas Chapman, Asa H. Burge, James H. 
Goodrich, Aaron D. Hammond, Ezra G. Hunt- 
ley, Asa H. Bullock. Edward E. Upton, Philip D. 
Angier, David Parsons, Leonard B. Holland, 
George Rust, Charles Knight. John Chase, Abram 
Bean, Daniel A. George, Ora M. Huntoon, Weld 
D. Proctor, Luke Gale, John Bedel, Chase Whit- 
cher, Thomas J. Spooner, James C. Felch, Joseph 
D. Weeks, John A. Butrick, Elias M. Blodgett, 
James M. Dristen, Nathaniel W. Chcjiey, Alvah 
Stevens, Joseph Wheat, George F. Putnam, Charles 
M. Weeks, Thomas Muzzey, George F. Cummings, 
Daniel Whitcher, Samuel A. Edson, Charles C. 
Smith, Richard Smith, Joseph A. Dodge, Horace 
B. Perkins, George W. Garland, Samuel B. Page, 
Joseph Savage, Joseph W. Campbell, Daniel Green, 
Charles S. Leavitt, Benjamin Young, William S. 
Rolfe, Lucius Bond, Charles L. Heywood, Rufua 
F. Ingalls, Charles L. Plaisted, Moses Hodgdon, 
jr., Wayne Cobleigh. Thomas C. Hart, Cyrus E. 
Bickjord, Sylvanus M. Jordan, Sam. C. Brown — 

131. 

New Jersey. 

[Late in the session, the Senate, by a party 
vote, passed a resolution postponing all action 
on the amendment till the third Tuesday of Jan- 
uary, 1870 — the Republicans voting no. The 
House did not act on the resolution ] 

New York. 

Senate, April 14, 1869. 

Yeas — Messrs. Samuel Campbell, Orlow W. 
Chapman, Richard Crowley, Charles J. Volger, 
Matthew Hale, Wolcott J. Humphrey, George 
N. Kennedy, Abner C. Mattoon, Lewis H. Mor- 
gan, John I. Nicks, John O'Donnell, Abiah W. 
Palmer, Abraham X. Parker, Charles Stanford, 
Francis S. Thayer, John B. Van Petten, Stephen 
K. Williams— 17. 

Nays —Messrs. A. Bleecher Banks, Geo. Beech, 
John J. Bradley, William Cauldivell, Thomas J. 
Creamer, Lewis A. Edwards, Henry W. Genet, 
William M. Graham, John F. Hubbard, jr., Lewis 
Morris, Henry C. Murphy, Asher P. Nichols, 
Michael Norton, James F. Pierce, William M. 
Tweed— 15. 

House, March 17, 1869. 

Yeas — James R. Allaban, A. H. Andrews, Clif- 
ford S. Arms, Eli Avery, Isaac V. Baker, jr., W. 
F. Barker, C. V. B. Barse, Benjamin J. Bassett, 
P. H. Bender, D. V. Berry, Monroe Brundage, 
W. W. Butterfield, Albert C. Calkins, Winfield 
S. Cameron, W. W. Campbell, Wesley M. Car- 
penter, James A. Chase, G. Clark, W. A. Coannt, 



496 



POLITICAL MANUAL. 



Hugh Conger, George Cook, H. M. Crane, J. C. 
Bancroft Itavis, Erasmus W. Day, J. Dimick, B. 
Dooiittle, E. Ely, W. M. Ely, Beujamin Farley, 
J. Ferris, Sanl'ord Gifford, George M. Gleason, 
Elijah M. K. Glenn, David R. Gould, Miles B. 
ilackett, Marvin Harris, W. W. Hegeman, F. A. 
llixson, A. B. Hodges, C. Dewitt Hoyt, Marcus 
A. Hull. James A. Husted, James V. Kendall, 
E. C. Killiam, Nicholas B. La Bau, James D. 
Lasher, S. Mitchell, J. M. Palmer, C. Pearsall, 
. William I. Terry, Andrew J. Randall, G. Ray, 
CharlesB. Rich,8ilas Richardson, James A. Rich 
rnond, Samuel Root, E. F. Sargent, J. O. Schoon- 
inaker, John H. Selkreg.L. E.Smith, N. B.Smith, 
D. Stewart, W. H. Stuart, Moses Sumraei ', Mer- 
ritt Thornton, Lyman Truman, Addison B. Tut- 
tle. Edward C. Walker, C. H. Weed, Hiram Whit- 
marsh, C. S. Wright, Truman G. Younglove — 72. 

Nays— (?. /. Bramler, W. G. Berrjen. N. C. 
Bradstrect, Denis Burns, T. J. Campbell, Owen 
Cavanagh, H. M. Clark, Henry J. CuUcn,jr., P. 
Ji. Dyckman, C. Ferris. A. J. Flynn, John Gal- 
vin, Baldwin Griffin, William Ilalpin, Anthony 
Hartman, A. E. Hasbrotick, William Hitchman, 
Morgan Horton, H. B. Howard, James Irving, 
John C. Jacobs, Law. D. Kiernan, John M. Kim- 
ball, J. L. La Moree, E. D- Lawrence, Thomas 
Y. Lyon, Josiah T. Miller, P. Mitchell, William 
W. Moseley, M. C. Murphy, Martin Karhlmann, 
D. O' Keeffe, Edward L, Patrick, J. B- Pearsall, 
Georgia W. Plunhitt, Josiah Porter, B. M- Skcels, 
A. W. Smith, James Stevens, Edward Sturges, 
James Suffern, John Tighe, Moses Y. Tilden, D. 
W. C Tower, Peter Trainer, Charles H. Whalen, 
Henry Woltman — 47. 

Not Voting — Edward Akin, Matthew P. Be- 
mus, John Decker, John L. Flagg, George L. Fox, 
Alexander Frear, John Keegan, John B. Mad- 
den, H. Ray— 9. 

North Carolina. 

Senate, March 4, 1869. 

Yeas — Messrs. William Barrow, J. W. Beas- 
ley, P. T. Beeman, N. B. Bellamy, C H. Brog- 
den. Silas Burns, Jas. Blythe, D. D. Colgrove, 
J. B. Cook, J. H. Davis, J. B. Eaves, Henry 
Eppes, Samuel Forkner, A. H. Galloway, 0. S. 
Hayes, J. S. Harrington, J. A. Hyraan, A. J. 
Jones, W. D. Jones, Pi,. W. Lassiter, Edwin Legg. 
J. M. Lindsay, P. A. Long, W. L. Love, L. A. 
Mason, F. G. Martindale, W. .A. Moore, W. M. 
Moore, J. W. Osborne, W. B. Richardson, J. B. 
Respass. T. M. Shoffner, S. P. Smith, J. W. Ste- 
phens, W. H. S. Sweet, G. W. Welker, E. A. 
White. R. J. Wynne, C S. Winstead, Peter Wil- 
son — -10. 

Nays — Messrs. Joshua Barnes, E. L. Beall, 
J. W. Graham, 0. Mclchor, W. If. Bobbins, J. G. 
Scott— Q. 

House, March 4, 1869. 

Yeas — Messrs Joseph W. Holden, (Speaker,) 
Wallace Ames, Thomas M. Argo, J. Ashworih, 
Louis Banner, S. C. Barnett, E. T. Blair, J. W. 
Bowman, W. G. Candler, M. Carson, W. Carev, 
Wm. Cawthorn, H. C Ciierry, J. H. Crawlbrd, 
Joseph Dixon, Hugh Downing, D. S. Ellington, 
L. G. Estes, R. Falkenor, F. W. Foster, S. D. 
Franklin, George Z. French, Geo. W. Gahagan, 
W. W. Gilbert, George A, Graham, W. W. Grier, 



W. T. Gunter, J. T. Harris, J. H. Harris, W T. 
J. Hayes, A. L. Hendrix, R. H Hilliard, B. R. 
Hinnaut. David Hodgin. P. Hodnctt, J. Hoff- 
man S. G Horney, T. 0. Humphries, Ivey Hudg- 
ings, Dixon Digram, 2'. J. Jarvis, W. D. Justus, 
J. M. Justice, / A. Kelly, Geo. Kinney, Byroa 
LaBin, J. S. Leary, J. B. Long, C. Mayo, W. W. 
McC'anless, J. R. Mendenhall, F. G! Moring, 
/. A. Moore, W. A. Moore, B. D. Morrill, B. W. 
Morris, R. C. Parker, J. T. Pearson. E. W. Pou, 
Geo. W. Price, jr., E. K. Proctor, J. W. Ragland, 
J. J. Red, John W. Renfrow, P. D. Robbins, /. 
L. Bobinson, J. T. Reynolds, A. T. Seymour, W. 
B. Siegrist, James Sinclair, J. R. Simonds, J. J. 
Smith, E. T. Snipes, George W. Stanton, Hiram 

E. Stilley, J. S. Sweat, T. A. Sykes, T. M. Vestal, 
J. P. Vest, J. E. Waldrop, W. P. Welch, J. 
White, B. D. Whitley, L. D Wilkie, J. H. Wil- 
liamson, S. C. Wilson, A. C. Wiswall — 87. 

Nays — Messrs. /. /. Allison, N. E. Armstrong, 
W. W. Boddic, J. W. Clayton, Plato Durham, 
T. Farrow, W. B. Ferebee, J. P. Gibson, J. A. 
Hawkins, D. P. High, W. H Malone, J. C. Mc- 
Millan, T. A. Nicholson, E. M. Painter, David 
Proffit, Isaac M. Shaver, J. L. Smith, D. E. Smith, 

F. Thompson, B. C. Williams— 20. 

Ohio.* 

Senate, April 30, 1869. 

Yeas — Messrs. Thomas R. Biggs, J. Twing 
Brooks, J. B. Burrows, Abel M. Corey, David 
A Dangler, Homer Everett, L. D. Griswold, J. 
Francis Keifer, Henry Kessler, King, Solomon 
Kraner, Abraham Simmons, William Stedman, 
Samuel N. Yeoman — 14. 

Nays — Messrs. Curtis Berry, jr., W. H. H. 
Campbell, Wm Carter, S F. Dowdney, J. Emmitt, 
Louis Evans. T. J. Godfrey, W. Beed Golden, 
Harmount Robert Hutcheson, James B. Jamison, 
Jo7i(ithan Kcnncy, William Lawrence, Daniel B. 
Linn, Manuel May, Henry W. Onderdonk, Geo, 
Bex, Charles M. Scnbner, Jolm L. Winner — 19. 

House, April 1, 1869. 
Yeas — Messrs. Ross W. Anderson, Madison 
Belirs, Hiram Bronson, Delos Canfield, Reuben 
P. Cannon, S. C. Carpenter. George Crist, Rob- 
ert B. Dennis, Joseph H. Dickson, Jeremiah M. 
Dunn, William M. Eames, Morris E. Gallup, 
Benjamin L. Hill, Amos Hill, William P. John- 
son, Samuel F. Kerr, Samuel 0. Kerr, M. C. Law- 
rence, Alfred E. Lee, Samuel T. McMorran, Fred. 
W. Moore, Welcome O.Parker, William Ritezel, 
Jonathan K. Rukenbrod, James Sayler, William 
H. Scott, John Lincoln, William Sinclair, Geo. W. 
Skaats, Perry Stewart, Josiah Thompson, Joseph 

C. Ulleiy, Henry Warnking, Marwin Warren, 
Thomas Welsh, Jacob Wolf — oti. 

Nays — Messrs. William T. Acker, Jacob Ba- 
ker, Edward Ball, Wilmer M. Belville, John W. 
Branch, Peres B. Buell, Bushnall. Daniel J. Cal- 
lev, Joseph R. Cockerill. Elisha G. Denrnan, Jo- 
seph Dilworth, Levi Dungan, William Fielding, 
Isaac J. Finlcy, Elias W. Gaston, Robert B. Gor- 
don, Eliel Ilcadley, George Henricks, William 

D. Hill, Peyton Ilord, John L. Hughes, Hxtyh 



*Tho vote actually taken was on a joint rcsoliUioa 
to reject, but I Ikivo made the record correspond with 
other States, and stated itas if the motion hud been to 
ratify. 



VOTES OF LEGISLATURES. 



407 



7. Jeivett, Richard E. Jones, John D. Kemp, Jno. 
M. Kennon, Wm. Larwill, John Laivson, Ralph 
Leete, C. T. Mann, Lawrence McMarrell, More, 
Lawrence T. Neal, James W. Newman, 21iomax 
M. Nichol, Morgan N. Odell. James Parks, Jno. 

B. Read, James Robinson, William L. Ross, N. 

C. Ruttcr, William Shaw, Andrew J. Swain, Je- 
riah Swetland, Ansel T. Walling, William R. 
Wilson, Samuel M. Worth, and Speaker — 47. 



[Not 3-et voted. 



Oregon. 



Pennsylvania. 

Senate, March 11, 1869. 

Yeas— Messrs. Esaias Billingfelt, James C 
Brown, G. Dnvvson Coleman, George Connell, 
Russell Errelt James VV. Fisher, James L. Gra- 
ham, A. Wilson Henszey, James Kerr, Morrow 
B. liowry, A. G. Olmsted. P. M. Osterhout, Jno. 
K. Robinson, C. H. Stinson, Alex. Stutzman, A. 
W. Taylor, H. White, Wilmer Worthington— 18. 

Nays — Messrs. John B. Beck, R. S. Brown, 
Charlton Burnett, J. D. Davis, C. M. Duncan, 
George D. Jackson, R. J. Lindcrman, William 
McCandless, Charles J. T. Mclntire, A. G. Mil- 
ler, D. A. Nagle, William M. Randall, Thom,as 

B. Searight, Samuel G. Turner, William A. Wal- 
lace — 15. 

House of Representatives, March 25, 1869. 
Yeas — Messrs. Alex. Adaire, Fred. W. Ames, 
William Beatty, Samuel T. Brown, Andrew J. 
Buffington, Wm. M. Bumd, Loren Burritt, John 
F. Ciiambeilain, Thos Church, Junius R. Clark, 
John Cloud, Elisha W. Davis, Allender P. Dun- 
can, John Edwards, David Foy, Jacob C. Gat- 
chell, Alex C. Hamilton, Jacob G. Heilman, 
A. Jackson Herr, Wm. G. Herrold, Robert Her- 
vey. Henry B. Hofl'man, Jas. Holgate, Marshall 

C. Hong. Washington W. Hopkins, Miles S. 
Humphreys, Jas. A. Hunter, Samuel M. Jack- 
son, Samuel Kerr, Chas. Kleckner, Augustus B. 
Leedond, Alex. Leslie, Jacob H. Longenecker, 
David M. Marshall, Amos H. Martin, Stephen 
M. Mereditii, Vincent Miller, George F Morgan, 
George W. Myers, Thomas Nicholson, Jerome B. 
Nile«, Wm. P. I. Painper, Jacob G. Peters, Jas. 
M. Phillips, Geo. P. Rea, Archimides Robb, Jos. 
Robison, David Robison, Almon P. Stephens, 
James V. Stokes, John D. Stranahan, Butler B 
Strang, Jas. Subers, Aaron H. Summy, James 
Tavlnr, Harvey J. Vankirk, John H. Walker, 
Jaines H. Webb, Jno. Weller, Geo. S. Westlake, 
Geo. Wilson, John Clark, (Speaker,)— 62. 

Nays — Messrs. Joshua Beans, Michael Beard, 
Samuel F. Bossard, Phillip Breen, Henry Brobst, 
Robert B. Brown, Theodore Cornman, Daniel 
H. Greitz, Samuel D. Dailey, William J. Davis, 
Armstrong B Dill, .James Eschbach, John II. 
Fogel, George II. Goundie, Henry S Hottenstein, 
George R. Iliirsk, Pdchmond L. Jones, Samuel 
Josephs, WiUiurn H. liase, Thos. J. McCullough, 
John M. Ginnis, Edward C. McKinstry, Henry 
McMiller, P. Gray Meek, Michael Mullin, Wm. 
M. Nelson, Decatur E. Nice, Danl. L. O'Neill, Jas. 
Place, Wm. H. Playford, John Porter, Benja- 
min F. Porter, John I. Rogers, George Scott, Jos. 
Sedgwick, John Shirely, Lewis H. Stout, Nathan 
O. Westler— 38. 
'62 



Bbode Island. 

Senate, May 27, 1869. 
Yeas— Messrs. Wheaton Allen, Nicholas Ball, 
George L. Clark. George II. Corliss, Benoni Car- 
penter, Samuel W. Church, James S. Cook, Geo. 
B. Coggeshall, John M. Douglass, James T. Ed- 
wards, Benjamin Fessenden, Lysander Flagg, 
Cliarles H. Fisher, Albert G. Hopkins, David 
Hopkins, Asahel Matteson, Jos. Osborne, Daniel 

B. Pond, William C. Potter, Jethro Peekham, 
Isaac B. Richmond, Lewis B. Smith, Cnarles C. 
Van Zandt— 23. 

Nays — Messrs Pardon W. Stevens, AXjre.d 
Anthony, William Butler, Stephen C. Browning, 
SiUs C. Crandall, Samuel H. Cross, Alexander 
Eddy, Timothy A. Leonard, Nathaniel C. Peck- 
ham, John B. Pearce, Joseph W. Sweet, George W, 
Taylor— 12. 

House of Representatives, May 29, 1869. 

Vote on postponing the question till the January 

session. 

For Postponement— Messrs. William D. Aid- 
rich, Ferdinand H. Allen, Emor J. Angell, Ju- 
lius Baker, George N. Bliss. Theodore P. Bogert 
Baj'lies Bourne, John C. Brown, Ezra J. Cady, 
/. Hamilton Clarke, Nathaniel B. Durfee. Henry 
T. Grant, Richard W. Greene, Mason W. Hale, 
Stephen Harris, William S. Kent, Robert R. 
Knowles, Edward Lillibridge, John Loveland, 
Francis W Miner, Arlon Mowry, George H. 
Olney, Samuel B. Parker, John C Pegram, Sam- 
uel Rodman, jr., William P. Shaffield, Nathaniel 

C. Smith, George T. Spicer, Joseph E. Speink 
Horatio A. Stone, Nathan T. Verry, Albert M, 
Waite, John E. Weeden, Joseph D. Wilcox, Jas. 
M. Wright— 35. 

Against Postponement — Messrs. Benjamin T, 
Fames, (Speaker,) William T. Adams, Edwin 
Aldrich, Lucius C. Ashley, John H. Barden, Wil- 
liam W. Blodgett, Francis Brinley, Joseph F. 
Brown, Henry Bull, jr., John T. Bush, Thoniaa 
G. Carr, John G. Childs, Thomas Coggeshall, jr., 
James C- Collins, Davis Cook, jr., Saladin Cook, 
Ed. Dowling, Daniel E. Day, Henry F. Brown, 
Edwin L. Freeman, George W. Green, David S. 
Harris, W'm. Knowles, Nathan B. Jjewis, Jesse 
Metcalf, Jabez W. Mowry, Charle.s H. Perkins, 
William H. Seagrave, Owen W. Simmons— 29. 

South Carolina. 

Senate, March 6, 1869. 

Yeas— Messrs. H. Itick, R. H. Cain, E. F 
Dickson, R. J Donaldson, H. W. Duncan, J. A. 
Greene, W. R. Hoyt, J. K. Jill.son, C P. Leslie, 
John Lunney, C. W. Montgomery, PI. J. Max- 
well, W. B. Nash, Y. J. P. Owens, J. H Rainey, 
W. E. Rose, S. A. Swails, J. J. Wright— 18. 

Nay — Mr. Joel Foster — 1. 

House of Representatives, March 11, 1869. 
Yeas — Messrs. F. J. Moses, jr., (Speaker,) B. 
A. Boseman, B. F.Berry, W J.Brodie, S Brown, 
John Boston, Joseph Boston. John A Boswell, 
Jason Bryant, W. A. Bishop, Lawrence Cain, E. 
J. Cain, Wilson Cooke, W. S. Collins, Joseph 
Crews, R. C. DeLarge, John B. Dennis, William 
Driffle, R. B. Elliott. J. H. Feriter S. Farr W. 
H. W. Gray, John Gardner, yEsop Goodson, E. 



498 



POLITICAL MANUAL. 



Hayes, C. D. Hayne, James N. Ilayne, B. TTutn- 
phries, G- llollinan, Jajiies Hutson. D. Hams, 
John B. Hyde, D. J. J. Johnson, W. E John- 
Eton, S. Johnson, B. F. Jackson, H. Jacobs. B. 
James, H. James, \V. R. Jervay, J. H. Jones, W. H. 
Jones, C S. Kuh, H. J. Loniax, George Lee, S. J. 
Lee, J. Long, J. Mayer, W. C. Morrison, W. J. Mc- 
Kinley, E. Mickey, G. F. Mclnlyre. H. McDnn- 
iels, J. S. Mobley, J. P. Mays, J. W. Mead, W. 
Nelson, J. W. Nash, J. L. Nagle, P. J. O'Con- 
nell, H. W. Purvis, W. Perrin, J. Prendegrass, 
A. J. Ptansier, Thomas Richardson, T. Root, A. 
Rush, P. R. Rivers, E. M. Stoeber, C. J. Stol- 
branch, Robert Smalls, A. Smith, S. Saunders, 
H. L. Shrewsbury, P. Smythe, T. K Serporlas, 
R. F. Scott, B. A. Thompson, S. B. Thompson, 
Reuben Tomlinson, W. M. Thomas, S. Tiuslev, 
C. M. Wilder, John Woolev, W. J. Whipper, J. 
H. White, J. B. Wright, George M. Wells— 88 

Nays— Messrs. 0. M. Doyle, R. M. Smith, 
John Wilson — 3. 

Not Voting — Messrs. B. Barton, T. F Cly- 
burn, John A. Chestnut, George Dusenberry, L 
W. Duvall, F. De Mars, P. E. Ezekiel, John G 
Grant, J. Henderson, J. H. Jenks, H. Johnson. G. 
Johnson, W. C. Keith, F. A. Lewie, S. Littlejohn, 
Wm. McKinlev, John B. Moore, Y. B. Milford, 
F. F. Miller. W. J. Mixson, S. Nuckles, C. H. 
Pettengill, B. F.Sloan, W. G. Steivart, William 
Simons, J. Smiley, C C Turner, W. W. Waller, 
H. W. Webb-29. 



[Not yet voted 



[Not yet voted. 



Tennessee. 



Texas. 



Vermont. 



[Not yet voted.] 

Virginia. 

[Not yet voted.] 

West Virginia. 

Senate, March 3, 1869. 

Yeas — Messrs. Joseph T. Hoke, (President,) 
James Burley, H. K. I)ix, Willis J. Drummond, 
Ephvaim Doolittle, George K. Leonard, Z. D. 
Eamsdell, Alstorpheus Werninger, Wm. Work- 
roan, Samuel Young — 10. 

Nay.s — Messrs. Lewis Applegate, Wm. J. Bore- 
man, Jes.'e H. Gather, Henry G. Davis, John M. 
Phelps, Andrew Wilson — (i. 

House, March 2, 1869. 
Yeas — Messrs. Solomon G. Fleming. (Speaker,) 
Joseph W. Allison, George W. Oarjjenter, James 
Car[ienter, Benjamin F. Charlton, Elias Cun- 
ningham, George Edwards, Joseph H. Gibson, 
Sidney llayrnond, Fenelon Howes, John S. 
Keever, Edward S. Maiion, Andrew W. Mann, 
William M. Powell, Thomas G. Putnam, John 
Reynolds, Barney J. P>,ollins, Owen Q. Scofield, 



John Rufns Smith. Jes=e 't . Snodgrass, Richard 
Thomas, William 0. Wright— 22. 

Nays— Messrs. Rhodes B. Ballard, John Bow- 
yer, Reuben Davisson, Henry H. Dits, William 
M. French, Alpheus Garrison, Benjamin F. Har- 
rison, James Hervcy, John A. Hutton, Alexander 
M. Jacob, John J. Jacob, John Kincaid. Daniel 
Lamb, Thomas W. Manion, Jas. T. McClaskey, 
David S. Pinnell, Charles W. Smith, Louis C. 
Stiiel, John T. Vance— Id. 

Wisconsin. 

Senate, March 9, 1869. 

Yeas — Messrs. Henrv Adams, S. S. Barlow, 
W. J. Copp, J. W. Fisher, William M. Griswold, 
Geo. C- Hazelton, Lemuel W. Joiner, W. J. Ker- 
shaw, A. W. Newman, David Taylor, Anthony 
Van Wyck, Geo. D. Waring, Chas. M. Webb, 
C. G. Williams, Nelson Williams— 15. 

Nay^ — Messrs. W. J. Abrams. Satterlee Clarke, 
H. H. Gray, Curl Habich, Chas. H. Larkin, 
Wm. Pitt Lynde. Lyman Morgan, Geo. Reed, 
Adam Schanlz, W. W. Woouman, Wm. Young 
—11. 

Absent and not Voting — E. S. Bragg, C. M. 
Butli, William Ketcham, N. M. Littlejohn, M. W. 
Louder, Curtis Mann, Henry Stevens — 7. 
House of Representatives, March, 3, 1869. 

Yeas — Messrs. Fayette Allen, Douglas Ar- 
nold, H. D. Barron, J. B. G. Baxter, J. Bennett, 
Van S. Bennett. Benjamin II. Bettis, J. M. 
Bingham, J. N. P. Bird, Thomas Blackstock, H. 
C Bottuin, G H. Brock, Luther Buxton, Syl- 
vester Calwell, Ben M. Coules, Joseph S. Curtis, 
W. P. Dewey, Seth Fisher, Jas. S. Foster, Hiram 
L. Gilmore, Geo. T. Graves, J. K. Hamilton, 
Joseph Harris, Andrew Henry, Robert Henry, 
Edwin Jj Hoyt, Frederick Huntley, Edwin 
Hurlbut, Thos. A. Jackson, D. II. Johnson, J. 
E. Jolinson.C. C Kuntz.O. B. Lapham, A. R. Mc- 
Cartney, J. R. McDonald, John McLees, D. E. 
Maxson, Knute Nelson, C. C. Palmer, C. J). 
Parker, C H. Parker, Cvrus Perry, A. L. Phil- 
lips, Thad. C. Pound, ""Abner .Powell N. B. 
Richardson Freeman M. Ross, Wm E Rowe, M. 
H. Sessions, Adelnian Sherman, John A. Smith, 
S. E. Tarbell, Joseph M. Thomas, Thornton 
Thompson, Vernon Jjichoner, G. W. Trask. A. J. 
Turner, N. P. Waller W S. Warner, Jellerson F. 
Wescott. Samuel C West, and Mr. Speaker A. M. 
Thomson — 62. 

Nays — Messrs. John Adams, Jvhn II. Bohne, 
A. K. Delaney. Andrew Dieringer, Richard Don- 
ovan, Patrick Drew, Rees Evans, B. F. Fay, John 
Fellenz, Charles Geisse, Job Haskell, James Woye 
E. II. Ives, John Kastler, J. McDonald, C. E, 
Mcintosh, D. W. Maxon, William Murphy, Eu 
gene O'Connor, C. H M. Peterson, J. Phillips 
C. Pole, Jerome B. Potter, Henry Reed, Henry C 
Rankel, John Ruttledge, John Scheffel, Geo. B 
Smith, Joseph Winslow — 29. 

Not Voting — Messrs. George Abert, P. J. 
Conklin, J. L. Fobes, John Gillesjiie, Daniel 
Hooper, A. G. Kellam, Henry Roethe, Parian 
Semple, Randall Wilcox — 9 



STATISTICAL TABLES. 

PRESIDENTIAL ELECTION RETURNS-NATIONAL DEBT STATEMENT. 



^Electoral and Popular Votes for President of the TTnited Statest for the Term Commencing 

March 4, 1889. 



States. 



New Hampshire. 
Massachusetts .... 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia! 

North Carolina ..., 
South Carolina... 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Indiana 

Mississippi! 

Illinois 

Alabama 

Maine 

Missouri 

Arkansas 

Michigan. 

Ploridaf 

Texasll 

Wisconsin 

Iowa 

California , 

Minnesota 

Oregon 

Kansas 

West Virginia .. 

Nevada .. 

Nebraska 



Excluding Georgia,. 
Georgia 



Including Georgia. 



JFoR President of the 
United States. 



t3 



214 
214 



O <D 



Popular Vote. 



38,191 
130,477 
12,'193 
50,(;41 
44,107 
419,883 
80,121 
342,280 
7,(i23 
30,438 



90,220 
02,3(11 
39,.5O0 
50,7r,7 

280,128 
33.203 

17(i,.'-)52 



2.")(l,293 
70.300 
70,420 
85.071 
22,1 r)2 

128,.0,'JO 



108,.''57 

120,399 

54,.'-i92 

43,.542 

10,901 

31,049 

2;»,025 

0,480 

9,72!l 






31.224 
59,408 
C,54S 
47,000 
12.045 

429,883 
83,001 

313.382 
10,980 
02,357 



84,090 

45,237 
115,889 

20.311 
238,700 

80,225 
100,980 



199,143 

72.086 
42.390 
59,788 
19,078 
97,069 



84,710 

74,0-10 
54.078 
28,072 
11,125 
14,019 
20.306 
5,218 
5,439 



71 

^1 



2,955,009 
57,134 



:,0OO,427 
102,822 



3,012,833 2,703,249 






0,9C7 

77,009 

0,445 

3,041 

32,122 

gio,;:;M) 

g2.SS0 

28,898 

?3,357 

g31,919 



12,136 
17,004 

§70,323 
30,446 
41,428 

§40.902 
9,572 



51,150 
4,280 

28,030 

25,883 
3,074 

31,481 



24,147 
40,359 

514 

15,470 

glG4 

17,030 

8,719 

1,202 

4,290 



355.272 
245,083 



309,584 



♦The whole number of electors to vote for President and Vice President, including eleetorb of Georgia, is 294, 
of which a majority is 148; and the whole number, excluding those of Georgia, is 285, of which a majority is 143. 

fFor presidential election returns of 1860 and 1864 see p. Ill Political Manual for 1868, or p. 372 Hand-Book oj 
Politics. 

I For Vice President, Schuyler Colfax, of Indiana, received 214electoral votes; and F. P. Blair, Jr., of Missouri, 
71 votes, excluding the vote of Georgia, or 80 incIudiQg it. 

3 Democratic majorities. 

II No vote. 

if By legislature. 



600 



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' 



XLIX. 



MISCELLANEOUS MATTERS. 



Letter from General Sherman. 

THE SDKREKDER OF GENKRAL JOS. E. JOHNSTON. 

Tu the editor of the Trihiuie. 

Sir; In your issue of yesterday is a notice of 
Mr. Healy'.'* picture, representing the interview 
between Mr. Lincoln, General Grant, Admiral 
Porter, and myself, whicli repeats substantially 
the account published some tune ago in Wakes' 
Spirit of the Times explanatory of that inter- 
view, and attributing to Mr. Lincoln himself the 
paternity of the terms to General Johnston's 
army at Durham, in April, 1865 * 

I am glad you have called public attention to 
the picture il.=elf, because I feel a personal inter- 
est that Mr. ilealy should be af)preciated as one 
of our vf^ry best American artists. But some 
friends here think by silence I may be construed 
as willing to throw off on Mr. Lincoln the odium 
of those terms. If there be any od«um, which 
I doubt, I surely would not be willing that the 
least t^how of it should go to Mr. Lincoln's mem- 
or}', which I hold in too much veneration to be 
stained by anything done or said by me. I un- 
derstand that the substance of Mr. Wilkes's orig- 
inal article was compiled by him after a railroad 
conversation with Admiral Porter, who was pres- 
ent at that interview, as represented in the pic- 
ture, and who made a note of the conversation 
immediately after we separated. He would be 
more likely to have preserved the exact words 
used on the occasion than I, who made no notes, 
then or since. I cannot now even pretend to re- 
call more than the subjects touched upon by the 
several parties, and the imfiression left on my 
mind after we parted. The interview was in 
March, nearly a month before the final catastro- 
phe, and it was my part of the plan of opera- 
tions to move my army, reinforced by Schofield, 
then at Goldsboro', North Carolina, to Burkes- 
ville, Virginia, when Lee would have been forced 
to surrender in Richmond. The true move left 
to him was a hasty abandonment of Richmond, 
join his force to Johnston's, and strike me in the 
open country. The only question was, could I 
Kustain this joint attack till General Grant came 
up in pursuit? I was confident I could; but at 
the very laoment of our conversaiion General 
Grant was moving General Sheridan's heavy 
force of cavalry to his extreme left to prevent 
this very contingency. Mr. Lincoln, in hearing 
us speak of a final bloody battle, which I then 
thought would fall on me near Raleigh, did ex- 
claim, more than once, that blood enough had 
already been shed, and he hoped that the war 
would end without any more. We spoke of 
what was to be done with Davis, other party 



• For t.bese terms, see Politinal Manual for 1866, and 
the JHaEd-Book of Politics for 186H, p. 121. 



leaders, and the rebel army; and he left me un- 
der the im[iression that all he asked of us was 
to dissipate tiiese armies, and get the soldiers 
back to their homes anyhow, the quicker the 
better, leaving him free to apply the remedy and 
the restoration of civil law. He (Mr. Lincoln) 
surely left upon my mind the impression, war- 
ranted by Admiral's Porter's account, that he 
had long thought of his course of action when 
the rebel armies were out of his way, and that 
he wanted to get civil governments reorganized 
at the South, the quicker the better, and strictly 
conforming with our general system. 

I had been absent so long that I presumed, 
of course, that Congress had enacted all the laws 
necessary to meet the event of peace so long ex- 
pected, and the near approach of which must 
then have been seen by the most obtuse, and 
all I aimed to do was to remit the rebel army 
surrendering to me to the cotiditions of the laws 
of the country as they then existed. At the 
time of Johnston's surrender at Durham, I drew 
up the terms with my own hand. Breckinridge 
had nothing at all to do with them more than 
to discuss tlieir effect, and he knew they only 
applied to the military, and he forthwith pro- 
ceeded to make his escape from the country; a 
course that 1 believe Mr. Lincoln wished that 
Mr. Davis should have succeeded in effecting, as 
well as all the other leading southern politicians 
against whom public indignation always turned 
with a feeling far more intense than against 
Generals Lee, Johnston, and other purely mili- 
tary men. 

I repeat, that, according to my memory, Mr. 
Lincoln did not expressly name any specific 
terms of surrender, but he was in that kindly 
and gentle frame of mind that would have in- 
duced him to approve fully what I did, except- 
ing, probably, he would have interlined some 
modifications, such as recognizing his several 
proclamations antecedent, as well as the laws of 
Congress, which would have been perfectly right 
and acceptable to me and to all parties. 

I dislike to open this or any other old ques- 
tion, and do it for the reason stated, viz, lest I 
be construed as throwing off on Mr. Lincoln 
what his friends think should be properly borne 
by me alone. 

If in the original terms I had, as I certainly 
meant, included the proclamations of the Presi- 
dent, they would have covered the slavery ques- 
tion and all the real State questions which 
caused the war: and had not Mr. Lincoln been 
assassinated at that very moment, I believe those 
"terms" would have taken the usual course of 
approval, modification, or absolute disapproval, 
and been returned to me, like hundreds of other 
official acts, without the newspaper clamor and 

604 



MISCELLANEOUS MATTERS. 



505 



nnpleasant controversies so unkindly and un- 
pleasantly thrust upon me at the time. 
I am, truly, yours, 

W. T. Shermak, Oentral. 
Washington, D. C, April 11, 1869. 

'President Grant's Proclamation for the Election 
in Mississippi, issued July 13, 1869. 

In pursuance of the provisions of the act of 
Congress approved April 10, 1869, I hereby 
designate Tuesday, the 30th day of November, 
as the time for submitting the constitution 
adopted on the 15th day of May, 1868, by the 
convention which met in Jackson, Mississippi, 
to the voters of said State registered at the date 
of such submission, viz, November 30, 1869. 

And I submit to a separate vote that part of 
Bection 3 of article VII of said constitution, 
which is in the following words: 

"That I am not disfranchised in any of the 
provisions of the act known as the reconstruc- 
tion acts of the 39th and 40th Congresses, and 
that I admit the political and civil equality of 
all men; so help me God: Provided, That if 
Congress "shall at any time remove the disabili- 
ties of any person disfranchised in the said re- 
construction acts of the said 39th and 40th 
Congresses, (and the legislature of this State 
shall concur therein.) then so much of this oath, 
and so raucli only, as refers to the said recon- 
struction acts, shall not be required of such per- 
son 80 pardoned to entitle him to be registered " 

And 1 further submit to a separate vote sec- 
tion 5 of the same article of said constitution, 
whicli is in the following words: "No person 
shall be eligible to any office of profit or trust, 
civil or military, in this State, who, as a member 
of the legislature, voted for the call of the con- 
vention that passed the ordinance of secession, 
or who. as a delegate to any convention, voted 
for or signed any ordinance of secession, or who 
gave voluntary aid, countenance, counsel, or 
encouragement to [jersons engaged in armed 
hostility to the United States, or who accepted 
or attempted to exercise the functions of any 
office, civil or military, under any authority or 
pretended government, authority, power, or 
constitution, within the United States, hostile or 
inimical thereto, except all persons who aided 
reconstruction by voting for this convention, or 
who have continuously advocated the assem- 
bling of this convention, and shall continuously 
and in good faith advocate the acts of the same ; 
but the legislature may remove such disability: 
Provided, That nothing in this section, except 
voting for or signing the ordinance of secession, 
siiall be so construed as to exclude from office 
the private soldier of the late so-called Confed- 
erate btates army." 

And I further submit to a separate vote sec- 
tion 5 of article XII of the said constitution, 
which is in the following words: "The credit of 
the State shall not be pledged or loaned in aid 
of any person, association, or corporation ; nor 
phall th<i State hereafter become a stockholder 
in any corporation or association." 

And I further submit to a separate vote part 
of the oath of office prescribed in section 26 of 



• Received too late for insertion in proper place with 
other proclamations. 



article XII of the said constitution, which is in 
the following words; "'That I have never, as a 
member of any convention, voted for or signed 
any ordinance of secession ; that I have never, 
as a member of any State legislature, voted for 
the call of any convention that passed any such 
ordinance.' The above oath shall also be taken 
by all the city and county officers before enter- 
ing upon their duties, and by all other State 
officers not included in the above provision." 

I direct the vote to be taken upon each of the 
above cited provisions alone, and upon the other 
portions of the said constitution in the following 
manner, viz: 

Each voter favoring the ratification of the 
constitution, (excluding the provisions above 
quoted,) as adop.ted by the convention of May 
15, 1868, shall express his judgment by voting 

FOB THE CONSTITUTION. 

Each voter favoring the rejection of the consti- 
tution, (excluding the provisions above quoted,) 
shall express his judgment by voting 

AGAINST THE CONSTITnTION. 

Each voter will be allowed to cast a separate 
ballot for or against either or both of the provis- 
ions above quoted. 

It is understood that sections 4, 5, 6, 7, 8, 9, 
10, 11, 12, 13, 14, and 15, of article XIII, under 
the head of "Ordinance," are considered as 
forming no part of the said constitution. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of "Washington this thirteenth 
day of July, in the year of our Lord 
one thousand eight hundred and sixty- 
[SEAL.] nine, and of the independence of the 
United States of America the ninety- 
fourth. U. S. Grant. 
By the President: 

Hamilton Fish, 

Secretary of State. 

'President Grant's Proclamation for the Election 
in Texas, issned July 16, 1869. 

In pursuance of the provision."? of the act of 
Congress approved April 10. 1869, I hereby 
designate Tuesday, the 30th day of November, 
1869, as the time for submitting the constitution 
adopted by the convention which met in Austin, 
Texas, on the 15th day of June, to the voters of 
said State, registered at the date of such submis- 
sion, viz: 

I direct the vote to be taken upon the said 
constitution in the following manner, viz: 

Each voter favoring the ratification of the 
constitution, as adopted by the convention of 
the 15th of June, 1868, shall express his judg- 
ment by voting 

FOR THE CONSTITUTION. 

Each voter favoring the rejection of the con- 
stitution shall express his judgment by voting 

AGAINST THE CONSTITUTION. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington, this fifteenth 
day of July, in the year of our Lord 
one thousand eight hundred and sixty- 



506 



POLITICAL MANUAL. 



[seal.] nine, and of the independence of the 
United States of America the ninety- 
fourth. U. S. Gbant. 
By the President: 

Hamilton Fish, 

Secretary of State. 

Female Suffrage. 

The special committee of the Senate of Massa- 
chusetts has reported the following amendment 
to the constitution of that State: 

Article of amendment. — "The word 'male' is 
herehy stricken from the 3d article of the amend- 
ment of the constitution. Hereafter women 
of this Commonwealth shall have the right of 
voting at elections and be eligible to office on 
the same terms, restrictions, and qualifications, 
and subject to the same restrictions and disabili- 
ties, as male citizens of this Commonwealth now 
are, and no other." 

[This amendment must be approved by two 
successive legislatures, and then submitted to 
the men of the State.] 

June 2. — It was voted down by the Senate — 
yeas 9, nays 22, as follows: 

Yeas. — Messrs. Whiting Griswold, Francis A. 
Hobart. Nathaniel J. Holden, Richmond King- 
man, Ciiarles R. Ladd, Charles Marsh, Robert C. 
Pitman, (President,) Richard Plumer, Chas. U. 
Wheelock— 9- 

Nays. — Me-ssrs. Geo. 0. Brastow, Geo. M. But- 
trick, H. H. Coolidge, Sam'l D. Crane. Edmund 
Dowse, John B. Hathaway, Estes Howe, George 
A. King, C. J. Kittredge, J. N. Marshall, Geo. 
H. Monroe, E. W. Morton, J. R. Palmer, Jos. 
G. Pollard, 0. H. P. Smith, George H. Sweetser, 
George S. Taylor, Edward Thomas, J. S. Todd, 
Harrison Tweed, G. B. Weston, Jonathan White 
—22. 

Not Voting. — Messrs. Nathaniel E. Atwood, 
Benjamin Dean, A. M. Giles, L. J. Knowles, 
John H. Lockey, Charles R. McLean, Daniel 
Needham, Jos. G. Ray, Geo. M. Rice— 9. 

Proposed XYIth Amendment. 

House OF Representatives U. S., 1869, March 
16. — Mr. Julian introduced a joint resolution 
proposing the following as the XVIth amend- 
ment to the Constitution of the United States: 

Article XVI. The right of suffrage in the 
United States shall be based on citizenship, and 
shall be regulated by Congress, and all citizens 
of the United States, whether native or natural- 
ized, shall enjoy this right equally, without any 
distinction oi ^iacrimiDation whatever founded 



Proposed Amendment to Constitation of the 
United States. 

At various public meetings iho following 
amendment to the preamble of the Constitution 
of the United States has been proposed: 

We, the people of the United Slates, acknowl- 
edging Almighty God as the source of all author- 
ity and power in civil government, the Lord 
Jesus Christ as the ruler among tlie nations, and 
His will, revealed in the Holy Scriptures, as of 
supreme authority, in order to constitute a 
christian government, form a more perfect union, 
establish justice, insure domestic tranquillity, 
provide for the common defence, promote the 
general welfare, do ordain and establish this 
Constitution for the United States of America. 



Elections of 1869. 

In New Hampshire the vote was : for Gov- 
ernor, Onslow Stearns, (Rep.,) 35,733 ; John Be- 
del, (Dem.,) 32,001. 

In Rhode Island the vote was : for Governor, 
Seth Paddleford, (Rep.,) 7,359; Symon Pierce, 
(Dem.,) 3,390. 

In Connecticut the vote was; for Governor, 
Marshall Jewell, (Rep.,) 45,493 ; James E. Eng- 
lish, (Dem.,) 45,082. Jewell's majority, 411. 

In Michigan, at the judicial election, Thomas 
M. Cooley was elected justice of the supreme 
court by 90,705 to 59,886 for 0. Darwin Hughes, 

In Virginia the vote was : for Governor. Gil- 
bert C. Walker, (Cons.,) 119,492; H. H. Wells, 
(Rep.,) 101 ,291— Walker's majority, 18,264. The 
vote on clauses was: for clause 4, sec. 1, art. Ill 
of constitution, (disfranchising,) 84,410, against 
124,360— majority. 39,950; for sec. 7. art. Ill, 
(test oath.) 83,458, against 124,715- majority, 
41,257. For the constitution, 210,585, against 
9,136. 

In Washington Territory the vote was: for 
Delegate to Congress, Garfield, (Rep..) 2 742; 
Moore, (Dem.,) 2,595— Garfield's majority, 147. 

B. T. Daniel's Dispatch to President Grant. 

Richmond, July 7. 1869. 
Mr. President: On behalf of the State ex- 
ecutive committee of the Walker party, I con- 
gratulate you upon the triumph of your policy 
in Virginia. The gratitude of the people for 
your liberality is greatly enlivened by the over- 
whelming majority by which that policy pre- 
vails. R. T. Daniel, 

Chairman 
His Excellency U. S. Grant, 

Fretident of the United Stales. 



POLITICAL MANUAL FOR 18T0. 



MEMBERS OF THE CABINET OF PRESIDENT GRANT, 

AND OF THE FORTY-FIRST CONGRESS, SECOND SESSION. 



PBESIDENT GRANT'S CABINET. 

Secretary of State — Hamilton Fish, of New 

York. 
Secretary of the Treasury — George S. Boutwell, 

of Massachusetts. 
Secretary of War — Wm. W. Belknap, of Iowa.* 
Secretary of the Navy — George M. Robeson, of 

New Jersey. 
Secretary of the Interior — Jacob D. CoX, of Ohio. 
Fostmaster General — John A. J. Creswell, of 

Maryland. 
Attorney General — Amos T. Akerman, of Geor- 

gia.f 

UEMBERS OF THE FOBTY-FIBST CONGRESS. 

Second Session, December 6, 18G9— July 15, 1870. 

Senate. 

Schuyler Colfax, of Indiana, Vice President of 
the United States and President of the Senate. 

George C. Gorham, of California, Secretary. 

Maine — Lot M. Morrill, J Hannibal Hamlin. 

New Hampshire — Aaron H. Cragin, James W. 
Patterson. 

Vermont — Justin S. Morrill, George F.Edmunds. 

Massachusetts — Henry Wilson, Charles Sumner. 

Rhode Island — Henry B. Anthony, William 
Sprague. 

Connecticut — Orris S. Ferry, William A. Buck- 
ingham. 

New York — Roscoe Conkling, Reuben E. Fenton. 

New Jersey — Alexander G. Cattell, John P. Stock- 
ton. 

Pennsylvania — Simon Cameron, John Scott. 

Delaware — Willard Saulsbury, Thomas F. Bay- 
ard. 

Maryland — George Vickers, William T. Hamil- 
ton. 

Virginia^ — John W. Johnston, John F. Lewis. 

North Carolina — John C. Abbott, John Pool. 



♦ Qualified October 18, 1869, in place of John A. Raw- 
lins, deceased September ti, 1869. 

! Qualified Julys, 1870, in place of E. R. Hoar, resigned. 
Qualified December C, 18G9, in place of WiliiamPitt 
Fessenden, deceased. 

g Mr. Lewis qualified January 27, 1870 ; Mr. Johnston, 
January 28. 



South Carolina — Thomas J. Robertson, Frederick 
A.. Sawyer. 

Georgia. — Not represented. 

Alabama — -Willard Warner, George E. Spencer. 

Mississippi^ — Hiram R. Revels, Adelbert Ames. 

Louisiana — John S. Harris, William P. Kellogg. 

Ohio — John Sherman, Allen G. Thurman 

Kentucky — Thomas C. McCreery, Garrett Davis. 

Tennessee — Joseph S. Fowler, William G. Brown- 
low. 

Indiana — Oliver P. Morton, Daniel D. Pratt. 

Illinois — Richard Yates, Lyman Trumbull. 

Missouri — Charles D. Drake, Carl Schurz. 

Arkansas — Alexander McDonald, Benjamin F. 
Rice. 

Michigan — Jacob M. Howard, Zachariah Chand- 
ler. 

Florida — Thomas W. Osboi'n, Abijah Gilbert. 

Texas-f — Morgan C. Hamilton, James W. Flana- 
gan. 

Iowa — James B. Howell, + James Harlan. 

Wisconsin — Timothy 0. Howe, Matthew H. Car- 
penter. 

California — Cornelius Cole, Eugene Casserly. 

Minnesota — Daniel S. Norton,^ Alex'r Ramsey. 

Oregon — George H. Williams, Henry W. Corbett. 

Kansas — Edmund G. Ross, Samuel C. Pomeroy. 

West Virgiyiia — Waitman T. Willey, Arthur I. 
Boreman. 

Nevada — James W. Nye, William M. Stewart. 

Nebraska — John M. Thayer, Thomas W. Tipton. 

House of Representatives. 

James G. Blaine, of Maine, Speaker. 

Edward McPherson, of Pennsylvania, Clerk. 

Maine — John Lynch, Samuel P. Morrill, James 
G. Blaine, John A. Peters, Eugene Hale. 

New Hampshire — Jacob H. Ela, Aaron F. Ste- 
vens, Jacob Benton. 

Vermont — Charles W. Willard, Luke P. Poland, 
Worthington C. Smith. 

Massachusetts — James Buffinton, Oakes Ames, 



*Mr. Revels qualified February 25, 1870; Mr. Ames, 
April 1, 1870. 

t Qualified March 31, 1870. 

JQualified January 26, 1870, in place of James W 
Grimes, resigned. 

a Died July 14,1870. 

507 



508 



POLITICAL MANUAL. 



QineryTwichell, Samuel Hooper, Beniamin F. 
Butler, Nathaniel P. Banks, George M. Brooki?,* 
George F. Hoar, William B. Wasnburn, Henry 
L. Dawes. 

Rhode Island — Thomas A. Jenckes, Nathan F. 
Dixon. 

Connecticut — Julius L. Strong, Stephen W. Kel- 
logg, Henry H. Starkweather, William H. 
Barnum.f 

New York — Henry A. Reeves, John G. Schu- 
maker, Henry W. Slocum, John Fox, John 
Morrissey, Samuel S. Cox,f Hervey C. Calkin, 
James Brooks, Fernando Wood, Clarksoa N. 
Potter, Charles H. Van Wyck,t John H. 
Ketcham, John A. Griswold, Stephen L. May- 
ham, Adolphus H. Tanner, Orange Ferriss, 
William A. Wheeler, Stephen Sanford, Charles 
Knapp, Addison H. Laflin, Alexander H. 
Bailey, John C. Churchill, Dennis McCarthy, 
Ge'^rge W. Cowles, William H. Kelsey, Giles 
W. Hotchkiss, Hamilton Ward, Noah Davis, 
John Fisher, David S. Bennett, Porter Shel- 
don. 

New Jersey — William Moore, Charles Haight, 
John T. Bird, John Hill, Orestes Cleveland. 

Pennsylvania^ — Samuel J. Randall, Charles O'- 
Neill, Leonard Myers, William D. Kelley, 
Caleb N. Taylor, John D. Stiles, Washington 
Townsend, J. Lawrence Getz, Oliver J. Dickey, 
Henry L. Cake, Daniel M. Van Auken, George 
W. Woodward, Ulysses Mercur, John B. Packer, 
Richard J. Haldeman, John Cessna, Daniel J. 
Morrell, William H. Armstrong, Glenni W. Sco- 
field, Calvin W. GilfiUan, John Covode, James 
S. Negley, Darwin Phelps, Joseph B. Donley. 

Delaware — Benjamin T. Biggs. 

Maryland — Samuel Hambleton, Stevenson Arch- 
er, Thomas Swann, Patrick Hamill, Frederick 
Stone. 

Virginia\\ — Richard S. Ayer, James H. Piatt, jr., 
Charles H. Porter, George W. Booker, Robert 
Ridgway, William Milnes, jr., Lewis McKen- 
zie, James K. Gibson. 

North Carolina^ — Clinton L. Cobb, (vacancy,) 
Oliver H. Dockery, (vacancy,) Israel G. Lash, 
Francis E. Shober, Alexander H. Jones. 

South Carolina** — (Vacancy,) C. C. Bowen, Solo- 
mon L. Hoge, Alexander S. Wallace. 

Georgia — Not represented. 

Alabmnaff — Alfred E. Buck, Charles W. Buck- 
ley, Robert 8. Heflin, Charles Hays, Peter M. 
Dox. William C. Sherrod. 

MississippilX — George E. Harris, J. L. Morphis, 



*Qu.ilified December 6,1809, in place of George S. 
Boiuvv<'ll. if'siiined. 

•j- Qiialifi.-d December 6, 1869. 

I (Qualified Kebriiary 17, 1870, in place of George W. 
Greene, un.seated February 10 — yeas 120, nays 59. 

g Mr. Covode qiialiiied February 9, 1870. Mr. Taylor, 
April 13, 1870, in place of John R. "Reading, unseated — 
veas 112, nays 40. 

I Messrs. Piatt. Ridgway, Milnes, and Porter qualified 
January 27, 1870; Mr Gib.-on, January 28; Messrs. Ayer 
and McKenzie, January r,l; Mr. Booker, February 1. 

H John T. Deweeso resigned Februaiv 28, 1870. Mr. 
Shober qualified April la, 1870. David Heaion died 
June 2.5, 1870. 

** B. F. Whittemore resigned February 24,1870; re- 
elected, and, June 21, relusoil .•ulmittanco by a vole of 
130 to 24. Mr VValluce qualified May 27, 1870. 

+t Messrs. Buck and Hii l<ley qualified December C, 
1869. Messrs. Dox, Hays, Sherrod, and Heflin, Decem- 
ber 7. 

JtMessrs. Harris, Morphis, McKee.and Perce, quali- 
fied February 23, l&7u. Mr. J5arry, April 8. 



Henry W. Barry, George C. McKee, Legrand 
W. Perce. 
Louisiana* — (Vacancy,) Lionel A. Sheldon, 0. 
B. Darrall, Joseph P. Newsbam (vacancy.) 

Ohio — Peter W. Strader, Job E. Stevenson, Ro- 
bert C. Schenck, William Lawrence, William 
Mungen, John A. Smith, James J. Winans, 
John Beatty, Edward F. Dickinson, Erasmus 
D. Peck,t John T. Wilson, Philadelnh Van 
Trump, George W. Morgan, Martin Welker, 
Eliakim H. Moore, John A. Bingham, Jacob 
A. Ambler, William H. Upson, James A. Gar- 
field. 

Kentucky — Lawrence S. Trimble, William N. 
Sweeney Joseph H. Ijewis,f J. Proctor Knott, 
Boyd Winchester, Thomas L. Jones, James B. 
Beck, George M. Adams, John M. Rice. 

Tennessee — Roderick R. Butler, Horace Maynard, 
William B. Stokes, Lewis Tillman, William F. 
Prosser, Samuel M. Arnell, Isaac R. Hawkins, 
William J. Smith. 

Indiana — William E. Niblack, Michael C. Kerr, 
William S. Holman, George W. Julian, John 
Coburn, Daniel W. Voorhees, Godlove S. Orth, 
James N. Tyner, John P. C. Shanks, William 
Williams, Jasper Packard. 

Illinois — Norman B. Judd, John F. Farnsworth, 
Horatio C. Burchard, ^ John B. Hawley, 
Ebon C. Ingersoll, Burton C. Cook, Jesse H. 
Moore, Shelby M. Cullom, Thompson W. Mc- 
Neely, Albert G. Burr, Samuel S. Marshall, 
John B. Hay, John M. Crebs, John A. Logan. 

Missouri — Erastus Wells, Gustavus A. Finkeln- 
burg, James R. McCormick, Sempronius H. 
Boyd, Samuel S. Burdett, Robert T. Van Horn, 
Joel F. Asper, John F. Benjamin, David P. 
Dyer. 

Arkansas — Logan H. Roots, Anthony A. C. Rog- 
ers, Thomas Boles. 

Michigan — Fernando C. Beaman, William L. 
Stoughton, Austin Blair, Thomas W. Ferry, 
Omar D. Conger, Randolph Strickland. 

Florida — Charles M. Hamilton. 

Tex(ts\\—G. W. Whitmore, John C. Conner, W. 
T. Clark, Edward Degener. 

Iowa — George W. McCrary, William Smyth, 
William B. Allison, William Loughridge, 
Frank W. Palmer, Charles Pomeroy. 

Wisconsin — Halbert E. Paine, David Atwood,][ 
Amasa Cobb, Charles A. Eldridge, Philetus 
Sawyer, Cadwalader C. Washburn. 

California — Samuel B. Axtell, Aaron A. Sargent, 
James A. Johnson. 

Minnesota — Morton S. Wilkinson, Eugene M. 
Wilson. 

Oregon — Joseph S. Smith. 

Kansas — Sidney Clarke. 

West Virginia — Isaac H. Duval, James C. Mc- 
Grew, John S. Witcher. 

Nevada — Thomas Fitch. 

Nebraska — John Taffe. 



• Mr. Newsham admitted May 21, 1870 — yeas 79, naya 
71; qualified May 23. Mr. Darrall admitted July C, 
1870 — yeas 90, nays 77 ; qualified same day. 

t Qualified April 23, 1870, in place of Truman H. 
Hoag, deceased. 

JMr. Golladay resigned February 28, 1870. Mr. 
Lewis qualified as his successor >Iay 10, 1870. 

g Qualified December «, 18G9, in place of E. B. 
Washburne, resignea. 

II Qualified MarVh 31, 1870. 

II Qualified February 23, 1870, in place of Benjamin 
F. Hopkins, deceased. 



LI. 



JUDICIAL DECISIONS. 

SUPREME COURT OF THE UNITED STATES. 



On the Validity of Contracts in Confederate 
Money. 

December Term, 1868. 

Thorington 1 Appeal from the district court for the 

a ^^li. C middle district of Alabama. 

Smith. ) 

The Chief Justice delivered the opinion of the 
court. 

The questions before us upon this appeal are 
these : 

(1.) Can a contract for the payment of Con- 
federate notes, made during the late rebellion, 
between parties residing within the so-called 
Confederate States, be enforced at all in the 
courts of the United States? 

(2.) Can evidence be received to prove that a 

firomise expressed to be for the payment of dol- 
ars was, in fact, made for the payment of any 
other than lawful dollars of the United States? 

(3.) Does the evidence in the record establish 
the fact that the note for the thousand dollars 
was to be paid, by agreement of the parties, in 
Confederate notes? 

The first question is by no means free from 
difficulty. It cannot be questioned that the Con- 
federate notes were issued in furtherance of an 
unlawful attempt to overthrow the Government 
of the United States by insurrectionary force. 
Nor is it a doubtful principle of law that no con- 
tracts made in aid of such an attempt can be 
enforced through the courts of the country whose 
government is thus assailed. But was the con- 
tract of the parties to this suit a contract of that 
character? Can it be fairly described as a con- 
tract in aid of the rebellion? 

In examining this question, the state of that 
part of the country in which it was made must 
De considered. It is familiar history, that early 
in 1861 the authorities of seven States, supported, 
as was alleged, by popular majorities, combined 
for the overthrow of the national Union, and for 
the establishment within its boundaries of a sepa- 
rate and independent confederation. A govern- 
mental organization, representing these States, 
was established at Montgomery, in Alabama, 
first under a provisional constitution and after- 
wards under a constitution intended to be per- 
manent. In the course of a few months four 
other States acceded to this confederation, and 
the seat of the central authority was transferred 
to Richmond, in Virginia It was by the cen- 
tral authority thus organized, and under its 
direction, that civil war was carried on upon a 
vast scale against the Government of the United 
States for more than four years. Its power was 
recognized as supreme in nearly the whole of the 
t«rritory of the States confederated in insurrec- 



tion. It was the actual government of all the 
insurgent States, except tliose portions of them 
protected from its control by the presence of the 
armed forces of the national Government. 

What was the precise character of this govern- 
ment in contemplation of law? 

It is difficult to define it with exactness. Any 
definition that may be given may not improba- 
bly be found to require limitation and qualifica- 
tion. But the general principles of law relating 
to de facto government will, we think, conduct 
us to a conclusion sufficiently accurate. 

There are several degrees of what is called de 
facto government. 

Such a government, in its highest degree, as- 
sumes a character very closely resembling that 
of a lawful government. This is when the usurp- 
ing government expels the regular authorities 
from their customary seats and functions, and 
establishes itself in their place, and so becomes 
the actual government of a country. The dis- 
tinguishing characteristic of such a government 
is, that adnerents to it in war against the gov- 
ernment de jure do not incur the penalties of 
treason, and, under certain limitations, obliga- 
tions assumed by it in behalf of the country, or 
otherwise, will, in general, be respected by the 
government dejure when restored. 

Examples of this description of government 
de facto are found in English history. The stat- 
ute 11 Henry VII, c. 1*, relieves from penalties 
for treason all persons who, in defense of the king, 
for the time being, wage war against those who 
endeavor to subvert his authority by force of 
arms, though warranted in so doing by the law- 
ful monarch.! But tliis is where the usurper 
obtains actual possession of the royal authority 
of the kingdom, not wlien he has succeeded only 
in establishing his power over particular locali- 
ties. Being in possession, allegiance is due to 
him as king de facto. 

Another example may be found in the gov- 
ernment of England under the Commonwealth, 
first by Parliament, and afterwards by Cromwell 
as protector. It was not, in the contemplation 
of law, a government de jure, but it was a gov- 
ernment de facto in the most absolute sense. It 
incurred obligations and made conquests which 
remained the obligations and conquests of Eng- 
land after the restoration. The better opinion 
doubtless is, that acts done in obedience to this 
government could not be justly regarded as trea- 
sonable, though in hostility to the king de jure. 
Such acts were protected from criminal prosecu- 
tion by the spirit, if not by the letter, of the 
statute of Henry VII. It was held otherwise 
by the judges by whom Sir Henry Vane was 



*2 British Stats, at Large, 82. 



t4 Commentaries, 77. 
509 



510 



POLITICAL MANUAL. 



tried for treason,* in the year following the res- 
toration. But such a judgment, in such a time, 
has little authority. 

It is very certain that the Confederate govern- 
ment was never acknowledged by the United 
States as a de facto government in this sense, 
nor was it acknowledged as such by other pow- 
ers. No treaty was made by it with any civil- 
ized State. No obligations of a national character 
were created by it, binding after its dissolution 
on the States which it represented, or on the 
national Government, From a very early period 
of the civil war to its close it was regarded as 
simply the military representative of tlie insur- 
rection against the authority of the United States. 

But there is another description of government 
called also by publicists a government de facto, 
but which might perhaps be more aptly denomi- 
nated a government of paramount force. Its 
distinguishing characteristics are (1) that its ex- 
istence is maintained by active military power 
within the territories and against the rightful 
authority of an established and lawful govern- 
ment; and (2) that while it exists it must ne- 
cessarily be obeyed in civil matters by private 
citizens, who, by acts of obedience, rendered in 
submission to such force, do not become respon- 
sible as wrong-doers for those acts, though not 
warranted by the laws of the rightful govern- 
ment. Actual governments of this sort are es- 
tablished over districts differing greatly in extent 
and conditions. They are usually administered 
directly by military authority, but they may be 
administered also by civil authority, supported 
more or less directly by military force. 

One example of this sort of government is 
found in the case of Castine, in Maine, reduced 
to British possession during the war of 1812. 
From the 1st of September, 1814, to the ratifica- 
tion of the treaty of peace in 1815, according to 
the judgment of this court in United States vs. 
Rice,f "the British government exercised all 
civil and military authority over the place." 
"The authority of the United States over the 
territory was suspended, and the laws of the 
United States could no longer be rightfully en- 
forced there, or be obligatory upon the'inhabitants 
who remained and submitted to the conqueror. 
By the surrender the inhabitants passed under a 
temporary allegiance to the Britisn government, 
and were bound by such laws, and such only, as 
it chose to recognize and impose." It is not to 
be inferred from this that the obligations of the 
people of Castine, as citizens of the United States, 
were abrogated. They were suspended merely 
by the presence, and only during the presence, 
of the paramount force. A like example is found 
in the case of Tampico, occupied during the war 
with Mexico by tlie troops of the United States. 
It was determined by this court, in Fleming vs. 
Page, J that, although Tampico did not become a 
part of the United States in consequence of that 
occupation, still, having come, together with the 
whole State of Tamaulipas, of which it was part, 
into the exclusive possession of the national 
forces, it must be regarded and respected by 
other nations as the territory of the United 



•8 State Trials, no. fi Wheaton, 253. 

X 9 Howard, C14. 



States. These were cnses of temporary possession 
of territory by lawful and regular governments 
at war with the country of which the territory 
so possessed was part. 

The central government established for the 
insurgent States differed from the temporary 
governments at Castine and Tampico, m the cir- 
cumstance that its authority did not originate 
in lawful acts of regular war, but it was not on 
that account less actual or less supreme. And 
we think that it must be classed among the gov- 
ernments of which these are examples. It is to 
be observed, that tlie rights and obligations of a 
belligerent were conceded to it in its military 
character very soon after the war began, from 
motives of humanity and expediency, by the 
United States. The whole territory controlled 
by it was thereafter held to be enemies' territory, 
and the inhabitants of that territory were held, 
in most respects, for enemies. To the extent, 
then, of actual supremacy, however unlawfully 
gained, in all matters of government within its 
military lines, the power of the insurgent gov- 
ernment cannot be questioned. That supremacy 
did not justify acts of hostility to the United 
States. How far it should excuse them must be 
left to the lawful government upon the reestab- 
lishmentof its authority. But it made obedience 
to its authority, in civil and local matters, not 
only a necessity, but a duty. Without such obe- 
dience, civil order was im[)0ssible. 

It was by this government exercising its power 
throughout an immense territory that the Con- 
federate notes were issued early in the war, and 
these notes in a short time became almost ex- 
clusively the currency of the insurgent States. 
As contracts in themselves, except in the contin- 
gency of successful revolution, tliese notes were 
nullities; for, except in that event, there could 
be no payer. They bore, indeed, this character 
upon their face, for they were made payable 
only "after the ratification of a treaty of peace 
between the Confederate States and the United 
States of America." Wliile the war lasted, how- 
ever, they had a certain contingent value, and 
were used as money in nearly all tlie business 
transactions of many millions of people. They 
must be regarded, tliorefore, as a currency im- 
posed on the community bj' irresistible force. 

It seems to follow as a necessary consequence 
from this actual supremacy of the insurgent 
government, as a belligerent, within the territory 
where it circulated, and from tlie necessity of 
civil obedience on the part of all who remained 
in it, that this currency must be considered in 
courts of law in the same light as if it had been 
issued by a foreign government temporarily 
occupying a part of the territory of the United 
States. Contracts stipulating for payments in 
this currency cannot be regarded for that reason 
only as made in aid of the foreign invasion in 
the one case, or of the domestic insurrection in 
the other. They have no necessary relations to 
the hostile government, whether invading or 
insurgent. They are transactions in the ordinary 
course of civil society, and, though they may 
indirectly and remotely promote the ends of the 
unlawful government, are without blame, except 
when proved to have been entered into with 
actual intent to further invasion or insurrectioa. 



JUDICIAL DECISIONS, ETC. 



511 



We cannot doubt that such contracts should be 
enforced in the courts of the United States, after 
the restoration of peace, to the extent of their 
just obligation. The first question, therefore, 
mirst receive an affirmative answer. 

The second question, whether evidence can be 
received to prove that a promise made in one 
of the insurgent States, and expressed to be for 
the payment of dollars, without qualifying words, 
was in fact made for the payment of any other 
than lawful dollars of the United States? is 
next to be considered. 

It is quite clear that a contract to pay dollars, 
made between citizens of any State of the Union, 
while maintaining its constitutional relations 
■with the national Government, is a contract to 
pay lawful money of the United States, and can- 
not be modified or explained by parol evidence. 
But it is equally clear, if in any other country 
coins or notes denominated dollars should be 
authorized of different value from the coins or 
notes which are current here under that name, 
that, in a suit upon a contract to pay dollars, 
made in that country, evidence would be admitted 
to prove what kind of dollars were intended, and, 
if it should turn out that foreign dollars were 
meant, to prove their equivalent value in lawful 
money of the United States. Such evidence does 
not modify or alter the contract. It simply ex- 
plains an ambiguity, which, under the general 
rules of evidence, may be removed by parol evi- 
dence. 

We have already seen that the people of the 
insurgent States, under the Confederate govern- 
ment, were, in legal contemplation, substantially 
in the same condition as inhabitants of districts 
of a country occupied and controlled by an in- 
vading belligerent. The rules which would ap- 
ply in the former case would apply in the latter; 
and as in the former case the people must be 
regarded as subjects of a foreign power, and con- 
tracts among them be interpreted and enforced 
■with reference to the conditions imposed by the 
conquerer, so in the latter case the inhabitants 
must be regarded as under the authority of the 
insurgent belligerent power actually established 
as the government of the country, and contracts 
made with them must be interpreted and enforced 
■with reference to the condition of things created 
by the acts of the governing power. 

It is said, indeed, that under the insurgent 
g;overnment the word dollar had the same mean- 
ing as under the Government of the United States ; 
that the Confederate notes were never made a 
legal tender, and, therefore, that no evidence can 
be received to show any other meaning of the 
■word when used in a contract. 

But it must be remembered that the whole 
condition of things in the insurgent States was 
matter of fact, ratner than matter of law, and, as 
matter of fact, these notes, payable at a future 
and contingent day, which has not arrived and 
can never arrive, were forced into circulation as 
dollars, if not directly by the legislation, yet 
indirectly and quite as effectually by the acts of 
the insurgent government. Considered in them- 
selves, and in the light of subsequent events, 
these notes had no real value, but they were 
made current as dollars by irresistible force. 
They were the only measure of value which the 



people had, and their use ■was a matter of almost 
absolute necessity ; and this use gave them a 
sort of value, insignificant and precarious enough 
it is true, but always having a sufficiently definite 
relation to gold and silver, the universal meas- 
ures of value, so that it was always easy to ascer- 
tain how much gold and silver was the real 
equivalent of a sura expressed in this currency, 
In the light of these facts it seems hardly less 
than absurd to say that these dollars must be 
regarded as identical in kind and value with the 
dollars which constitute the money of the United 
States. We cannot sliut our eyes to the fact that 
they were essentially different in both respects; 
and it seems to us that no rule of evidence prop- 
erly understood requires us to refuse, under the 
circumstances, to admit proof of the sense in 
which the word dollar is used in the contract 
before us. Our answer to the second question is, 
therefore, also in the affirmative. We are clearly 
of opinion that such evidence must be received in 
respect to such contracts, in order that justice 
may be done between the parties, and that the 
party entitled to be paid in these Confederate 
dollars can recover their actual value at the time 
and place of the contract in lawful money of the 
United States. 

We do not think it necessary to go into a de- 
tailed examination of the evidence in the record 
in order to vindicate our answer to the third 
question. It is enough to say that it has left no 
doubt in our minds that the note for $10,000, to 
enforce payment of which suit was brought in 
the circuit court, was to be paid, by agreement 
of the parties, in Confederate notes. 

It follows that the decree of the circuit court 
must be reversed, and the cause remanded, for 
further hearing and decree, in conformity with 
this opinion. 



On the Constitutionality of Legal-Tender Clause 
as relates to Contracts made priqr to its adop- 
tion. 

December Teem, 1869. 
Susan P. Hepburn and Henry") j„ „„„„„+„ +u„ „„„..* „« 

Henry A. driswold. J °'' Kentucky. 

(1.) Construed by the plain import of their 
terms and the manifest intent of the legislature, 
the statutes of 1862 and 1863, which make United 
States notes a legal tender in payment of debts, 
public and private, apply to debts contracted 
before as well as to debts contracted after enact- 
ment. 

(2.) The cases of Lane County vs. Oregon, 
Bronson vs. Rodes, and Butler vs. Horwitz, in 
which it was held that, upon a sound construc- 
tion of those statutes, neither taxes imposed by 
State legislation nor dues upon contracts for the 
payment or deliverj' of coin or bullion are in- 
cluded by legislative intent under the descrip- 
tion of debts, public and private, are approved 
and reaffirmed. 

(3.) When a case arises for judicial determina- 
tion, and the decision depends on the alleged in- 
consistency of a legislative provision with the 
Constitution, it is the plain duty of the Supreme 
Court to compare the act with the fundamental 



512 



POLITICAL MANUAL. 



law, and if the former cannot, upon a fair con- 
Btruction, be reconciled witli the latter, to give 
effect to the Constitution rather than the statute. 

(3.]) There is in the Constitution no express 
grant of legislative power to make any descrip- 
tion of credit currency a legal tender in payment 
of debts. 

(4.) The words "all laws necessary and proper 
for carrying into execution" powers expressly 
granted or vested have in the Constitution a 
sense equivalent to that of the words : laws, not 
absolutely necessary indeed, but appropriate, 
plainly adapted to constitutional and legitimate 
ends, which are not prohibited, but consistent 
with the letter and spirit of the Constitution; 
laws really calculated to effect objects intrusted 
to the Government. 

(5.) Among means appropriate, plainly adapt- 
ed, not inconsistent witii the spirit of the Consti- 
tution, nor proJiibited by its terms, the legislature 
has unrestricted choice; but no power can be 
derived by implication from any express power 
to enact laws as means for carrying it into exe- 
cution unless such laws come within this descrip- 
tion. 

(6.) The making of notes or bills of credit a 
legal tender in payment of pre-existing debts is 
not a means apfiropriate, plainly adapted, or 
really calculated to carry into effect any express 

fiower vested in Congress, is inconsistent with 
he spirit of the Constitution, and is prohibited 
by the Constitution. 

(7.) The clause in the acts of 1862 and 1863 
which makes United States notes a legal tender 
in payment of all debts, public and private, is, 
60 far as it applies to debts contracted before the 
passage of those acts, unwarranted by the Con- 
stitution. 

(8.) Prior to the 25th of February, 1862, all 
contracts for the payment of money, not expressly 
stipulating otherwise, were, in legal effect and 
universal understanding, contracts for the pay- 
ment of coin, and, under the Constitution, the 
parties to such contracts are respectively entitled 
to demand and bound to pay the sums due, ac- 
cording to their terms, in coin, notwithstanding 
the clause in that act, and the subsequent acts 
of like tenor, which make United States notes a 
legal tender in payment of such debts. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 

The question presented for our determination 
by the record in this case is, whether or not the 
payee or assignee of a note, made before the 25th 
of February, liS')2, is obliged by law to accept in 
payment United States notes, equal in nominal 
amount to tlic sum due according to its terms, 
when tendered by the maker or other party 
bound to pay it. 

And this requires, in tlie first jilace, a construc- 
tion of that clause of the first section of tlie act 
of Congress passed on that day which declares 
the United States notes, the issue of whicli was 
authorized bv the statute, to be a legal tender in 
payment of clebts. 

The entire clause is in these words: "And such 
notes, herein authorized, shall be receivable in 
payment of all taxes, internal duties, excises, 
debts, and demands of every kind due to the 



United States, except duties on imports, and of 
all claims and demands against the United States 
of every kind whatsoever, except for interest 
upon bonds and notes, which shall be paid in 
coin ; and shall also be lawful money and a legal 
tender in payment of all debts, public and pri- 
vate, within the United States, except duties on 
imports and interest as aforesaid." * 

This clause has already received much consid- 
eration here, and this court has held that, upon 
a sound construction, neither taxes imposed by 
State legislation,! nor demands upon contracts 
which stipulate in terms for the payment or de- 
livery of coin or bullion, | are included by legis- 
lative intention under the description of debts 
public and private. 

We are now to determine whether this de- 
scription embraces debts contracted before as well 
as after the date of the act. 

It is an established rule for the construction 
of statutes that the terms employed by the legis- 
lature are not to receive an interpretation which 
conflicts with acknowledged principles of justice 
and equity, if another sense, consonant with those 
principles, can be given to them. 

But this rule cannot prevail where the intent 
is clear. Except in the scarcely supposable case, 
where a statute sets at naught the plainest pre- 
cepts of morality and social obligation, courts 
must give effect to the clearly ascertained legis- 
lative intent, if not repugnant to the fundamental 
law ordained in the Constitution. 

Applying the rule just stated to the act under 
consideration, there appears to be strong reason 
for construing the word debts as having refer- 
ence only to debts contracted subsequent to the 
enactment of the law. For no one will question 
that the United States notes, which the act makes 
a legal tender in payment, are essentially unlike 
in nature, and, being irredeemable in coin, are 
necessarily unlike in value, to the lawful money 
intended by ])arties to contracts for the payment 
of money made before its passage. 

The lawful money then in use and made a 
legal tender in payment consisted of gold and 
silver coin. 

Tlie currency in use under the act, and de- 
clared bj'' its terms to be lawful money and a 
legal tender, consists of notes or promises to pay, 
impressed upon paper prepared in convenient 
form for circulation, and protected against coun- 
terfeiting by suitable devices and penalties. 

The former possess intrinsic value, determined 
by the weight and fineness of the metal; the lat- 
ter have no intrinsic value, but a purchnsing 
value, determined by the quantity in circulation, 
by general consent to its currency in jiayments, 
and by opinion as to the probability of redemp- 
tion in coin. 

Both derive, in different degrees, a certain 
additional value from their adaptation to circu- 
lation by the form and impress given to them 
under national authority and from the acts piak- 
ing them res]iectively a legal tender. 

Contracts for the f>ayment of money, made 
before the act of 1862, had reference to coined 
money, and could not be discharged, unless by 



* 12 tinitod States Stats., 345. f J-tune County vs. Ore- 
jion, 7 Wnll., 71. J Bnmson vs. Rodes, 7 Wall., 229; But- 
ler vs. Uorwitz, 7 Wall., 258. 



JUDICIAL DECISIONS, ETC. 



513 



consent, otherwise than by tender of the sura 
due in coin. Every such ccntract, therefore, was 
in legal import a contract for the payment of 
coin. 

There is a well-known law of currency, that 
notes or promises to pay, unless made conve- 
niently and promptly convertible into coin at the 
will of tlie holder, can never, except under un- 
usual and abnormal conditions, be at par in cir- 
culation with coin. 

It is an equally well-known law that depreci- 
ation of notes must increase with the increase 
of the quantity put in circulation and the diminu- 
tion of confidence in the ability or disposition to 
redeem. Their appreciation follows the reversal 
of these conditions. No act making them a legal 
tender can change materially the operation of 
these laws. 

Their force has been strikingly exemplified in 
the history of the United States notes. Begin- 
ning witli a very slight depreciation when first 
issued, in March, 1862, they sank in July, 1864, 
to the rate of two dollars and eighty-five cents 
for a dollar in gold, and then rose until recently a 
dollar and twenty cents in paper became equal to 
a gold dollar. 

Admitting, then, that prior contracts are with- 
in the intention of the act, and assuming that 
the act is warranted by the Constitution, it fol- 
lows that the holder of a promissorj^ note, made 
before the act, for a thousand dollars, payable, 
as we have just seen, according to the law and 
according to the intent of the parties, in coin, was 
required, when depreciation reached its lowest 

J)oint, to accept in payment a thousand note dol- 
ars, although with the thousand coin dollars, 
due under tlie contract, he could have purchased 
on that day two thousand eight hundred and fifty 
such dollars Every payment, since the passage 
of the act, of a note of earlier date, has presented 
similar, though less striking, features. 

Now, it certainly needs no argument to prove 
that an act compelling acceptance in satisfaction 
of any other than stipulated payment alters 
arbitrarily the terms of the contract and im]>airs 
its obligation, and that the extent of impairment 
is in the proportion of the inequality of the pay- 
ment accepted under the constraint of the law to 
the payment due under the contract. 

Nor does it need argument to prove that the 
practical operation of such an act is contrary to 
justice and equity. 

It follows that no construction which attrib- 
utes such practical operation to an act of Con- 
gress is to be favored, or indeed to be admitted, 
if any other can be reconciled with the manifest 
intent of the legislature. 

What, then, is that manifest intent? Are we 
at liberty, upon a fair and reasonable construc- 
tion of the act, to say that Congress meant that 
the word "debts" used in the act should not 
include debts contracted prior to its passage? 

In the case of Bronson vs. Rodes we thought 
ourselves warranted iii holding that this word, 
as used in the statute, does not include obliga- 
tions created by express contracts for the pay- 
ment of gold and silver, whether coined or in 
bullion. This conclusion rested, however, mainly 
on the terms of the act, which not only allow, 
but require, payments in coin by or to the Gov- 



ernment, and may be fairly considered, independ- 
ently of considerations belonging to the law of 
contracts for the delivery of specified articles, as 
sanctioning special private contracts for iike pay- 
ments, without which, indeed, the provisions re- 
lating to government payments could hardly 
have practical effect. 

This consideration, however, does not apply to 
the matter now before us. There is nothing in 
the terms of the act which looks to any ditfer- 
ence in its operation on different descriptions of 
debts payable generally in money, that is to say, 
in dollars and parts of a dollar. These terms, 
on the contrary, in their obvious import, include 
equally all debts not specially expressed to be 
payable in gold or silver, whether arising under 
past contracts and already due, or arising under 
such contracts and to become due at a ffiture day, 
or arising and becoming due under subsequent 
contracts. A strict and literal construction, in- 
deed, would, as suggested by Mr. Justice Story,* 
in respect to the same word used in the Consti- 
tution, limit the word "debts" to debts existing; 
and, if the construction cannot be accepted be- 
cause the limitation sanctioned by it cannot be 
reconciled with the obvious scope and purpose of 
the act, it is certainly conclusive against any 
interpretation which will exclude existing debts 
from its operation. 

The same conclusion results from the exception 
of interest on loans and duties on imports from 
the effect of the legal-tender clause. This ex- 
ception affords an irresistible implication that no 
description of debts, whenever contracted, can 
be withdrawn from the effect of the act, if not 
included within the terms or the reasonable in- 
tent of the exception. 

And it is worthy of observation in this con- 
nection that in all the debates to which the act 
gave occasion in Congress, no suggestion was ever 
made that the legal-tender clause did not apply 
as fully to contracts made before as to contracts 
made after its passage. 

Those considerations seem to us conclusive. 
We do not think ourselves at liberty, therefore, 
to say that Congress did not intend to make the 
notes authorized by it a legal tender in payment 
of debts contracted before the passage of the act. 

We are thus brought to the question whether 
Congress has power to make notes issued under 
its authority a legal tender in payment of debts 
which when contracted were payable by law in 
gold and silver coin. 

The delicacy and importance of this question 
has not been overstated in the argument. This 
court always approaches the consideration of 
questions of this nature reluctantly ; and its con- 
stant rule of decision has been, and is, that acts 
of Congress must be regarded as constitutional 
unless clearly shown to be otherwise. 

But the Constitution is the fundamental law of 
the United States. By it the people have created 
a government, defined its powers, prescribed their 
limits, distributed them among the different de- 
partments, and directed, in general, the manner 
of their exercise. 

No department of the Government has any 
other powers than those thus delogated to it by 

* 1 Story on Const., g 921. 



514 



POLITICAL MANUAL. 



the people. All the legislative power granted by 
the Constitution belongs to Congress; but it bas 
no legislative power whicb is not thus granted. 
And the same observation is equallv true in its 
application to the executive and judicial powers 
granted respectively to the President and the 
courts. All these powers differ in kind, but not 
in source or in limitation. Thev all arise from 
the Constitution and are limited by its terms. 

It is the function of the judiciary to interpret 
and apply the law to cases between parties as 
they arise for judgment. It can only declare 
what the law is, and enforce, by proper process, 
the law thus declared. 

But, in ascertaining the respective rights of 
parties, it frequently becomes necessary to con- 
sult the Constitution ; for there can be no law 
inconsistent with the fundamental law. No en- 
actment not in pursuance of the authority con- 
ferred by it can create obligations or confer rights. 
For such is the express declaration of the Consti- 
tution itself, in these words : 

"The Constitution, and the laws of the United 
States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, 
under the authority of the United States, shall 
be the supreme law of the land ; and the judges 
of every State shall be bound thereby, anything 
in the constitution or laws of any State to the 
contrary notwithstanding." 

Not every act of Congress, then, is to be re- 
garded as the supreme law of the land ; nor is it 
by every act ot Congress that the judges are 
bound. This character and this force belong 
only to such acts as are "made in pursuance of 
the Constitution." 

When, therefore, a case arises for judicial de- 
termination, and the decision depends on the 
alleged inconsistency of a legislative provision 
•with the fundamental law, it is the plain duty of 
the court to compare the act with the Constitu- 
tion, and if the former cannot, upon a fair con- 
struction, be reconciled with the latter, to give 
effect to the Constitution rather than the statute. 
This seems so plain that it is impossible to make 
it plainer by argument. If it be otherwise, the 
Constitution m not the supreme law; it is neither 
necessary nor useful, in any case, to inquire 
whether or not any act of Congress was passed 
in pursuance of it ; and the cath which every 
member of this court is required to take, that he 
" will administer justice w)thout respect to per- 
sons, and do equal right to the poor and the rich, 
and faithfully perform the duties incumbent upon 
him to the best of his ability and understanding, 
agreeably to the Constitution and laws of the 
United States," becomes an idle and unmeaning 
form. 

The case before us is one of private right. The 
plaintiff in the court below sought to recover of 
the defendants a certain sum expressed on the 
face of a promissory note. The defendants in- 
eisted on the right, under the act of February 
25, 1862, to acquit themselves of their obliga- 
tion by tendering in payment a sum nominally 
equal in United States notes. But the note had 
been executed before the passage of the act, and 
the jilaintiff insisted on his riglit under the Con- 
etitution to be paid the amount due in gold and 
silver. And ithas not been and cannat be de- 



nied, that the plaintiff was entitled to judgment 
accordins; to his claim, unless bound by a consti- 
tutional law to accept the notes as coin. 

Thus two questions were directly presented: 
Were the defendants relieved by the act from the 
obligation assumed in the contract? Could the 
yilaintiff be compelled by a judgment of the court 
to receive in payment a currency of different na- 
ture and value from that which was in the con- 
templation of the parties when the contract was 
made? 

The court of appeals resolved both questions in 
the negative, and the defendants in the original 
suit seek the reversal of that judgment by writ 
of error. 

It becomes our duty, therefore, to determine 
whether the act of February 25, 1!^G2, so far as it 
makes United States notes a legal tender in pay- 
ment of debts contracted prior to its passage, is 
constitutional and valid or otherwise. Under a 
deep sense of our obligation to perform this duty 
to the best of our ability and understanding, we 
shall proceed to dispose of th? case presented by 
the record. 

We have already said, and it is generally, if 
not universally, conceded, that the Government 
of the United States is one of limited powers, and 
that no department possesses any authority not 
granted by the Constitution. 

It is not necessary, however, in order to prove 
the existence of a particular authority to show a 
particular and express grant. The design of the 
Constitution was to establish a government com- 
petent to the direction and administration of the 
affairs of a great nation, and, at the same time, to 
mark, by sufficiently definite lines, the sphere of 
its operations. To this end it was nee-h'ul only 
to make express grants of general powen, <;oupled 
with a further grant of such incidental . nJ aux- 
iliary powers as might be required for o.^^ exer- 
cise of the powers expressly granted. 'ihes<! 
powers are necessarily extensive. It Iias beoni 
found, indeed, in the practical administrat!^n Oi 
the government, that a very largo part, if not 
the largest part, of its functions have been per- 
formed in the exercise of powers thus implied. 

But the extension of power by implication war 
regarded with some apprehension by the wise 
men who framed and by the intelligent citizens 
who adopted the Constitution. This apprehen- 
sion is manifest in the terms by which the grant 
of incidental and auxiliary powers is made. All 
powers of this nature are included under the de- 
scription of " power to make all laws necessary 
and proper for carrying into execution the powers 
expressly granted to Congress or vested by the 
(Constitution in the government or in any of its 
departments or officers." 

The same apprehension is equally apparent in 
the Xth article of the Amendments, which declares 
that " the powers not delegated to the United 
States by the Constitution, nor prohibited by it 
to the States, are reserved to the States or the 
people." 

We do not mean to say that either of these 
constitutional provisions is to be taken as re- 
stricting any exercise of power fairly warranted 
by legitimate derivation trom one of the enumer- 
ated or express powers. The first was undoubt- 
edly introduced to exclude all doubt in respect 



JUDICIAL DECISIONS, ETC. 



615 



to the existence of implied powers; while the 
words " necessary and proper" were intended to 
have a "sense," to use the words of Mr. Justice 
Story, "at once admonitory and directory," and 
to require that the means used in the execution 
of an express power "sliould be bona fide appro- 
priate to the end."* The second provision was 
intended to have a like admonitory and directory 
sense, and to restrain the limited government 
established under the Constitution from the exer- 
cise of powers not clearly delegated or derived 
by just inference from powers so delegated. 

It has not been maintained in argument, nor, 
indeed, would any one, however slightly con- 
versant with constitutional law, think of main- 
taining, that there is in the Constitution any 
express grant of legislative power to make any 
description of credit currency a legal tender in 
payment of debts. 

We must inquire then whether this can be 
done in the exercise of an implied power. 

The rule for determining whether a legislative 
enactment can be supported as an exercise of an 
implied power was stated by Chief Justice Mar- 
shall, speaking for the whole court, in the case 
of McCuUough vs. The State of Maryland,! and 
the statement then made has ever since been ac- 
cepted as a correct exposition of the Constitution. 
His words were these: " Let the end be legiti- 
mate, let it be within the scope of the Constitu- 
tion, and all means which are appropriate, which 
are plainly adapted to that end, which are not 
prohibited, but consistent with the letter and 
epirit of the Constitution, are constitutional." 
And in another part of the same opinion the 
practical application of this rule was thus illus- 
trated : "Should Congress, in the execution of 
its powers, adopt measures which are prohibited 
by the Constitution, or should Congress, under 
the pretext of executing its powers, pass laws for 
the accomplishment of objects not intrusted to 
the government, it would be the painful duty of 
this tribunal, should a case requiring such a de- 
cision come before it, to say that such an act was 
not the law of the land. But where the law is 
not prohibited, and is really calculated to effect 
any of the objects intrusted to the government, 
to undertake here to inquire into the degree of 
its necessity would be to pass the line which 
circumscribes the judicial department, and tread 
on legislative ground. "J 

It must be taken then as finally settled, so far 
as judicial decisions can settle anything that the 
words " all laws ne essary and proper for carrj^- 
ing into execution" powers expressly granted or 
vested, have in the Constitution a sense equiva- 
lent to that of the words: laws not absolutely 
necessary indeed, but appropriate, plainly adapt- 
ed to constitutional and legitimate ends; laws 
not prohibited, but consistent with the letter and 
spirit of the Constitution; laws really calculated 
to effect objects intrusted to the government. 

The question before us, then, resolves itself 
into this: Is the clause which makes United 
States notes a legal tender for debts contracted 
prior to its enactment a law of the description 
Btat^ed in the rule ? 

It is not doubted that the power to establish a 

• 2 Story en the Const, p. 142, g 1253. t * VVheaton 421. 
X 4 Wheat., 423. 



standard of value by which all other values may 
be mca'iurcd, or, in other words, to determine 
what shall be lawful money and a legal tender, 
is in its nature and of necessity a governmental 
power. It is in all countries exercised by the 
government. In the United States, so far as it 
relates to the precious metals, it is vested in Con- 
gress by the grant of the power to coin money. 
But can a power to impart these qualities "to 
notes, or promises to pay money, when offered 
in discharge of pre-existing debts, be derived from 
the coinage power, or from any other power ex- 
pressly given ? 

It is certainly not the same power as the power 
to coin money. J^or is it in any reasonable or sat- 
isfactory sense an appropriate or plainly adapted 
means to the exercise of that power. Nor is there 
more reason for saying that it is imjilied in, or 
incidental to, the power to regulate the value of 
coined money of the United States, or of foreign 
coins. This power of regulation is a power to 
determine the weight, purity, form, impression, 
and denomination of the several coins, and their 
relation to each other, and the relations of for- 
eign coins to the monetary unit of the United 
States. 

Kor is the power to make notes a legal tender 
the same as the power to issue notes to be used 
as currency. The old Congress, under the Artir 
cles of Confederation, was clothed by express 
grant with the power to emit bills of credit, which 
are in fact notes for circulation as currency ; and 
yet that Congress was not clothed with the power 
to make these bills a legal tender in payment. 
And this court has recently held that the Con- 
gress under the Constitution, possesses as inci- 
dental to other powers, the same jiower as the 
old Congress to emit bills or notes; but it was 
expressly declared at the same time that this 
decision concluded nothing on the question of 
legal tender. Indeed, we are not aware that it 
has ever been claimed that the power to issue 
bills or notes has any identity with the power to 
make them a legal tender. On the contrary, the 
whole history of the country refutes that notion. 
The States have always been held to possess the 
power to authorize and regulate the issue of bills 
for circulation by banks or individuals, subject, 
as has been lately determined, to the control of 
Congress, for the purpose of establishing and 
securing a national currency; and yet the States 
are expressly prohibited by the Constitution from 
making anything but gold and silver coin a legal 
tender. This seems decisive on the point that 
the power to issue notes and the power to make 
tliem a legal tender are not the same power, and 
that they have no necessary connection with 
each other. 

But it has been maintained in argument t'.mt 
the power to make United States notes a legal 
tender in payment of all debts is a means ap[iro- 
priate and plainly adapted to the execution of 
the power to carry on war, of the power to regu- 
late commerce, and of the power to borrow 
money. If it is, and is not prohibited, nor incon- 
sistent with the letter or spirit of the Constitu- 
tion, then the act which makes them such legal 
tender must be held to be constitutional. 

Let us, then, first inquire whether it is an ap- 
propriate and plainly adapted means for carry-- 



516 



POLITICAL MANUAL. ' 



ing on war? Tlie affirmative argument may be | 
thus stated: Congress has power to declare and 
provide for carrying on war; Congress has also 
■'" power to emit bills of credit, or circulating notes 
receivable for government dues and payable, so 
lar at least as jiartics are willing to receive them, 
in discharge of government obligations; it will 
facilitate the use of such notes in disbursements 
to make them a legal tender in payment of ex- 
isting debts; therefore Congress may make such 
uotes a legal tender. 

It is difficult to say to what express power the 
authority to make notes a legal tender in pay- 
ment of pre-existing debts may not be upheld as 
incidental, upon the principles of this argument. 
Is there any power which does not involve the 
use of money? And is there any doubt that Con- 
gress maj'' issue and use bills of credit as money 
in the execution of any power? The power to 
establish post offices and post roads, for example, 
involves the collection and disbursement of a 
great revenue. Is not the power to make notes 
a legal tender as clearly incidental to this power 
as to the war power? 

The answer to this question does not appear 
to us doubtful. The argument, therefore, seems 
to prove too much. It carries the doctrine of 
implied powers very far beyond any extent hith- 
erto given to it. It asserts that whatever in an^' 
degree promotes an end within the scope of a 
general power, whether, in the correct sense of 
the word, appropriate or not, may be done in 
the exercise of an implied power. 

Can this proposition be maintained? 

It is said that this is not a question for the 
court deciding a cause, but for Congress exercis- 
ing the power. But the decisive answer to this 
is, that the admission of a legislative power to 
determine finally what powers have the described 
relation as means to the execution of other pow- 
ers plainly granted, and, then, to exercise abso- 
lutely and without liability to question, in cases 
involving private rights, the powers thus deter- 
mined to have that relation, would completely 
change the nature of American government. It 
would convert the government, which the people 
ordained as a government of limited powers, into 
a government of unlimited yjowers. It would 
confuse the boundaries which separate the exec- 
utive and judicial from the legislative authority. 
It would obliterate every criterion which this 
court, speaking through the venerated chief jus- 
tice in the case already cited, established for the 
determination of the question whether legislative 
acts are constitutional or unconstitutional.- 

Undoubtedly, among means appropriate, plain- 
ly adapted, really calculated, the legislature has 
unrestricted choice. But there can be no implied 
power to use means not within the description. 

Now, then, let it be considered what has actu- 
ally been done in the provision of a national 
currency. In July and August, 1861, and Feb- 
ruary, 1862, the issue of $60,000,000 in United 
States notes, payable on demand, was authorized.* 
They were made receivable in payments, but 
were not declared a legal tender until March, 
1862,f when the amount in circulation had been 
greatly reduced by receipt and cancellation. In 



•12 United States Stats., 259, 313, and 338. tl2 United 
States Stats., 370. 



1862 and 1863* the issue of $450,000,000 in 
United States notes, payable not on demand, 
but in elTect at the convenience of the Govern- 
ment, was authorized, subject to certain restric- 
tious as to $50,000,000 These notes were made 
receivable ibr the bonds of the national loans, 
for all debts due to or from the United States, 
except duties on imports and interest on the 
public debt, and were also declared a legal ten- 
der. In March, 186.3,f the issue of notes for 
parts of a dollar was authorized to an amount 
not exceeding $50,000,000. These notes were 
not declared a legal tender, but were made re- 
deemable under regulations to be prescribed by 
the Secretary of the Treasurv. In February, 
1863, J the issue of $300,000,000 in notes of the 
national banking associations was authorized. 
These notes Avere made receivable to the same 
extent as United States notes, and provision was 
made to secure their redemption, but they were 
not made a legal tender. 

These several descriptions of notes have since 
constituted, under the various acts of Congress, 
the common currency of the United States. The 
notes which were not declared a legal tender 
have circulated with those which were so de- 
clared without unfavorable discrimination. 

It may be added, as a y.>art of the history, that 
other issues, bearing interest at various rates, 
were authorized and made a legal tender, except 
in redemption of bank notes, for face amount, 
exclusive of interest. Such were the one and 
two years five per cent, notes and three years 
compound interest notes. || These notes never 
entered largely or permanently into the circula- 
tion ; and there is no reason to think that their 
utility was increased or diminished by the act 
which declared them a legal tender for face 
amount. They need not be furtlier considered 
here. They serve only to illustrate the tendency, 
remarked by all who have investigated the sub- 
ject of paper money, to increase the volume of 
irredeemable issues, and to extend indefinitely 
the application of the quality of legal tender. 
That it was carried no further during tlie recent 
civil war, and has been carried no further since, 
is due to circumstances, the consideration of 
which does not belong to this discussion. 

We recur, tlien, to tiie question under conside- 
ration. No one questions the general constitu- 
tionality, and not very many perhaps the gen- 
eral expediency, of the legislation by which a 
note currency has been authorized in recent 
years. The doubt is as to the power to declare 
a particular class of these notes to be a legal 
tender in payment of pre-existing debts. 

The only ground upon which this power is 
asserted is, not that the issue of notes was an 
appropriate and plainly-adapted means for car- 
rying on the war, for that is admitted, but that 
the making of them a legal tender to the extent 
mentioned was such a means. 

Now, we have seen that of all the notes issued 
those not declared a legal tender at all constitu- 
ted a very large proportion, and that they circu- 
lated freely and without discount. 

It may be said that their equality in circula- 

* 12 United States Stats., 345, .'i32, and 709. +12 United 
States Stats., 711. tl2 United States Stats., 6G9. jlS 
United States Stats., 218, 425. 



JUDICIAL DECISIONS, ETC. 



517 



tion and credit was due to the provision made 
by law for the redemption of this paper in legal- 
tender notes. But this provision, if at all useful 
in this respect, was of trifling importance com- 
pared with' that which made them receivable for 
government dues. All modern history testifies 
that, in time of war especially, when taxes are 
augmented, large loans negotiated, and heavy 
disDursements made, notes issued by the author- 
ity of the government, and made receivable for 
dues of the government, always obtain at first a 
ready circulation ; and even wlien not redeem- 
able in coin on demand are as little and usually 
less subject to depreciation than any other de- 
scription of notes for the redemption of which 
no better provision is made. And the history 
of the legislation under consideration is, that it 
was upon this quality of receivability, and not 
upon the quality of legal tender, that reliance 
for circulation was originally placed; for tlie re- 
ceivability clause appears to have been in the 
original draft of the bill, while the legal-tender 
clause seems to have been introduced at a later 
stage of its progress. 

These facts certainly are not without weight 
as evidence that all the useful purposes of the 
notes would have been fully answered without 
making them a legal tender for pre-existing debts. 

It is denied, indeed, by eminent writers, that 
the quality of legal tender adds anything at all 
to the credit or usefulness of government notes 
They insist, on the contrary, that it impairs both. 

However this may be, it must be remembered 
that it is as a means to an end to be attained by 
the action of the government that the implied 
power of making notes a legal tender in all pay- 
ments is claimed under the Constitution. Now, 
how far is the government helped by this means? 
Certainly it cannot obtain new supplies or ser- 
vices at a cheaper rate, for no one will take the 
notes for more than they are worth at the time of 
the new contract. The price will rise in the ratio 
of the depreciation, and this is all that could hap- 
pen if the notes were not made a legal tender. 
J3ut it may be said that the depreciation will he 
less to him who takes them from the government 
if the government will pledge to him its power 
to compel his creditors to receive them at par in 
payments. This is, as we have seen, by no means 
certain. If the quantity issued be excessive, and 
redemption uncertain and remote, great deprecia- 
tion will take place; if, on the other hand, the 
quantity is only adequate to the demands of busi- 
ness, and confidence in early redemption is strong, 
the notes will circulate freely, whether made a 
legal tender or not. 

But if it be admitted that some increase of 
availabilitj' is derived from making the notes a 
legal tender under new contracts, it by no means 
follows that any appreciable advantage is gained 
by compelling creditors to receive them in satis- 
faction of pre-existing debts. And there is abund- 
ant evidence that whatever benefit is possible 
from that compulsion to some individuals or to 
the government is far more than outweighed by 
the losses of property, the derangement of busi- 
ness, the fluctuations of currency and values, 
and the increase of prices to the people and the 
government, and the long train of evils which 
flow from the use of irredeemable paper money. 



It is true that these evils are not to be attributed 
altogether to making it a legal tender. But this 
increases these evils. It certainly widens their 
extent and protracts their continuance. 

We are unable to persuade ourselves that an 
expedient of this sort is an appropriate and plainly 
adapted means for the execution of the power to 
declare and carry on war. If it adds nothing to 
the utility of the notes it cannot be upheld as a 
means to the end in furtherance of which the notes 
are issued. Nor can it, in our judgment, be up- 
held as such if, while facilitating in some degree 
the circulation of the notes, it debases and injures 
the currency in its proper use to a much greater 
degree. And these considerations seep to us 
equally applicable to the powers to regulate com- 
merce and to borrow money. Both powers ne- 
cessarily involve the use of money by the people 
and by the government, but neither, as we think, 
carries with it, as an appropriate and j)lainly 
adapted means to its exercise, the power of mak- 
ing circulating notes a legal tender inpayment of 
pre-existing debts. 

But there is another view which seems to us 
decisive, to whatever express power the supposed 
implied power in question may be referred. In 
therulestated by Chief Justice Marshall the words 
"appropriate," ''plainly ada[)ted," "really calcu- 
lated," are qualified by the limitation that the 
meaus must be not prohibited, but consistent with 
the letter and spirit of the Constitution. Nothing 
so prohibited or inconsistent can be regarded as 
appropriate, or plainly adapted, or really calcu- 
lated means to an end. 

Let us inquire, then, first, whether making bills 
of credit a legal tender, to the extent indicated, 
is consistent with the spirit of the Constitution. 

Among the great cardinal principles of that in- 
strument no one is more conspicuous or more ven- 
erable than the establishment of justice. And 
what was intended by the establishment of jus- 
tice in the minds of the people who ordained it 
is happily not a matter of disputation. It is not 
left to inference or conjecture, especially in its 
! relations to contracts. 

I When the Constitution was undergoing discus- 
I sion in the convention, the Congress of the con- 
federation was engaged in the consideration of 
the ordinance for the government of the territory 
northwest of the Ohio, the only territory subject 
at that time to its regulation and control. By 
this ordinance certain fundamental articles of 
compact were established between the original 
States and the people and States of the territory, 
for the purpose, to use its own language, "of ex- 
tending the fundamental principles of civil and 
religious liberty, whereon these republics," (the 
States united under the confederation) "their laws, 
and constitutions are erected." Among these fun- 
damental principles was this: "And in the just 
preservation of rights and property it is under- 
stood and declared, that no law ought ever to be 
made or have force in the said territory that 
shall in any manner whatever interfere with or 
affect private contracts or engagements bortajide 
and without fraud previously formed." 

The same principle found more condensed ex- 
pression in that most valuable provision of the 
Constitution of the United States, ever recognized 
as an efficient safeguard against injustice, that 



518 



POLITICAL MANUAL. 



"no State shall pass any law impairing the obli- 
gation of contracts." 

It is true that this prohibition is not applied in 
terms to the Government of the United States. 
Congress has express power to enact bankrupt 
laws, and we do not say that a law made in the 
execution of anj' other express power, which in- 
cidentally only impairs the obligation of a con- 
tract, can be held to be unconstitutional for that 
reason. 

But we think it clear that those who framed 
and those who adopted the Constitution intended 
that the spirit of this prohibition should pervade 
the entire body of legislation, and that the jus- 
tice which the Constitution was ordained to es- 
tablish was not thought by them to be compatible 
with legislation of an opposite tendency. In other 
words, we cannot doubt that a law not made in 
pursuance of an express power, which necessarily 
and in its direct operation impairs the obligation 
of contracts, is inconsistent with the spirit of the 
Constitution. 

Another provision, found in the Vth Amend- 
ment, must De considered in this connection. We 
refer to that which ordains that private property 
shall not be taken for public use without compen- 
sation. This provision is kindred in spirit to that 
which forbids legislation impairing the obligation 
of contracts ; but, unlike that, it is addressed di- 
rectly and solely to the national government. It 
does not, in terms, prohibit legislation which ap- 
propriates the private property of one class of 
citizens to the use of another class ; but if such 
property cannot be taken for the benefit of all 
without compensation, it is difficult to understand 
how it can be so taken for the benefit of a part 
without violating the spirit of the prohibition. 

But there is another provision in the same 
amendment, which, in our judgment, cannot 
have its full and intended effect unless construed 
as a direct prohibition of the legislation which 
we have been considering. It is that which de- 
clares that "no person shall be deprived of life, 
liberty, or property without due process of law." 

It is not doubted that all the provisions of this 
amendment operate directly in limitation and 
restraint of the legislative powers conferred by 
the Constitution. The only question is, whether 
an act which compels all those who hold con- 
tracts for the payment of gold and silver money 
to accept in payment a currency of inferior value 
deprives such persons of property without due 
process of law. 

It is quite clear that, whatever may be the 
operation of such an act, due process of law 
makes no part of it. Does it deprive any person 
of property? 

A very large proportion of the property of 
civilized men exists in the form of contracts. 
These contracts almost invariably stipulate for 
the payment of money. And we have already 
seen that contracts in the United States, prior to 
the act under consideration, for the payment of 
money, were contracts to pay the sums specified 
in gold and silver coin. And it is beyond doubt 
that the holders of these contracts were and are 
as fully entitled to the protection of this consti- 
tutional provision as the holders of any other 
description of property. 

But it may be said that the holders of no de- 



scription of property are protected by it from 
legislation wl:i>;-h imndentally only imjtairs its 
value. And it may be urged in illustration that 
the holders of stock in a turnjiike, a bmlgc, or a 
manufacturing corporation, or an insurance com- 
pany, or a bank, cannot invoke its protec'ion 
against legislation which, by auliiorizing similar 
works or corporations, reduces its price in tho 
market. But all this does not appear to meat 
the real difficulty. In the cases mentioned, the 
injury is purely contingent and incidental. In 
the case we are considering, it is direct and inevi- 
table. 

If in the cases mentioned the liolders of the 
stock were required by law to convey it on de- 
mand to any one who should think fit to offer 
half its value for it, the analogy would bo more 
obvious. No one probably could be found to 
contend that an act enforcing the acceptance of 
fifty or seventj'-five acres of land in satisl'action 
of a contract to convey a hundred would not come 
within the prohibition against arbitrary priva- 
tion of property. 

We confess ourselves unable to perceive any 
solid distinction between such an act and an act 
compelling all citizens to accept, in satisfaction 
of all contracts for money, half or three-quarters, 
or any other proportion less than the whole of 
the value actually due, according to their terms. 
It is difficult to conceive what act would take 
private property without process of law if such 
an act would not. 

We are obliged to conclude that an act making 
mere promises to pay dollars a legal tender in 
payment of debts previously contracted is not a 
means appropriate, plainly adapted, really cal- 
culated to carry into effect any express power 
vested in Congress; that such an act is inconsist- 
ent with the spirit of the Constitution; and that 
it is prohibited by the Constitution. 

It is not surprising that amid the tumult of 
the late civil war, and under the influence of ap- 
prehensions for the safety of tho reiaiblic almost 
universal, different views, never before enter- 
tained bv American statesmen or jurists, were 
adopted by many. The time was not favorable 
to considerate reflection upon the constitutional 
limits of legislative or executive authority. If 
power was assumed from patriotic motives, the 
assumption found ready justification in patriotic 
hearts. Many who doubted yielded their doubts ; 
many who did not doubt were silent. Some who 
were strongly averse to making government 
notes a legal tender felt themselves constrained 
to acquiesce in the views of tho advocates of the 
measure. Not a few who then insisted upon its 
necessity, or acquiesced in that view, hifve, since 
the return of peace and under the influence of 
the calmer time, reconsidered their conclusions, 
and now concur in those which we have just ?.n- 
nounced. These conclusions seem to us to be 
fully sanctioned by the letter and spirit of the 
Constitution. 

We are obliged, therefore, to hold that the de- 
fendant in error was not bound to receive from 
the jilaintiffs the currency tendered to him in 
payment of their note, made before the passage 
of the act of February 25, 1862. It follows that 
the judgment of the court of appeals of Ken- 
tucky must bo affirmed. 



JUDICIAL DECISIONS, ETC. 



519 



It is proper to say that Mr. Justice Grier, who 
was a member of the court when this cause was 
decided in conference,* and when this opinion 
was directed to be read.f stated his judgment to 
be that the legal-tender clause, properly con- 
strued, has no application to debts contracted 
prior to its enactment; but that upon the con- 
Etruction given to the act by the otlier judges he 
concurred in the opinion that the clause, so far 
as it makes United States notes a legal tender 
for such debts, is not warranted by the Consti- 
tution. 

Dissenting Opinion. 

• Mr. Justice Miller dissenting: 

The provisions of the Constitution of the United 
States which have direct reference to the func- 
tion of legislation may be divided into three 
primary classes: 

1. Those which confer legislative powers on 
Congress. 

2. Those which prohibit the exercise of legis- 
lative powers by Congress. 

3. Those which prohibit the States from exer- 
cising certain legislative powers. 

The powers conferred on Congress may be sub- 
divided into the positive and tne auxiliary, or, 
as they are more commonly called, the express 
and the implied powers. 

As instances of the former class may be men- 
tioned the power to borrow money, to raise and 
support armies, and to coin money and regulate 
the value thereof. 

The implied or auxiliary powers of legislation 
are founded largely on that general provision 
which closes the enumeration of powers granted 
in express terms, by the declaration that Con- 
gress shall also "have power to make all laws 
which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other 
powers vested by this Constitution in the Govern- 
ment of the United States, or in any department 
or oiEcer thereof." 

The question which this court is called upon to 
consider is, whether the authority to make the 
notes of the United States a lawful tender in 
payment of debts is to be found in Congress 
under either of these classes of legislative powers. 

As one of the elements of this question, and in 
order to negative any idea that the exercise of 
such a power would be an invasion of the rights 
reserved to the States, it may be as well to say 
at the outset, that this is among the subjects of 
legislation forbidden to the States by the Consti- 
tution. Among the unequivocal utterances of 
that instrument on this subject of legal tender 
is that which declares that "No State shall coin 
money, emit bills of credit, or make anything 
but gold and silver coin a tender in payment of 
debts;" thus removing the whole matter from the 
domain of State legislation. 

No such prohibition is placed upon the power 
of Congress on this subject, though there are, as 
I have already said, matters expressly forbidden 
to Congress; but neither this of legal tender, nor 
of the power to emit bills of credit or to impair 
the obligation of contracts, is among them. On 
the contrary. Congress is expressly authorized to 
coin money and to regulate the value thereof 

* Noy. 27, 1869. t Jan- 29, 1870. 



and of foreign coin, and to punish the counter- 
feiting of such coin and of the securities of the 
United States. It has been strongly argued by 
many able jurists that these latter clauses, fairly 
construed, confer the power to make the securi- 
ties of the United States a lawful tender in pay- 
ment of debts. 

While I am not able to see in them, standing 
alone, a sufficient warrant for the exercise of this 
power, they are not without decided weight when 
we come to consider the question of the existence 
of this power as one necessary and proper for 
carrying into execution otlier admitted powers 
of the Government. For they show that so far 
as the framers of the Constitution did go in 
granting express power over the lawful money of 
the country, it was confided to Congress and 
forbidden to the States; and it is no unreasona- 
ble inference, that if it should be found necessary, 
in carrying into etiect some of the powers of the 
Government essential to its successful operation, 
to make its securities perform the office of money 
in the payment of debts, such legislation would 
be in harmony with the power over money 
granted in express terms. 

It being conceded, then, that the power under 
consideration would not, if exercised by Con- 
gress, be an invasion of any right reserved to 
the States, but one which they are forbidden to 
employ, and that it is not one in terms either 
granted or denied to Congress, can it be sus- 
tained as a law necessary and proper, at the time 
it was enacted, for carrying into execution any 
of these powers that are expressly granted, either 
to Congress or to the Government or to any de- 
partment thereof? 

From the organization of the Government 
under the present Constitution there have been 
from time to time attempts to limit the powers 
granted by that instrument by *a narrow and 
literal rule of construction, and these have been 
specially directed to the general clause which we 
have cited as the foundation of the auxiliary 
powers of the Government. It has been said 
that this clause, so far from authorizing the use 
of any means which could not have been used 
without it, is a restriction upon the powers ne- 
cessarily implied by an instrument so general in 
its language. , 

The doctrine is, that when an act of Congress 
is brought to the test of this clause of the Con- 
stitution, its necessity must be absolute, and its 
adaptation to the conceded purpose unquestion- 
able 

Nowhere has this principle been met with 
more emphatic denial and more satisfactory refu- 
tation than in this court. That eminent jurist 
and statesman, whose official career of over thirty 
years as chief justice commenced very soon after 
the Constitution was adopted, and whose opin- 
ions have done as much to fix its meaning as 
those of any man, living or dead, has given this 
particular clause the benefit of his fullest con- 
sideration. 

In the case of the United States vs. Fisher, (2 
Cranch, 358,) decided in 1804, the point in, issue 
was the priority claimed for the United States as 
a creditor of a bankrupt over all other creditors. 
It was argued mainly on the construction of the 
statutes, but the power of Congress to pass such 



520 



POLITICAL MANUAL. 



a law was also denied. Chief Justice Marshall 
said: "It is claimed under the authority to 
make all laws which shall bo necessary and 
proper to carry into execution the powers vested 
by the Constitution in the Government or in any 
department thereof. In construing this clause, 
it would be incorrect and would produce endless 
difficulties, if the opinion should be maintained 
that no law was authorized which was not indis- 
pensably necessary to give etfect to a specified 
power. Where various systems raight be adopted 
for that purpose, it might be said with respect to 
each that it was not necessary, because the end 
might be attained by other means. Congress 
must possess the choice of means, and must be 
empowered to use any means which are in fact 
conducive to the exercise of the power granted 
by the Constitution." 

It was accordingly held that, under the au- 
thority to pay the debts of the Union, it could 
pass a law giving priority for its own debts in 
cases of bankruptcy. 

But in the memorable case of McCulloch vs. 
The State of Maryland, (4 Wheaton, 316,) the 
most exhaustive discussion of this clause is found 
in the opinion of the court by the same eminent 
expounder of the Constitution. That case in- 
volved, it is well known, the right of Congress 
to establish the Bank of the United States and 
to authorize it to issue notes for circulation. It 
was conceded that the right to incorporate or 
create such a bank had no specific grant in any 
clause of the Constitution, still less the right to 
authorize it to issue notes for circulation as 
money. But it was argued that, as a means 
necessary to enable the Government to collect, 
transfer, and pay out its revenues, the organiza- 
tion of a bank with this function was within the 
power of Congress. In speaking of the true 
meaning of the word "necessary" in this clause 
of the Constitution he says: "Does it always 
import an absolute physical necessity so strong 
that one thing to which another may be termed 
necessary cannot exist without it? We think it 
does not. If reference be had to its use, in the 
common affairs of the world or in approved 
authors, we find that it frequently imports no 
more than that one thing is convenient or useful 
or essential, to another. To employ means ne- 
cessary to an end is generally understood as 
employing any means calculated to produce the 
end, and not as being confined to those single 
means, without which the end would be entirely 
unattainable." 

The word necessary admits, he says, of all 
degrees of comparison. "A tiling mav be neces- 
sary, very necessary, absolutely or indisnensably 
necessary." * * * "This word, then, like 
others, is used in various senses, and in its con- 
Btruction the subject, the context, the intention 
of the per.son u.«ing them are all to be taken mio 
view. Let this be done in the case under con- 
sideration. The subject is the execution of those 
great powers on which the welfare of a nation 
essentially depends. It must have been the in- 
tention of those who gave these powers to insure, 
as far as human prudence could insure, their 
beneficial execution. This could not be done by 
confining the clioice of means to such narrow 
limits as not to leave it in the power of Congress 



to adopt any which might be appropriate and 
which were conducive to the end. This provis- 
ion is made in a constitution intended to endure 
for ages to coine, and consequently to be adapted 
to various crises of human affairs. To have 
prescribed the means by which the government 
should in all future time execute its powers 
would have been to change entirely the charac- 
ter of the instrument, and give it the properties 
of a legal code. It would have been an unwise 
attempt to provide by immutable rules for exi- 
gencies which, if foreseen at all, must have been 
but dimly, and which can best be provided for 
as they occur. To have declared that the best 
means shall not be used, but tho.se alone without 
which the power given would be nugatory, 
would have been to deprive the legislature of the 
capacity to avail itself of experience, to exercise 
its reason, and to accommodate its legislation to 
circumstances." 

I have cited at unusual length these remarks 
of Chief Justice Marshall because, though made 
half a century ago, their applicability to the cir- 
cumstances under which Congress called to its 
aid the power of making the securities of the 
Government a legal tender as a means of suc- 
cessfully prosecuting a war which without such 
aid seemed likely to terminate its existence, and 
to borrow money which could in no other man- 
ner be borrowed, and to pay the debt of millions 
due to its soldiers in the field, which could by no 
other means be paid, seem to be almost prophetic. 
If he had had clearly before his mind the future 
history of his country he could not have better 
characterized a principle which would in this 
very case have rendered the power to carry on 
war nugatory, which would have deprived Con- 
gress of the capacity to avail iiseu of experi- 
ence, to exercise its reason, and to accommodate 
its legislation to circumstances by the use of the 
most appropriate means of supporting the Gov- 
ernment in the crisis of its fate. 

But it is said that the clause under considera- 
tion is admonitory as to the use of implied 
powers, and adds nothing to what would have 
been authorized without it. 

The idea is not new, and is probably intended 
for the same which was urged in the case of Mc- 
Culloch vs. The State of Maryland, namely, that 
instead of enlarging the powers conferred on 
Congress, or providing for a more liberal use of 
them, it was designed as a restriction upon the 
ancillary powers incidental to every express 
grant of power in general terms. I have already 
cited so fully from that case that I can only refer 
to it to say that this proposition is there clearly 
stated and refuted. 

Does there exist, then, any power in Congress 
or in the Government, by express grant, in the 
execution of which this legal-tender act was ne- 
cessary and proper, in the sense here defined, 
under the circumstances of its passage ? 

The power to declare war, to suppress insur- 
rection, to raise and support armies, to provide 
and maintain a navy, to borrow money on the 
credit of the United States, to pay the debts of 
the Union, and to provide for the common de- 
fense and general welfare, are each and all dis- 
tinctly and ■ specifically granted in separate 
clauses of the Constitution. 



JUDICIAL DECISIONS, ETC. 



521 



We were in the midst of a war which called 
all these powers into exercise and taxed them 
severely ; a war which, if we take into account 
the increased capacity for destruction introduced 
by modern science and the corresponding in- 
crease of its cost, brought into operation powers 
of belligerency more potent and more expensive 
than any that the world has ever known. 

All the ordinary means of rendering efficient 
the several powers of Congress above mentioned 
had been employed to their utmost capacity, and 
"with the spirit of the rebellion unbroken, with 
large armies in the field unpaid, with a current 
expenditure of over $1,000,000 per day, the credit 
of the Government nearly exhausted, and the 
resources of taxation inadequate to pay even the 
interest on the public debt, Congress was called 
on to devise some new means of borrowing 
money on the credit of the nation, for the result 
of the war was conceded by all thoughtful men 
to depend on the capacity of the Government to 
raise money in amounts previously unknown. 
The )janks had already loaned their means to 
the treasury. They had been compelled to sus- 
pend the payment of specie on their own notes. 
The coin in the country, if it could all have 
been placed within the control of the Secretary 
of the Treasury, would not have made a circula- 
tion sufficient to answer army purcliases and 
army paj-ments, to say nothing of the ordinary 
business of the country. A general collapse of 
credit, of payment, and of business seemed inevi- 
table, in which faith in the ability of the Gov- 
ernment would have been destroyed, the rebel- 
lion would have triumphed, the States would 
have been left divided, and the people impov- 
erished. The national government would have 
perished, and with it the Constitution which we 
are now called upon to construe with such nice 
and critical accuracy. 

That the legal-tender act prevented these dis- 
astrous results, and that the tender clause was 
necessary to prevent them, I entertain no doubt. 
It furnished instantly a means of paying the 
soldiers in the field and filled the cotfers of the 
commissary and quartermaster. It furnished a 
medium for tlie payment of private debts, as well 
as public, at a time when gold was being rapidly 
withdrawn from circulation and the State-bank 
currency was becoming worthless. It furnished 
the means to the capitalist of buying the bonds 
ol the Government. It stimulated trade, revived 
the drooping energies of the country, and restored 
confidence to the public mind. 

The results which followed the adoption of 
this measure are beyond dispute. No other ade- 
quate cause has ever been assigned for the re- 
vival of government credit, the renewed activity 
of trade, and the facility with which the Govern- 
ment borrowed in two or three years, at reason- 
able rates of interest, mainly from its own citi- 
zens, double the amount of money there was in 
the country, includmg coin, bank notes, and the 
notes issued under the legal-tender acts. 

It is now said, however, in the calm retrospect 
of these events, that treasury notes suitable for 
circulation as money, bearing on their face the 
pledge of the United States for their ultimate 
payment in coin, would, if not equally effi- 
cient, have answered the requirement of the oc- 



casion without being made a lawful tender for 

debts. 

But what was needed was something more 
than the credit of the Government. That had 
been stretclied to its utmost tension, and was 
clearly no longer sufficient in the simple form of 
borrowing money. Is there any reason to be- 
lieve that the mere change in tlie form of the 
security given would have revived this sinking 
credit? On the contrary, all experience shows 
that a currency not redeemable promptly in coin, 
but dependent on the credit of a promiser whose 
resources are rapidly diminishing, while his lia- 
bilities are increasing, soon sinks to the dead 
level of worthless paper. As no man would 
have been compelled to take it in payment of 
debts, as it bore no interest, as its period of re- 
demption would have been remote and uncertain, 
this must have been the inevitable fate of any 
extensive issue of such notes. 

But when by law tliey were made to discharge 
the function of paying debts, they had a per- 
petual credit or value equal to the amount of all 
the debts, public and private, in the country. 
If they were never redeemed, as they never have 
been, they still paid debts at their par value, and 
for this purpose were tlien, and always have 
been, eagerly sought by the people. To say, 
then, tliat this quality of legal tender was not 
necessary to their usefulness seems to be unsup- 
ported by any sound view of the situation. 

Nor can any just inference of that proposition 
arise from a comparison of the legal-tender notes 
with the bonds issued by the Government about 
the same time. These bonds had a fixed period 
for their payment, and the Secretary of the 
Treasury declared that they were payable in 
gold. They bore interest, which was payable 
semi-annually in gold, by express terms on their 
face, and the customs duties, which by law could 
be paid in nothing but gold, were sacredly pledged 
to the payment of this interest. They can afford 
no means of determining what would have been 
the fate of treasury notes designed to circulate 
as money, but which bore no interest, and had 
no fixed time of redemption, and by law could 
pay no debts, and had no fund pledged for their 
payment, ^ 

The legal-tender clauses of the statutes under 
consideration were placed emphatically, by those 
who enacted them, upon their necewity to the 
further borrowing of money and maintaining the 
army and navy. 

It was done reluctantly and with hesitation, 
and only after the necessity had been demon- 
strated and had become imperative. Our states- 
men had been trained in a school which looked 
upon such legislation with something more than 
distrust. The debates of the two houses of Con- 
gress show that on this necessity alone could this 
clause of the bill have been carried, and they 
also prove, as I think, very clearly the exist- 
ence of that necessity. 

The history of that gloomy time, not to be 
forgotten by the lover of his country, will for- 
ever remain the full, clear, and ample vindication 
of the exercise of this power by Congress, as its 
results have demonstrated the sagacity of those 
who originated and carried through this measure. 

Certainly it seems to the best judgment that I 



522 



POLITICAL MANUAL. 



can bring to bear upon tlie subject that this law 
was a necessit}' in the most stringent sense in 
which that word can be used. But if we adopt 
the construction of Chief Justice Marshall and 
the full court over which he presided, a construc- 
tion which has never to this day been overruled 
or questioned in tliis court, how can we avoid 
this conclusion ? Can it be said that this pro- 
vision did not conduce towards the jiurposeof 
borrowing money, of paying debts, of raising 
armies, of suppressing insurrection? or that it 
was not calculated to effect these objects ? or that 
it was not useful and essential to that end? Can 
it be said that this was not among the choice of 
means, if not the only means, wliich were left 
to Congress to carry on this war for national 
existence ? 

Let us compare the present with other cases 
decided in this court. 

If we can say judicially that to declare, as in 
the case of the United States vs. Fisher, that the 
debt which a bankrupt owes the Government 
shall have priority of payment over all other 
debts is a necessary and proper law to enable 
the Government to pay its own debts, how can 
we say that the legal-tender clause was not 
necessary and proper to enable the Government 
to borrow money to carry on the war? 

The creatfton of the United States Bank, and 
especially the power granted to it to issue notes 
for circulation as money, was strenuously resisted 
as without constitutional authority; but this 
court held that a bank of issue was necessary, 
in the sense of that word as used in the Consti- 
tution, to enable the Government to collect, to 
transfer, and to pay out its revenues. 

It w~as never claimed that the Government 
could find no other means to do this. It could 
not then be denied, nor has it ever been, that 
other means more clearly within the competency 
of Congress existed, nor that a bank of deposit 
might possibly have answered without a circula- 
tion. But because that was the most fitting, 
useful, and efficient mode of doing what Congress 
was authorized to do, it was held to be necessary 
by this court. The necessity in that case is mucli 
less apparent to me than in the adojition of the 
legal-tender clause. 

In the Veazie Bank vs. Fenno, decided at the 
present term, this court held, after full consider- 
ation, that it was the privilege of Congress to 
furnish to the country the currency to be used 
by it in the transaction of business, wliether this 
was done by means of coin, of the notes of the 
United States, or of banks created by Congress; 
and that, as a means of making this power of 
Congress efficient, that body could make this 
currency exclusive by taxing out of existence 
any currency authorized by the States. It was 
said "that having, in the exercise of undoubted 
constitutional i)ower, undertaken to provide a 
currency for the whole country, it cannot be 
questioned that Congress may constitutionally 
secure the benefit of it to the pjeople by appro- 
priate means." Which is the more appropriate 
and effectual means of making the currency es- 
tablished by Congress useful, acceptable, perfect 
— the taxing of all other currency out of exist- 
ence, or giving to that furnished by the Gov- 
ernment the quality of lawful tender for debts? 



The latter is a means directlj- conducive to the 
end to be attained, a means which attains the 
end more promptly and more perfectly than any 
other means can do. The former is a remote and 
uncertain means in its effect, and is liable to the 
serious objection that it interferes with State 
legislation. If Congress can, however, under its 
implied jiower, protect and I'oster this currency 
by such means as destructive taxation on State 
bank circulation, it seems strange, indeed, if it 
cannot adopt the more appropriate and the more 
effectual means of declaring these notes of its 
own issue, for tlie redemption of which its faith 
is [iledged, a lawful tender in payment of debts. 

But it is said that t!ie law is in conflict with 
the spirit if not the letter of several provisions 
of the Censtitution. Undoubtedly it is a law 
impairing the obligation of contracts made be- 
fore its passage. iJut while the Constitution 
forbids the States to pass such laws it does not 
forbid Congress On the contrary, Congress is 
expressly authorized to establish a uniform sys- 
tem of bankru[itcy, the essence of which is to 
ilischarge debtors from the obligation of their 
contracts; and in ])ursuance of this power Con- 
gress has three times passed such a law, which 
in every instance operated on contracts made 
Ijefore it was passed. Such a law is now in 
force, yet its constitutionality has never been 
questioned. How it can be in accordance with 
the spirit of the Constitution to destroy directly 
the creditor's contract for the sake of the indi- 
vidual debtor, but contrary to its spirit to affect 
remotely its value for the safety of the nation, it 
is diflicult to perceive. 

So it is said that the provisions, that private 
property shall not be taken for public use with- 
out due compensation, and that no person shall 
be deprived of life, liberty, or property without 
due course of law, are opposed to the acts under 
consideration. 

The argument is too vague for my perception 
by which tlie indirect effect of a great public meas- 
ure, in depreciating the value of lands, stocks, 
bonds, ana other contracts, renders such a law 
invalid as takinjr private property for public use 
or as depriving tlie ownerof it without due course 
of law. 

A declaration of war with a maritime power 
would thus be unconstitutional, because the value 
of every sliip abroad is lessened twenty-five or 
thirty per C(;nt. and those at home almost as much. 
The abolition of the taritf on iron or sugar would 
in like manner destroy the furnaces, and sink the 
capital employed in the manufacture of these ar- 
ticles. Yet no statesmen, however warm an ad- 
vocate of high tariff, has claimed that to abolish 
such duties would be unconstitutional as taking 
private property. 

If the principle be sound, every successive issue 
of government bonds during the war was void, 
because by increasing the public debt it made 
tho.se already in private hands less valuable. 

This whole argument of the injustice of the 
law, an injustice which, if it ever existed, will be 
repeated by now holding it wholly void and of 
its opposition to the spirit of the Constitution, is 
too abstract and intangible for application to 
courts (f justice, and is above all dangerous as a 
ground on which to declare the legislation of Con- 



JUDICIAL DECISIONS, ETC. 



523 



gress void by the decision of a court. It would 
authorize this court to enforce theoretical views 
of the genius of the government, or vague notions 
of the spirit of the Constitution and of abstract 
justice, by declaring void laws which did not 
square with those views. It substitutes our ideas 
of policy for judicial construction, an undefined 
code of ethics for the Constitution, and a court 
of justice for the national legislature. 

Upon the enactment of these legal-tender laws 
they were received with almost universal acqui- 
escence as valid. Payments were made in the 
legal-tender notes for debts in existence when the 
law was passed to the amount of thousands of 
millions of dollars, though gold was the only law- 
ful tender when the debts were contracted. A 
great if not larger amount is now due under con- 
tracts made since their passage, under the belief 
that these legal tenders would be valid payment. 
The two houses of Congress, the President who 
signed the bill, and fifteen State courts, being all 
but one that has passed upon the question, have 
expressed their belief in the constitutionality of 
these laws. 

With all this great weight of authority, this 
strong concurrence of opinion among those who 
have passed upon the question, before we have 
been called to decide it, whose duty it was as 
much as it is ours to pass upon it in the light of 
the Constitution, are we lo reverse their action, 
to disturb contracts, to declare the law void be- 
cause the necessity for its enactment does not 
appear so strong to us as it did to Congress, or so 
clear as it was to other courts? 

Such is not my idea of the relative functions 
of the legislative and judicial departments of the 
Government. Where there is a choice of means, 
the selection is with Congress, not the court. If 
the act to be considered is in any sense essential 
to the execution of an acknowledged power, the 
degree of that necessity is for the legislature and 
not for the court to determine. In the case in 
Wheaton, from which I have already quoted so 
fully, the court says that "where the law is not 
prohibited, and is really calculated to effect any 
of the objects intrusted to the Government, to 
undertake here to inquire into the degree of its 
necessity would be to pass the line which circum- 
scribes the judicial department, and to tread on 
legislative ground. This court disclaims all pre- 
tences to such a power." This sound exposition 
of the duties of the court in this class of cases 
relieves me from any embarrassment or hesitation 
in the case before me. If I had entertained doubts 
of the constitutionality of the law, I must have 
held the law valid until those doubts became con- 
victions. But as I have a very decided opinion 
that Congress acted within the scope of its au- 
thority, I must hold the law to be constitu- 
tional, and dissent from the opinion of the court. 
I am authorized to say that Mr. Justice Swayne 
and Mr. Justice Davis concur in this opinion. 

Note.— When this decision was made the court con- 
sisted of eight judge.s, tliere being one vacancy, caused 
by the death of Judge Wayne, of Georgia. Thefivewho 
concurred in the decision are Chief Justice Chase and 
Associate Justices Nelson, Clifford, Grier, and Field. 
Of these, the iirst three are understood to hold the le- 
gal-tender clause unconstitutional for all purposes, 
and the latter two as unconstitutional as to prior con- 
tracts only. 
B 



Since the decision was pronounced. Associate Jus- 
tices Strong and Bradley have been added to the bench, 
the former in place of Associate Justice Grier, the 
latter in place of Associate Justice Wayne. There is 
a strong impression that the full court will reverse the 
above decision wlienever a case involving the ques- 
tion may arise.— E. McP. 

On the Eight of the United States Government 
to Tax State Banks. 

Pecember Term, 1869 
TliePresident, Directors, and"] Certifieate of division 

Company of the Veazie in opinion between 

Bank, plaintiffs, I the judges of the cir- 

vs. ( cuit court of the Uni- 

Jeremiah Fenuo, collector of t ted States for the dis- 
internal revenue. J trict of Maine. 

Mr. Chief Justice Chase delivered the opinion 
of the court. 

The necessity of adequate provision for the 
financial exigencies created by the late rebellion 
suggested to the administrative and legislative de- 
partments of the Government important changes 
in the systems of currency and taxation which 
had hitherto prevailed, these changes, more or 
less distinctly shown in administrative recom- 
mendations, took form and substance in lemsla- 
tive acts. We have now to consider, within a 
limited range, those which relate to circulating 
notes and the taxation of circulation. 

At the beginning of the rebellion the circulat- 
ing medium consisted almost entirely of bank 
notes issued by numerous independent corpora- 
tions variously organized under State legislation, 
of various degrees of credit, and very unequal 
resources, administered often with great, and not 
unfroquently with little skill, prudence, and in- 
tegrity. The acts of Congress then in force pro- 
hibiting the receiptor disbursement, in the trans- 
actions of the national Government, of anything 
except gold and silver, and the laws of the States 
requiring the redemption of bank notes in coin 
on demand, prevented the disappearance of gold 
and silver from circulation. There was then 
no national currency except coin; there was no 
general* regulation of any other by national 
legislation, and no national taxation was im- 
posed in any form on the State bank circula- 
tion. 

The first act authorizing the emission of notes 
by the Treasury Department for circulation was 
that, of July 17, ISGl.f The notes issued under 
this act were treasury notes, payable on demand 
in coin. The amount authorized by it was fifty 
millions of dollars, and was increased by the act 
of February 12, 1862,J to sixty millions. 

On the 31st of December, 1861, the State banks 
suspended specie payment. Until this time the 
expenses of the war had been paid in coin, or in 
the demand notes just referred to, and for some- 
time afterwards they continued to be paid in 
these notes, which, if not redeemed in coin, were 
received as coin in the payment of duties. 

Subsequently, on the 25th of February, 1862,§ 
a new policy became necessary in consequence 

of the suspension and of the condition of the 
country, and was adopted. The notes hitherto 

issued, as has just been stated, were called treas- 



* See the act of December 27, 1854, to suppress small 
notes in the District of Columbia, 10 U. S. Stats., 599. 
tl2 U. S. Stats., 259. J 12 U. S. Stats., 338. gl2 U. S. 
Stats., 345. 



5Q4: 



POLITICAL MANUAL. 



nry notes, and were payable on demand in coin. 
The act now passed authorized the issue of bills 
for circulation under the name of United States 
notes, made paj'able to bearer, but not expressed 
to be paj'able on demand, to the amount of 
$150,OtH3,bOO; and this amount was increased bv 
Bubsequent acts to $450,000,000, of which $50"- 
000,000 were to be held in reserve, and only to 
be issued for a special purpose, and under special 
directions as to their withdrawal from circulation.* 
These notes, until after the close of the war, were 
alwaj's convertible into or receivable at par for 
bonds payable in coin, and bearing coin interest, 
at a late not less than five per cent., and the acts 
by which they were authorized declared them 
to be lawful money and a legal tender 

Tliis currency, i.-sued directly by the Govern- 
ment for the disbursement of the war and other 
expenditures, could not, obviously, be a proper 
object of taxation. 

But on the 25th of February, 1863, the act 
authorizing national banking associations! was 
passed, in which, for the first time during many 
years. Congress recognized the expediency and 
duty of imposing a tax upon currency. By this 
act a tax of two per cent, annually was imposed 
on the circulation of the associations authorized 
by it. Soon after, by the act of March 3, 1863, J 
a similar but lighter tax of one per cent, an- 
nually was imposed on the circulation of State 
banks in certain proportions to their capital and 
of two per cent, on the excess; and the tax on 
the national associations was reduced to the same 
rates. 

Both acts also imposed taxes on capital and 
deposits, which need not be noticed here. 

At a later date, by the act of June 3, 1864, § 
which was substituted for the act of February 
25, 1863, authorizing national banking associa- 
tions, tiie rate of tax on circulation was continued 
and ap[ilied to the whole amount of it, and the 
shares of their stockholders were also subjected 
to taxation by the States; and a few days after- 
wards, by the act of June 30, 1861, || to provide 
ways and means for tiie supjiort of the Govern- 
ment, the tax on the circulation of the State 
banks was also continued at tlie same annual 
rate of one per cent., as before, but payment was 
required in monthly installments of one-twelfth 
of oae jier cent., with monthly reports from each 
State bank of the amount in circulation. 

It can hardly be doubted that the object of this 
provision was to inform the jiroper authorities of 
the exact amount of paper mono}'- in circulation, 
with a view to its regulation by law. 

The first step taken by Congress in that direc- 
tion v.-as by the act of >}uly 17, 1862,^ prohibit- 
ing the issue and circulation of notes under one 
dollar by any person or corporation. The act 
just referred to was the next, and it was followed 
Bome raontlis later by the act of March 3, 1SG5, 
amendatory of the prior internal revenue acts, 
the (itli section of which provides: " That every 
national banking association. State bank, or State 
banking association, shall pay a tax of ten per 
centum on the amount of tne notes of any State 



•Act of July 11,1802, 12 U. S. Ptats., .')32 ; act of March 
3, 18(;:t, 12 U. 8. Htats., 71ii. + 12 U. S. Stat.s., C7II. ;'' 12 V. 
8. 6(at^., 712. Jl.l (J: S. btat.s.. 111. [ la U. 8. Stats., 277 
\12U. S. Stat.s,592. 



bank or State banking association paid out by 
them after the 1st day of July, 1866."* 

Tlie same provision was re-enacted, with a 
more extended application, on the lotliofJuly, 
1806, in tliese words : " Every national banking 
association. State bank, or State banking asso- 
ciation, shall pay a tax of ten per centuiu on th& 
amount of notes of any person, State bank, or 
State banking association, used for circulation 
and jiaid out by tliem after the 1st day of August, 
1860, and such tax shall be assessed and paid ia 
such manner as sliall be prescribed by the Com- 
missioner of Internal Revenue." f 

The constitutionality of tliis last provision is- 
now drawn in question, and this brief statement 
of the recent legislation of Congress has beea 
made for the purpose of jdacing in a clear light 
its scope and oearing, especially as developed iu 
the provisions just cited. It will be seen that 
when the jiolicy of taxing bank circulation was 
first adopted in 1863, (Congress was inclined to 
discriminate for, rather than against, the circu- 
lation of the State banks ; but that when the 
(KHintry had been sufliciently furnished with a 
national currency by the issue of United States 
notes and of national bank notes, the discrimi- 
nation was turned, and very decidedly turned, 
in tlie opposite direction. 

The general question now before us is, whether 
or not the tax of ten per cent., imposed on State 
banks or national banks paying out the notes of 
individuals or State banks used for circulation, 
is repugnant to the Constitution of the United 
States. 

It is presented by a certificate of division of 
opinion between the judges of the circuit court 
of the United States for the district of Maine, ia 
a suit brought by the President, Directors, and 
Company of the Veazie Bank against Jeremiah 
Fenno. collector of internal revenue, for the re- 
covery of the tax, penalty, and costs paid by 
the bank to the collector under protest and to 
avoid distraint. 

The Veazie Bank is a corporation chartered by 
the State of Maine, with authority to issue bank, 
notes for circulation, and the notes on which the 
tax imposed by the act was collected were issued 
under this authority. There is nothing in the 
case showing that the bank sustained any rela- 
tion to the State as a finaucial agent, or tiiat its 
authority to issue notes was conferred or exer- 
cised with any special reference to other than 
private interests. 

The case was presented to the circuit court 
upon an agreed statement of facts; and upon a 
prayer for instructions to the jury the judges 
found tliemselves opposed in opinion on three 
questions, the first of whicli is this : 

" Whether the second clause of the 9th sectioQ 
of tiie act of Congress of the 13tli of July, 1S6G, 
under which the yix in this case was levied and 
collected, is a valid and constitutional law?" 

Tlie other two questions difier from this in 
form only, and need not be recited. 

In support of the position that the act of Con- 
gress, so I'ar as it provides for the levy and col- 
lection of this tax, is repugnant to the Constitu- 
tion, two propositions liave been argued with 
much force and earnestness. 



* 13 U. S. Stats., 484. 



1 14 U. S. Stats, 148. 



JUDICIAL DECISIONS, ETC. 



525 



The first is that the tax in question is a direct 
tax, and has not been apportioned among the 
States agreeably to the Constitution. 

The second is that the act imposing the tax 
impairs a i'ranchise granted by the iState, and 
that Congress has no power to pass any law with 
that intent or effect. 

The first of these propositions will be first ex- 
amined. 

The difficulty of defining with accuracy the 
terms used in the clause of the Constitution which 
confers the power of taxation upon Congress was 
felt in the convention which framed that instru- 
ment, and has always been experienced by courts 
when called upon to determine their meaning. 

The general intent of the Constitution, how- 
ever, seems plain. The general government, ad- 
ministered by the congress of the Confederation, 
had been reduced to the verge of impotency by 
the necessity of relying for revenue upon requi- 
sitions on the States, and it was a leading object 
in the adoption of the Constitution to relieve the 
government to be organized under it from this 
necessity, and confer upon it ample power to 
provide revenue by the taxation of persons and 
property. And nothing is clearer, from the dis- 
cussions in the convention and the discussions 
which preceded final ratification by the neces- 
sary number of States, than the purpose to give 
this power to Congress, as to the taxation of 
everything except exports, in its fullest extent. 

This purpose is apparent, also, from the terms 
in which the taxing power is granted. The 
power is "to lay and collect taxes, duties, im- 
posts, and excises, to pay the debt and provide 
for the common defence and general welfare of 
the United States." More comprehensive words 
could not have been used. Exports only are by 
another provision excluded from its application. 

There are, indeed, certain virtual limitations 
arising from the principles of the Constitution 
itself. It would undoubtedly be an abuse of the 
power if so exercised as to impair the separate 
existence and independent self-government* of 
the States, or if exercised for ends inconsistent 
with the limited grants of power in the Consti- 
tion. 

And there are directions as to the mode of ex- 
ercising the power. If Congress sees fit to impose 
a capitation or other direct tax, it must be laid 
in proportion to the census ; if Congress deter- 
mines to impose duties, imposts, and excises, they 
must be uniform throughout the United States. 
These are not strictly limitations of power. They 
are rules prescribing the mode in which it shall 
be exercised. It still extends to every object of 
taxation except exports, and may be applied to 
every object of taxation to which it extends in 
such measure as Congress may determine. 

The comprehensiveness of the power thus given 
to Congress may serve to explain, at least, the 
absence of any attempt by members of the con- 
vention to define, even in debate, the terms of 
the grant. The words used certainly describe 
the whole power, and it was the intention of the 
convention that the whole power should be con- 
ferred. The definition of particular words there- 
fore became unimportant. 

•County of Lane t. State of Oregon, 7 Wall., 73. 



It may be said, indeed, that this observation, 
however just in its application to the general 
grant of power, cannot be applied to the rules by 
which different descriptions of taxes are directed 
to be laid and collected. 

Direct taxes must be laid and collected by the 
rule of apportionment; duties, imposts, and excises 
must be laid and collected under the rule of uni- 
formity. 

Much diversity of opinion has always prevailed 
upon the question, what are direct taxes? At- 
tempts to answer it by reference to the defini- 
tions of political economists have been frequently 
made, but without satisfactory results. The enu- 
meration of the different kinds of taxes which 
Congress was authorized to impose was probably 
made with very little reference to their specula- 
tions. The great work of Adam Smith, the first 
comprehensive treatise on political economy in 
the English language, had then been recently 
published ; but in this work, though there are 
passages which refer to the characteristic differ- 
ence between direct and indirect taxation, there 
is nothing which afibrds any valuable light on 
the use of the words direct taxes in the Consti- 
tution, 

We are obliged, therefore, to resort to historical 
evidence, and to seek the meaning of the words 
in the use and in the opinion of those whose re- 
lations to the government and means of knowl- 
edge warranted them in speaking with authority. 

And, considered in this light, the meaning and 
application of the rule as to direct taxes appears 
to us quite clear. 

It is, as we think, distinctly shown in every 
act of Congress on the subject. 

In each of these acts a gross sum was laid upon 
the United States, and the total amount was ap- 
portioned to the several States according to their 
respective numbers of inhabitants, as ascertained 
by the last preceding census. Having been ap- 
portioned, provision was made for the imposition 
of the tax upon the subjects specified in the act, 
fixing its total sum. 

In 1798, when the first direct tax was imposed, 
the total amount was fixed at $2,000,000;* in 
1813, the amount of tlie second direct tax was 
fixed at $3,000,000 ;t in 1815, the amount of the 
third at $6,000,000, and it was marie an annual 
tax; J in 1816, the provision making the tax an- 
nual was repealed by the repeal of the 1st section 
of the act of 1815, and the total amount was fixed 
for that year at $3,000,000.| No otlier direct 
tax was imposed until 1861, when a direct tax 
of $20,000,000 was laid and made annual ;|| but 
the provision making it annual was suspended, 
and no tax except that first laid was ever appor- 
tioned. In each instance the total sum was ap- 
portioned among the States by the constitutional 
rule, and was assessed at prescribed rates on the 
subjects of the tax. Thei^e subjects in 1798,^ 
1813,** 1815, If 1816,Jf were lands, improve- 
ments, dwelling-houses, and slaves; and in 1861 
lands, improvements, dwelling-houses only. Un- 
der the act of 1798, slaves were assessed at fifty 



* Act of July 14, 1798, 1 U. S. Stats., 597. f Act of Au- 
gust 2, 1813, 3 U S. Stats , .03. .t Act of July 9, 181.5, 3 U. 
S. Stats., 1G4. § Act of March 5, 1846, 3 U. S. Stats., 255. 
II Aft of August 5,1801, 12 U.S. Stats., 294. 1[ Act of July 
9, 1798, 1 U. S. Stats., 586. ♦♦Act of July 22, 1813, 3 U. 8. 
Stats., 26. tt 3 U. S. Stats,, 166. JJ 3 U. S. Stats., 255. 



526 



POLITICAL MANUAL. 



cents on eacn; under tlie other acts, according to 
Valuation b)' assessors. 

This ret'iew f^hows that personal property, con- 
tracts, occupations, and the like, have never been 
regarded by Congress as proper subjects of direct 
tax. It has been supposed that slaves must he 
considered as an exception to this observation. 
But the exception is rather apparent than real. 
As persons, slaves were pro}>er subjects of a capi- 
tation tax, whicli is described in the Constitution 
as a direct tax ; as property, tiiey were by the 
laws of some, if not most, of tlie States classed as 
real property, descendible to heirs. Under the 
first view, tiie}^ would be subject to the tax of 
1798 as a capitation tax; under the latter, they 
would be subject to the taxation of the other 
years as realty. That the latter view was that 
taken by the framers of the acts after 17'JS be- 
comes highly probable, wlien it is considered that 
in the States where slaves were held much of the 
value which would otherwise have attached to 
laud passed into the slaves. If indeed the land 
only had been valued without the slaves, the 
land would have been subject to much heavier 
proportional imposition in those States than in 
States where there were no slaves ; for the pro- 
portion of tax imposed on each State was deter- 
mined by pojiulation, without reference to the 
subjects on which it was to be assessed. 

The fact, then, that slaves were valued under 
the acts referred to, far from showing, as t-ome 
have supposed, that Congress regarded personal 
property as a proper object of direct taxation 
under the Constitution, shows only that Congress, 
after 1798, regarded slaves, for the purpose of 
taxation, as realty. 

It may be rightly affirmed, therefore, tliat in 
the practical construction of the Constitution by 
Congress, direct taxes have been limited to taxes 
on land and appurtenances, and taxes on polls, 
or capitation taxes. 

And this construction is entitled to great con- 
eideration, especially in the absence of anything 
adverse to it in the discussions of the conv'ention 
which framed and of the conventions which rati- 
fied the Constitution. 

What does appear in those discussions, on the 
contrary, supports the construction. Mr. Madi- 
son, says Mr. King, asked what was the precise 
meaning of direct taxation, and no one answered. 
On another day, when the question of propor- 
tioning represeutalion to taxation, and both to 
the white and three-fifths of the slave inhabit- 
ants, was under consideration, Mr. Ellsworth 
said: "In case of a poll-tax, there would be no 
difliculty ;" and, speaking doubtless of direct tax- 
ation, he went on to observe, "The sum allotted 
to a State rnay be levied without dilficulty, ac- 
cording to the plan used in the State for raising 
its own supplies. All this doubtless shows un- 
certainty as to the true meaning of the term 
direct tax; but it indicates also an understand- 
ing that direct taxes were such as may bo levied 
by capitation, and on lands and appurtenances; 
:;r, perhaps, by valuation and asse.ssment of per- 
gonal property upon general lists; for these 
were the subjects from which the States at 
that time usually raised their principal sup- 
plies. 

This view received the sanction of this court 



two years before the enactment of the first law 
imposing direct taxes eo nomine. 

During the February terra, 179G, the constitu- 
tionality of the act of 1794, imposing a duty on 
carriages, came under consideration in the case 
of Ilylton vs. The United States.*'' Suic was 
brought by the United States against Daniel 
Ilylton to recover the penalty imposed by the 
act for not returning and paying dutj^ on a num- 
ber of carriages for the conveyance of persons, 
kept by the defendant for his own use. The law 
did not provide for the apportionment of the tax, 
and, if it was a direct tax, tlie law was confess- 
edly unwarranted by the Constitution. Tiie only 
question in the case, therefore, was whether or 
not the tax was a direct tax. 

The case was one of great expectation, and a 
general interest was felt in its determination. It 
was argued, in support of the tax, by Lee, At- 
torney General, and Hamilton, recently Secre- 
tary of the Treasury; in op[iosition to the tax, 
by Campbell, attorney for the Virginia district, 
and IngersoU, attorney general of Pennsylvania. 

Of the justices who then filled this bench, Ells- 
worth, Paterson, and Wilson had been members, 
and conspicuous members, of the constitutional 
convention, and each of the three liad taken 
part in the discussions relating to direct taxa- 
tion. Ellsworth, the chief justice, sworn into 
office that morning, not having heard the whole 
argument, declined taking part in the decision. 
Cushing, senior associate justice, having been 
prevented by indisposition from attending to the 
argument, also refrained from expressing an 
opinion. The other judges delivered their opin- 
ions in succession, the youngest in commission 
delivering the first, and the oldest the last. 

They all held that the tax on carriages was 
not a direct tax within the meaning of the Con- 
stitution. Cliase, J., was inclined to think that 
the direct taxes contemplated by the Constitu- 
tion are only two: a ca];)itation or poll tax, and 
a tax on land. He doubted whether a tax by a 
general assessment of personal jiroperty can be 
included within the term direct tax. I'aterson, 
who had taken a leading part in the constitu- 
tion convention, went more fully into the sense 
in which the words giving the power of taxa- 
tion were used by that body. In the course of 
this examination he said: 

" VVJiether direct taxes, in the sense of the Con- 
stitution, comprehend any other tax than a capi- 
tation tax and tax on land is a questionable 
point. If Congress, for i'..oiauce, should tax, in 
the aggregate cr riiciss, things that generally per- 
vnde all the States in the Union, then, perhaps, 
the rule of apportionment would be the most 
proper, especially if an assessment was to inter- 
vene. This appears from the practice of some of 
the States to have been considered as a direct 
tax. Whether it be so under the Constitution of 
the United States is a matter of some difficulty; 
but as it is not before the court, it would be im- 
proper to give any decisive opinion upon it. I 
never entertained a doubt that the principal — I 
will not say the only — objects that the framers 
of the Constitution contemplated as falling within 
the rule of apportionment were a capitation tax 
and a tax on land."f 



*3Dall., 171. 



tSDall., 177. 



JUDICIAL DECISIONS, ETC. 



5-17 



Iredell, delivering his opinion at length, con- 
curred generally in the views of Justices Chase 
and Paterson. Wilson had expressed his opin- 
ions to the same general effect when giving the 
decision upon the circuit, and did not now repeat 
them. Neither Chief Justice Ellsworth nor Jus- 
tice Gushing expressed any dissent; and it can- 
not be supposed if, in a case so important, their 
judgments had differed from those announced, 
that an opportunity would not have been given 
them by an order for reargument to participate 
in the decision. 

It may be safely assumed, therefore, as the 
unanimous judgment of the court, that a tax on 
carriages is not a direct tax. And it may further 
be taken as established, upon the testimony of 
Paterson, that the words direct taxes, as used in 
the Constitution, comprehended only capitation 
taxes and taxes on land, ami perhaps taxes on 
personal property by general valuation and as- 
sessment of the various descriptions possessed 
within the several States. 

It follows necessarily that the power to tax 
without apportionment extends to all other ob- 
jects. Taxes on other objects are included under 
the heads of taxes not direct, duties, imposts, and 
excises, and must be laid and coUectoJ by the 
rule of uniformity. The tax under consideration 
ia a tax on bank circulation, and may very well 
be classed under the head of duties. Certainly 
it is not in the sense of the Constitution a direct 
tax. It may be said to come within the same 
category of taxation as the tax on incomes of 
insurance companies, which this court, at the 
last term, in the case of Soule vs. the Insurance 
Company,* held not to be a direct tax. 

Is it, then, a tax on a franchise granted by a 
State, which Congress, upon any principle ex- 
empting the reserved powers of the States from 
impairment by taxation, must be held to have 
no authority to lay and collect ? 

We do not say that there may not be such a 
tax. It may be admitted that the reserved rights 
of the States, such as the right to pass laws, to 
give effect to laws through executive action, to 
administer justice through the courts, and to era- 
ploy all necessary agencies for legitimate pur- 
poses of State government, are not proper sub- 
jects of the taxing power of Congress. But it 
cannot be admitted that franchises granted by a 
State are necessarily exempt from taxation ; for 
franchises are property, often very valuable and 
productive property; and, when not conferred 
for the purpose of giving effect to some reserved 
power of a State, seem to be as properly objects 
of taxation as any other property. 

But in the case before us the object of taxation 
is not the franchise of the bank, but property 
created or contracts made and issued under the 
franchise or power to issue bank bills. A rail- 
road company, in the exercise of its corporate 
franchises, issues freight receipts, bills of lading, 
and passenger tickets ; and it cannot be doubted 
that the organization of railroads is quite as im- 
portant to the State as the organization of banks. 
But it will hardly be questioned that these con- 
tracts of the company are objects of taxation 

7 Wall., 453. 



' within the powers of Congress, ami not exempted 
by any relation to the State which granted the 
charter of the railroad. And it seems ditBcult 
j to distinguish the taxation of notes issued for 
circulation from the taxation of these railroad 
I contracts. Both descriptions of contracts are 
j means of profit to the corporations which issue 
I them ; and both, as we think, may properly be 
! made contributory to the public revenue. 
I It is insisted, however, that the tax in the case 
before us is excessive, and so excessive as to in- 
dicate a purpose on the part of Congress to de- 
stroy the franchise of the bank, and is, therefore, 
beyond the constitutional power of Congress. 

The first answer to this is that the judicial 
cannot prescribe to the legislative departments 
of the government limitations upon the exercise 
of its acknowledged powers. The power to tax 
may be exercised oppressively upon persons, but 
the responsibility of the legislature is not to the 
courts, but to the people by whom its members 
are elected. So if a particular tax bears heavily 
upon a corporation or a class of corporations, it 
cannot, for that reason only, be pronounced con- 
trary to the Constitution. 

But there is another answer which vindicates 
equally the wisdom and the power of Congress. 

It cannot be doubted that under the Constitu- 
tion the power to provide a circulation of coin 
is given to Congress. And it is settled by the 
uniform practice of the Government and by re- 
peated decisions, that Congress may constitu- 
tionally authorize the emission of bills of credit. 
It is not important here to decide whether the 
quality of legal tender in payment of debts can 
be constitutionally imparted to these bills; it is 
enough to say that there can be no question of 
the power of the Government to emit them, to 
make them receivable in payment of debts to' 
itself, to fit them for \ise by those who see fit 
to use them in all the transactions of commerce, 
to provide for their redemption, to make them a 
currency uniform in value and description, and 
convenient and useful for circulation. These 
powers until recently were only partially and 
occasionally exercised. Lately, however, they 
have been called into full activity, and Congress 
has undertaken to supply a currency for the en- 
tire country. 

The methods adopted for the supply of this 
currency were briefly explained in the first part 
of this opinion. It now consists of coin, of 
United States notes, and of the notes of the na- 
tional banks. Both descriptions of notes may 
be properly described as bills of credit, for both 
are furnished by the government ; both are issued 
on the credit of the government, and the govern- 
ment is responsible for the redemption of both; 
primarily as to the first description, and imme- 
diately upon default of the bank as to the second. 
When these bills shall be made convertible into 
coin at the will of the holder, this currency will 
perhaps satisfy the wants of the community in 
respect to a circulating medium as perfectly as 
any mixed currency that can be devised. 

Having thus, in the exercise of undisputed 
constitutional powers, undertaken to provide a 
currency for the whole country, it cannot be 
questioned that Congress maj' constitutionally 



628 



POLITICAL MANUAL. 



secure the benefit of it to the people by appro- 
priate legislation. To this end Congress has de- 
nied the quality of legal tender to foreign coins, 
and has provided by law against the imposition 
of couulerleit and base coin on the community. 
To the same end Congress may restrain by suit- 
able enactments the circulation as money of any 
notes not issued under its own authority. Without 
this power, indeed, its attempts to secure a sound 
and uniform currency for the country must be 
futile. 

Viewed in this light, as well as in the other 
light of a duty on contracts or property, we can- 
not doubt the constitutionality of the tax under 
consideration. 

The three questions certified from the circuit 
court of the district of Maine must therefore be 
answered affirmatively. 

Dissenting Opinion. 

Mr. Justice Nelson dissenting. 

I am unable to concur in the opinion of si ma- 
jority of the court in this case. 

The Veazie Bank was incorporated by the 
Legislature of tlie State of Maine in 184^, with 
a capital of $200,000, and was invested with tlie 
customary powers of a baniiing institution ; and 
among others the power of receiving deposits, 
discounting paper, and issuing notes or bills for 
circulation. The constitutional authority of the 
State to create these institutions, and to invest 
them with full banking powers, is hardly denied. 
But it may be useful to recur for a few moments 
to the source of this authority. 

The Xth amendment to tiie Constitution is as 
follows: " The powers not delegated to the Uni- 
ted States by the Constitution, nor [)roliibited by 
it to the States, are reserved to the States respect- 
ively or to the people." On looking into the 
Constitution it will l)e found that tiiere is no 
clause or provision which, either expressly or by 
reasonable implication, delegates this power to 
the federal Government, whicli originally belong- 
ed to the States, nor which prohibits il to them. 
In the discussions on the subject of tlie creation 
of the first bank of the United States in the first 
Congress and in the Cabinet of Washington, in 
17110 and 1791, no question was made as to the 
constitutionalit}'' of the State banks. The only 
doubt that existed, and which divided the opin- 
ion of the most eminent statesmen of the day, 
many of whom had just largely participated in 
the formation of the Consiitution, the govern- 
ment under which they were then engaged in 
organizing, was, whetlier or not Congress pos- 
sessed a concurrent power toincor[)Orate a bank- 
ing institution of the United States. 

Mr. Hamilton, in iiis celebrated report on a 
national bank to the House of Re[iresentatives, 
discusses at some length the question whether or 
not it would be expedient to substitute the Bank 
of Nortli America, located in Pliiladelphia, and 
which had accepted a charter from the Legisla- 
ture of rennsylvania, in the place of organizing 
a new bank. And, althougli he finally came to 
the conclusion to organize a new one, there is 
not a suggestion or intimation as to the illegality 
or unconstitutionality of this State bank. 

The act incorporating this bank, passed Febru- 



ary 25, 1791, prohibited the establishment of any 
other by Congress during its charter, but said 
nothing as to the State banks. A like prohibi- 
tion is contained in the act incorporating the 
Bank of the United States of 1816. The consti- 
tutionality of a bank incorporated by Congress 
was first settled by the judgment of tliis court in 
McCulloch t>s. The State of Maryland, in 1819. 
(4 Wheat., p. 316.) In that case both the counsel 
and the court recognize the legality and consti- 
tutionality of banks incorporated by the States. 

The constitutionality of the Bank of the United 
States was again discussed and decided in the 
case of Osborn vs. United States Bank, (9 Wheat., 
738.) And in connection with this was argued 
and decided a point in the case of the United 
States Bank vs. The Planters' Bank of Georgia, 
which was common to both cases. The question 
was whether the circuit courts of the United 
States had jurisdiction of a suit brought by the 
United States Bank against the Planters' Bank 
of Georgia, incorporated by that State, and in 
which the State was a stockholder. (9 Wheat., 
pp. 804-904.) 

The court held in both cases that it had. Since 
the adoption of the Constitution down to the 
present act of Congress and the case now before 
us, the question in Congress and in the courts 
has been, not whether the State banks were con- 
stitutional institutions, but whether Congress Ifad 
the power conferred on it by the States to estab- 
lish a national bank. As we have said, that 
question was closed by the judgment of this court 
in McCulloch vs. The State of Maryland. At the 
time of the adoption of the Constitution there 
were four State banks in existence and in opera- 
tion — one in each of the States of Pennsylvania, 
New York, Massachusetts, and Maryland. The 
one in Philadelphia had been originally chartered 
by the Confederation, but subsequently took a 
charter under the State of Pennsylvania. The 
framers of the Constitution were, therefore, fami- 
liar with these State banks and the circulation 
of their paper as money, and were also familiar 
with the practice of the States, that was so com- 
mon, to issue bills of credit, which were bills 
issued by the State exclusively on its own credit, 
and intended to circulate as currency, redeem- 
able at a future day. They guarded the people 
against the evils of this practice of the State gov- 
ernments by the provision in the 10th section of 
the first article, "that no State shall" "emitbills 
of credit," and in the same section guard against 
anj abuse of paper money of the State banks, in 
the following words: " Nor make anything but 
gold and silver coin a tender in payment of 
debts." As bills of credit were thus entirely 
abolished, the paper money of the State banks 
was the only currency or circulating medium to 
which this prohibition could have had any appli- 
cation, and was the only currency, except gold 
and silver, left to the States. The prohibition 
took from this paper all coercive legislation, 
and left it to stand alone upon the credit of the 
banks. 

It was no longer an irredeemable currency, as 
the banks were under obligation, and including, 
frequently, that of its stockholders, to redeem 
their paper in circulation in gold or silver at the 



JUDICIAL DECISIONS, ETC. 



J29 



counter. The State banks were left in this con- 
dition by the Constitution, untouched by any 
other provision. As a consequence they were 
gradually established in most or all of the States, 
and had not been encroached upon or legislated 
against, or in any other way interfered with by 
acts of Congress, for more than three-quarters of 
a century — from 1787 to 1864. But, in addition 
to the above recognition of the State banks, the 
question of their constitutionality came directly 
before this court in the case of Briscoe vs. The Bank 
of the Commonwealth of Kentucky. (11 Pet , 
257.) The case was most elaborately discussed 
both by the counsel and the court. The court, 
after the fullest consideration, held that the States 

Eossessed the power to grant charters to State 
anks; that the power was incident to sovereign- 
ty; and that there was no limitation in the fed- 
eral Constitution on its exercise by the States. 
The court observed that the Bank of North Amer- 
ica and of Massachusetts, and some others, were 
in operation at the time of the adoption of the 
Constitution, and that it could not be supposed 
the notes of these banks were intended to be in- 
hibited by that instrument, or that they were 
considered as bills of credit within its meaning. 
All the judges concurred in this judgment except 
Mr. Justice Story. The decision in this case was 
affirmed in Woodruff ■««. Trapnall, (10 How., 205 ;) 
in Danington vs. the Bank of Alabama, (13 ib., 
12;) and in Curran vs. State of Arkansas, (15 
ib., 317.) 

Chancellor Kent observes that Mr. Justice Sto- 
ry, in his Commentaries on the Constitution, (vol. 
3, p. 19,) seems to be of opinion that, independ- 
ent of the long-continued practice, from the time 
of the adoption of the Constitution, the States 
would not, upon a sound construction of the Con- 
stitution, if the question was res Integra, be au- 
thorized to incorporate banks with a power to 
circulate bank paper as currency, inasmuch as 
they are expressly prohibited from coining money. 
He cites the opinions of Mr. Webster, of the Sen- 
ate of the United States, and of Mr. Dexter, for- 
merly Secretary of War, on the same side. But, 
the chancellor observes, the equal if not the 
greater authority of Mr. Hamilton, the earliest 
Secretary of the Treasury, may be cited in sup- 
port of a diiferent opinion ; and the contemporary 
sense and uniform practice of the nation are de- 
cisive of the question. He further observes, the 
prohibition (of bills of credit) does not extend to 
bills emitted by individuals, singly or collectively, 
whether associated under a private agreement for 
banking purposes, as was the case with the Bank 
of New York prior to its earliest charter, which 
was in the winter of 1791, or acting under a char- 
ter of incorporation, so long as the State lends 
not its credit, or obligation, or coercion to sustain 
the circulation. 

In the case of Briscoe vs. The Bank of the Com- 
monwealth of Kentucky, he observes this question 
was put at rest by the opinion of the court, that 
there was no limitation in the Constitution on the 
power of the States to incorporate banks, and 
their notes were not intended nor were considered 
as bills of credit. (1 Kent's Com., p. 409, marg. 
note A, 10th ed.) 

The constitutional power of the States being 
34 



thus established by incontrovertible authority to 
create State banking institutions, the next ques- 
tion is whether or not the tax in question can be 
uplield consistently with the enjoyment of this 
power. 

The act of Congress of July 13, 1866, (14 U. S. 
Stats., 146, ^ 9,) declares tliat the State banks shall 
pay ten per centum on the amount of their notes, or 
the notes of any person, or other State bank, used 
for circulation and paid out by them after the 1st 
of August, 1866. Ih addition to this tax there 
is also a tax of five per centum per annum upon 
all dividends to stockholders, (13 U. S. Stats., p. 
283, § 120,) besides a duty of one twenty-iburth of 
one per centum monthly u]>on all deposits, and the 
same monthly duty upon the capital of the bank. 
(/&., 277, ^ 110. ) This makes an aggregate of some 
sixteen per cent, imposed annually upon these 
banks. It will be observed the tax of ten per 
centum upon the bills in circulation is not a tax 
on the property of the institutions. The bills in 
circulation are not the property, but the debts of 
the bank, and, in their account of debits and cred- 
its, are placed to the debit side. Certainly no gov- 
ernment has yet made the discovery of taxing 
both sides of this account, debit and credit, as the 
property of a taxable person or corporation. If 
both these items could be made available for this 
purpose a heavy national debt need not create 
any very great alarm, neither as it respects its 
pressure on the industry of the country, for the 
time being, or of its possible duration. There is 
nothing in the debts of a bank to distinguish 
them in this respect from the debts of individuals 
or persons. The discounted paper received for 
the notes in circulation is theproperty of the bank, 
and is taxed as such, as is the property of indi- 
viduals received for their notes that may be out- 
standing. 

The imposition upon the banks cannot be up- 
held as a tax upon property ; neither could it 
have been so intended. It is simply a mode by 
which the powers or faculties of the States to in- 
corporate banks are subjected to taxation, and 
which, if maintainable, may annihilate those 
powers. 

No person questions the authority of Congress 
to tax the property of the banks, and of all 
other corporate bodies of a State, the same as 
that of individuals. They are artificial bodies, 
representing the associated pecuniary means of 
real persons, which constitute their business capi- 
tal, and the property thus invested is open and 
subject to taxation with all the property, real 
and personal, of the State. A tax upon this 
property, and which, by the Constitution, is to 
be uniform, affords full scope to the taxing power 
of the federal Government, and is consistent 
with the power of the States to create the banks, 
and, in our judgment, is the only subject of tax- 
ation by this Government to which these insti- 
tutions are liable. 

As we have seen, in the forepart of this opin- 
ion, the power to incorporate banks was not 
surrendered to the federal Government, but re- 
served to the States; and it follows that the 
Constitution itself protects them, or should pro- 
tect them, from any encroachment upon this 
right. As to the powers thus reserved, the 



530 



POLITICAL MANUAL. 



States are as supreme as before they entered into 
the Union, and are entitled to the unrestrained 
exercise of them. The question as to the taxa- 
tion of the powers and faculties belonging to 
governments is not new in this court. The 
bonds of the federal Government have been held 
to be exempt from State taxation. Why ? Be- 
cause they were issued under the power in the 
Constitution to borrow money, and the tax 
would be a tax upon this power ; and, as there 
can be no limitation to the extent of the tax, the 
power to borrow might be destroyed. So, in the 
instance of the United States notes or legal ten- 
ders, as they are called, issued itnder a construc- 
tive power to issue bills of credit, as no express 
power is given in the Constitution, they are ex- 
empt from State taxation for a like reason as in 
the case of Government bonds ; and we learn 
from the opinion of the court in this case that 
one step further is taken, and that is, that the 
notes of the national banks are to be regarded 
as bills of credit, issued indirectly by the Gov- 
ernment; and it follows of course from this 
that the banks used as instruments to issue and 
put in circulation these notes are also exempt. 
We are not complaining of this. Our purpose 
is to show how important it is to the proper pro- 
tection of the reserved rights of the States that 
these powers and prerogatives should be exempt 
from federal taxation, and how fatal to their ex- 
istence if permitted. And also that, even if this 
tax could be regarded as one upon property, 
still, under the decisions above referred to, it 
would be a tax upon the powers and faculties of 
the States to create these banks, and therefore 
unconstitutional. 

It is true tliat the present decision strikes only 
at the power to create banks, but no person can 
fail to see that the principle involved affects the 
power to create any other description of corpora- 
tions, such as railroads, turnpikes, manufacturing 
companies, and others. 

This taxation of the powers and faculties of 
the State governments, which are essential to 
their sovereignty and to the efl5cient and inde- 
pendent management and administration of their 
internal affairs, is for the first time advanced as 
an attribute of federal authority. It finds no 
support or countenance in the early history of 
the government or in the opinions of the illus- 
trious statessnen who founded it. These states- 
men scrupulously abstained from any encroach- 
ment upon the reserved rights of the States, and 
within these limits sustained and supported them 
as sovereign States. 

We say nothing as to the purpose of this 
heavy tax of some sixteen per centum upon the 
banks, ten of which we cannot but regard as im- 
posed upon the power of the States to create 
them; indeed tlie purpose is scarcely concealed 
in the opinion of the court, namely, to encourage 
the national banks. It is sufficient to add, that 
the burden of the tax, while it has encouraged 
these banks, has proved fatal to those of tlie 
States; and, if we are at liberty to judge of the 
purpose of an action from the consequences that 
nave followed it, ii is not, perhaps, going too far 
to say that these consequences were intended. 

[I am instructed to say that Mr. Justice Davis 
concurs in this oj'inion.j 



On the Right of the State Governments to Tax 
National Banks. 

December Term, 1869, 

TheFirst National Bank of Louis-] In error to Vh© 
ville, plaintiff in error, I court of appeals 

vs. I of the State of 

The Commonwealth of Kentucky. J Kentucky. 

Mr. Justice Miller delivered the opinion of the 
court. 

This is an action brought by the State of Ken- 
tucky in her own courts against the First Na- 
tional Bank of Louisville to recover the amount 
of a tax of fifty cents per share on the shares ot 
its stock. The case resulted in a judgment in 
favor of the commonwealth in the court of ap- 
peals, to which this writ of error is prosecuted. 

The suit is brought, according to the practice 
of the courts of that State, by a petition, setting 
forth the amount of the tax, and claiming a judg- 
ment for the same. The answer, by the same 
mode of practice, sets up four distinct defenses to 
the action. These are: 

1. That defendant is not organized under the 
law of the State, but under the bank act of the 
Jnited States, and is not, therefore, subject to 
State taxation. 

2. That it has been selected and is acting as a 
depositary and financial agent of the Government 
of the United States, and, therefore, is not liable 
to any tax whatever, either on the bank, its capi- 
tal, or its shares. 

3. That its entire capital is invested in secu- 
rities of the Government of the United States, 
and that its shares of stock represent but an in- 
terest in said securities, and therefore are not 
subject to State taxation. 

4. That the shares of the stock are the prop- 
erty of the individual shareholders, and that the 
bank cannot be made responsible for a tax levied 
on those shares, and cannot be compelled to col- 
lect and pay such tax to the State. 

In the several recent decisions concerning the 
taxation of the shares of the national banks, as 
regulated by sections forty and forty-one of the 
act of Congress of June 3, 18d4, (13 U. S. Stats., 
Ill,) it has been established as the law govern- 
ing this court that the property or interest of a 
stockholder in an incorporated bank, commonly 
called a share, the shares in their aggregate total- 
ity being called sometimes the capital stock of 
the bank, is a different t!:ing from the moneyed 
capital of the bank, held and owned by the cor- 
poration. This capital may consist of cash, or 
of bills and notes discounted, or of real estate 
combined with these. The whole of it may be 
invested in bonds of the Government, or in bonds 
of the States, or in bonds and mortgages. In 
whatever it may be invested it is owned by the 
bank as a corporate entity, and not by the stock- 
holders. A tax upon this capiilai is a tax upon 
the bank, and we have held that when that 
capital was invested in the securities of the 
Government it could not be taxed, nor could the 
corporation be taxed as the owner of such secu- 
rities. 

On the other hand, we liave held that the 
shareholders or stockholders, by which is meant 
the same thing, may be taxed by the States on 
slock or shares so held by them, although all the 



JUDICIAL DECISIONS, ETC. 



53] 



capital of the bank be invested in federal secu- 
rities, provided the taxation does not violate the 
rule prescribed by the act of 1864. 

It is not intended here to enter again into the 
argument by which this distinction is maintained, 
but to give a clear statement of the propositions 
that we have decided, that we may apply them 
to the case before us. 

If, then, the tax for which the State of Ken- 
tucky recovered judgment in this case is a tax 
upon the shares of the stock of the bank, and is 
not a tax upon the capital of the bank owned by 
the corporation, the first, second, and third 
grounds of defence must fail. 

There are, then, but two questions to be con- 
Bidered in the case before us : 

1. Does the law of Kentucky, under which 
this tax is claimed, impose a tax upon the shares 
of the bank, or upon the capital of the bank, 
which is all invested in Government bonds? 

2. If it is found to be a tax on the shares, can 
the bank be compelled to pay the tax thus levied 
on the shares by the State? 

The revenue law of Kentucky imposes a tax 
"on bank stock, or stock in any moneyed corpo- 
ration of loan and discount, of fifty cents on each 
share thereof, equal to one hundred dollars of 
Btock therein, owned by individuals, corpora- 
tions, or societies." 

We entertain no doubt that this provision was 
intended to tax the shares of the stockholders, 
and that if no other provision had been made 
the amount of the tax would have been prima- 
rily collectible of the individual or corporation 
owning such shares, in the same manner that 
other taxes are collected from individuals. It is 
clear that it is the shares owned or held by indi- 
viduals in the banking corporation which are to 
be taxed, and the measure of the tax is fifty 
cents per share of one hundred dollars. These 
shares may, in the market, be worth a great deal 
more or a great deal less than their par or nomi- 
nal value, as its capital may have been increased 
or diminished by gains or losses, but the tax is 
the same in each case. This shows that it is the 
share which is intended to be taxed, and not the 
cash or other actual capital of the bank. 

It is said that there may be, or that there 
really are, banks in Kentucky whose stock is not 
divided into shares of $100 each, but into shares 
of $50 or other amounts, and that this shoAvs 
that the legislature did not intend a tax of fifty 
cents on the share, but a tax on the capital. 

But the argument is of little weiglit. What 
the legislature intended to say was, tliat we im- 
pose a tax on the shares held by individuals or 
other corporations in banks in this State. The 
tax shall be at the rate of filly cents per sliare 
of stock equal to $100. If the shares are only 
equal to $50, it will be twenly-five cents on ea.ch 
of such shares. If they are equal to $500, it will 
be $2 50 per share. The rate is regulated so as 
to be equal to fifty cents on eacli sliare of $100. 

But it is strongly urged that it is to be deemed 
a tax on the capital of the bank, because the law 
requires the ofiicers of the bank to pay this tax 
on the shares of its stockholders. 

Wliether the State has the right to do this we 
will presently consider; but the fact that it has 
attempted to do it does not prove that the tax is 



anything else than a tax on these shares. It 
has been the practice of many of the States for a 
long time to require of its corporations thus to 
pay the tax levied on their shareholders. It is 
the common, if not the only, mode of doing this 
in all the New England States, and in several of 
them the portion of this tax which should prop- 
erly go as the shareholders' contribution to local 
or municipal taxation is thus collected by the 
State of the bank and paid over to the local mu- 
nicipal authorities. 

In the case of shareholders not residing in the 
State, it is the only mode in which the State can 
reach their shares for taxation. 

We are therefore of opinion that the law of 
Kentucky is a tax upon the share of the stock- 
holder. 

If the State cannot require of the bank to pay 
the tax on the shares of its stock it must be be- 
cause the Constitution of the United States or 
some act of Congress forbids it. There is cer- 
tainly no express provision of the Constitution 
on the subject. But it is argued that the banks, 
being instrumentalities of the federal Govern- 
ment, by which some of its important operations 
are conducted, cannot be subjected to such State 
legislation. 

It IS certainly true that the bank of the United 
States and its capital were held to be exempt 
from State taxation on the ground here stated, 
and this principle, laid down in the case of Mc- 
Culloch vs. The State of Maryland, has been re- 
peatedly reaflSrmed by the court. But the doc- 
trine has its foundation in the proposition that 
the right of taxation may be so used in such 
cases as to destroy the instrumentalities by 
which the Government proposes to effect its law- 
ful purposes in the States, and it certainly can- 
not be maintained that banks or other corpora- 
tions or instrumentalities of the Government are 
to be wholly withdrawn from the operation of 
State legislation. The most important agents of 
the federal Government are its officers, but no 
one Mrill contend that when a man becomes an 
officer of the Government he ceases to be subject 
to the laws of the State. The principle we are 
discussing has its limitation, a limitation grow- 
ing out of the necessity on which the principle 
itself is founded. 

That limitation is, that the agencies of the 
federal Government are only exempted from 
State legislation so far as that legislation may 
interfere with or impair their efficiency in per- 
forming the functions by which they are de- 
signed to serve that Government. 

Any other rule would convert a principle 
founded alone in the necessity of securing to the 
Government of the United States the means of 
exercising its legitimate powers into an unau- 
thorized and unjustifiable invasion of the rights 
of tlie States. The salaiy of a federal officer may 
not be taxed ; he may be exempted from any 
personal service which interferes with the dis- 
charge of his official duties, because those exemp- 
tions are essential to enable him to perfoim 
those duties. But he is subject to all the laws 
of the State which affect his family or social re- 
lations or his property, and he is liable to pun- 
ishment for crime, though that punishment be 
imprisonment or death. 



532 



POLITICAL MANUAL. 



So of the banks. They are subject to the laws 
of the State, and are governed in their daily- 
course of business far more by the laws of the 
State than of the nation. All their contracts 
are governed and construed by State laws. Their 
acquisition and transfer of property, their right 
to collect their debts, and their liability to be 
sued for debts, are all based on State law. It is 
only when the Slate law incapacitates the banks 
from discharging their duties to the Government 
that it becomes unconstitutional. 

We do not see the remotest probability of this 
in their being required to pay the tax which 
their stockholders owe to the State for the shares 
of their capital stock, when the law of the fede- 
ral Government authorizes the tax. 

If the State of Kentucky had a claim against 
a stockholder of the bank who was a non-resi- 
dent of the State it could undoubtedly collect 
the claim by legal proceeding, in which the bank 
could be attached or garnished, and made to pay 
the debt out of the means of its shareholder 
under its control. This is, in effect, what the 
law of Kentucky does in regard to the tax of 
the State on the bank shares. It is no greater 
interference with the functions of the bank than 
any other legal proceeding to which its business 
operations may subject it, and it in no manner 
hinders it from ])erfoiming all the duties of finan- 
cial agent of the Government. 

A very nice criticism of the proviso to the 
forty-first section of the national-bank act, 
which permits the States to tax the shares of 
such banks, is made to us, to show that the tax 
must be collected of the shareholder directly, and 
that the mode we have been considering is by 
implication forbidden. But we are of opinion 
that while Congress intended to limit State tax- 
ation to the shares of the bank as distinguished 
from its capital, and to provide against a dis- 



crimination in taxing such bank shares unfav- 
orable to them, as compared with the shares 
of other corporations and with other moneyed 
capital, it did not intend to prescribe to the 
States the mode in which the tax should be col- 
lected. 

The mode under consideration is the one which 
Congress itself has adopted in collecting its tax 
on dividends and on the income arising from 
bonds of corporations. It is the only mode 
which, certainly and without loss, secures the 
payment of the tax on all the shares, resident or 
non-resident, and, as we have already stated, it 
is the mode which experience has justified in the 
New England States as the most convenient and 
proper in regard to the numerous wealthy corpo- 
rations of those States. It is not to be readily 
inferred, therefore, that Congress intended to 
prohibit this mode of collecting a tax which they 
expressly permitted the States to levy. 

It is said here in argument that the tax is void, 
because it is greater than the tax laid by the 
State of Kentucky on other moneyed capital in 
that State. 

This proposition is not raised among the very 
distinct and separate grounds of defence set up 
by the bank in the pleading. Nor is there any 
reason to suppose that it was ever called to the 
attention of the court of appeals, whose judgment 
we are reviewing. 

We have so often of lato decided that when a 
case is brought before us by writ of error to a 
State court that we can only consider such alleged 
errors as are involved in the record and actually 
received the consideration of the State court, 
that it is only necessary to state the proposition 
now. As the question thus sought to be raised 
here was not raised in the court of appeals of 
Kentucky, we cannot consider it. 

The judgment of that court is affirmed. 



LII. 



PRESIDENT GRANT'S 

FIRST ANNUAL AND SPECIAL MESSAGES AND PROCLAMATION. 



President Grant's First Annual Message, 

December G, 18G9. 
To the Senate and House of Representatives: 

In coming before you for the hrsttirneas Chief 
Magistrate of this great nation, it is with grati- 
tude to the Giver of all good for the many bene- 
fits we enjoy : we are blessed wich peace at home, 
and are without entangling alliances abroad to 
forebode trouble ; with a territory unsurpassed 
in fertility, of an area equal to the abundant sup- 
port of five hundred millions of people, and 
abounding in every variety of useful mineral in 
quantity sufficient to supply the world for gene- 
rations; with exuberant crops; with a variety of 
climate adapted to the production of every spe- 
cies of earth's riches, and suited to the habits, 
tastes, and requirements of every living thing; 
with a population of forty millions of free people, 
all speaking one language; with facilities for 
every mortal to acquire an education; with insti- 
tutions closing to none the avenues to fame or 
any blessing of fortune that may be coveted; 
with freedom of the pulpit, the jiress, and the 
school; with a revenue flowing into the national 
treasury beyond the requirements of the Govern- 
ment. Happily, harmony is being rapidly restored 
within our own borders. Manufactures hitherto 
unknown in our country are springing up in all 
sections, producing a degree of national independ- 
ence unequaled by that of any other power. 

These blessings and countless others are in- 
trusted to your care and mine for safe-keeping, 
for the brief period of our tenure of office. In a 
short time we must, each of us, return to the ranks 
of the people who have conferred upon us our 
honors, and account to them for our stewardship. 
I earnestly desire that neither you nor I may be 
condemned by a free and enlightened constitu- 
ency, nor by our own consciences. 

Emerging from a rebellion of gigantic magni- 
tude, aided as it was by the sympathies and as- 
sistance of nations with which we were at peace, 
eleven States of tlie Union were four years at'O 
left without legal State governments. A national 
debt had been contracted ; American commerce 
was almost driven from the seas; the industry of 
one-half of the country had been t»ken from the 
control of the capitalist and placed where all 
labor rightfully belongs — in the keeping of the 
laborer. The work of restoring State govern- 
ments loyal to the Union, of protecting and fos- 
tering free labor, and providing means for paying 
the interest on the public debt, has received am- 
ple attention from Congress. Although your 
efforts have not met with the success in all partic- 
ulars that might have been desired, yet, on the 



whole, they have been more successful than could 
have been reasonably anticipated. 

Seven States which passed ordinances of seces- 
sion have been fully restored to their places in 
the Union. The eighth, Georgia, held an elec- 
tion at which she ratitied her constitution, repub- 
lican in form, elected a governor, members of 
Congress, a State legislature, and all other officers 
required. The governor was duly installed and 
the legislature met and performed all the acts 
then required of them by the reconstruction acts 
of Congress. Subsequently, however, in viola- 
tion of the constitution which they had just rati- 
fied, (as since decided by the supreme court of 
the State,) they unseated the colored members of 
the legislature and admitted to seats some mem- 
bers who are disqualified by the third clause of 
the XlVth amendment to the Constitution, an 
article which they themselves had contributed to 
ratify. Under these circumstances, I would sub- 
mit to you whether it would not be wise, without 
delay, to enact a law authorizing the governor 
of Georgia to convene the members originallv 
elected to the legislature, requiring each membe'i 
to take the oath prescribed by the reconstruction 
acts, and none to be admitted who are ineligible 
under the third clause of the XI Vth amendrnent. 

The freedmen, under the protection which they 
have received, are making rapid progress in learn- 
ing, and no complaints are heard of lack of in- 
dustry on Uieir part where they receive fair re- 
muneration for their labor. The means provided 
for paying the interest on the public debt, with 
all other expenses of government, are more than 
ample. The loss of our commerce is the only 
result of the late rebellion which has not received 
sufficient attention from you. To this subject I 
call your earnest attention. I will not now sug- 
gest plans by which this object may be effected, 
but will, if necessary, make' it the subject of a 
special message during the session of Congress. 

At the March term, Congress by joint resolu- 
tion authorized the Executive to order elections 
in the States of Virginia, Mississippi, and Texas, 
to submit to them the constitutions which each 
had previously, in convention, framed, and sub- 
mit the constitutions, either entire or in separate 
parts, to be voted upon at the discretion of the 
Executive. Under this authority elections were 
called. In Virginia the election took place on 
the 6th of July, 1869. The governor and lieu- 
tenant governor elected have been installed. 
The legislature met and did all required by this 
resolution and by all the reconstruction acts of 
Congress, and abstained from all doubtful author- 
ity. I recommend that her senators and repre- 
sentatives be promptly admitted to their seats, 

533 



534 



POLITICAL MANUAL. 



and that the State be fully restored to its place 
in the family of States. Elections were called 
in Mississippi and Texas, to commence on the 
30th of November, 1869, and to last two days in 
Mississippi and four days in Texas. The elections 
have taken place, but the result is not known. 
It is to be hoped that the acts of the legislatures 
of these States when they meet will be such as 
to receive your approval and thus close the work 
of reconstruction. 

Among the evils growing out of the rebellion, 
and not yet referred to, is that of an irredeema- 
ble currency. It is an evil which I hope will 
receive your most earnest attention. It is a 
duty, and one of the highest duties, of govern- 
ment to secure to the citizen a medium of ex- 
change of fixed, unvarying value. This implies 
a return to a specie basis, and no substitute for 
it can be devised. It should be commenced now 
and reached at the earliest practicable moment 
consistent with a fair regard to the interests of 
the debtor class. Immediate resumption, if 
practicable, would not be desirable. It would 
compel the debtor class to pay, beyond their 
contracts, the premium on gold at the date of 
their purchase, and would bring bankruptcy 
and ruin to thousands. Fluctuation, however, 
in the paper value of the measure of all values 
(gold) is detrimental to the interests of trade, 
it makes the man of business an involuntary 
gambler, for, in all sales where future payment 
is to be made, both parties speculate as to what 
will be the value of the currency to be paid and 
received. I earnestly recommend to you, then, 
such legislation as will insure a gradual return 
to specie payments and put an immediate stop 
to fluctuations in the value of currency. 

The methods to secure the former of these re- 
sults are as numerous as are the speculators on 
political economy. To secure the latter I see 
but one way, and that is, to authorize the 
treasury to redeem its own paper, at a fixed 
price, whenever presented, and to withhold from 
circulation all currency so redeemed until sold 
again for gold. 

The vast resources of the nation, both devel- 
oped and undeveloped, ought to make our credit 
the best on earth. With a less burden of taxa- 
tion than the citizen has endured for six years 
past, the entire public debt could be paid in ten 
years. But it is not desirable that the people 
should be taxed to pay it in that time. Year 
by year the ability to pay increases in a rapid 
ratio. But the burden of interest ought to be 
reduced as rapidly as can be done without the 
violation of contract. The public debt is repre- 
sented in great part by bonds, having from five 
to twenty and I'rom ten to forty years to run, 
bearing interest at the rate of six per cent, and 
five per cent., respectively. It is optional with 
the Government to jiay these bonds at any pe- 
riod after the expiration of the least time men- 
tioned u[ion their face. The time has alread)'' 
expired when a great part of them may be taken 
up, and is rapidly apjiroaching when all may 
be. It is believed that all which are now due 
may be replaced by bonds bearing a rate of in- 
terest not exceeding four-and-a-lialf per cent., 
and as rapidly as the remainder become due 
that they may be replaced in the same way. To 



accomplish this it may oe necessary to authorize 
the interest to be paid at either of three or four 
of the money-centers of Europe, or by any assist- 
ant treasurer of the United States, at the option 
of the holder of the bond. I suggest this subject 
for the consideration of Congress, and also, simul- 
taneously with this, the propriety of redeeming 
our currency, as before suggested, at its market 
value at the time the law goes into effect, in- 
creasing the rate at which currency shall be 
bought and sold from day to day or week to week, 
at the same rate of interest as Government pay3 
upon its bonds. 

The subjects of tariff and internal taxation will 
necessarily receive your attention. The reve- 
nues of the country are greater than the require- 
ments, and may with safety be reduced. But, 
as the funding of the debt in a four or a four-and 
a-half per cent, loan would reduce annual cur- 
rent expenses largely, thus, after funding, justi- 
fying a greater reduction of taxation than would 
be now expedient, I suggest postponement of this 
question until the next meeting of Congress. 

It may be advisable to modify taxation and 
tariff in instances where unjust or burdensome . 
discriminations are made by the present laws ; 
but a general revision of the laws regulating this 
subject I recommend the postponement of for the 
present I also suggest the renewal of the tax 
on incomes, but at a reduced rate, say of three 
per cent., and this tax to expire in three years. 

With the funding of the national debt, as here 
suggested, I feel safe in saying that taxes and 
the revenue from imports may be reduced safely 
from sixty to eighty millions per annum at once, 
and may be still further reduced from year to 
year, as the resources of the country are devel- 
oped. 

The report of the Secretary of the Treasury 
shows the receipts of the Government for the 
fiscal year ending June 30, 1869, to be $370,943,- 
747, and the expenditures, including interest, 
bounties, &c., to be $321,490,597. The estimates 
for the ensuing year are more favorable to the 
Government, and will no doubt show a much 
larger decrease of the public debt. 

The receipts in the Treasury, beyond expendi- 
tures, have exceeded the amount necessary to 
place to the credit of the sinking fund as pro- 
vided by law. To lock up the surplus in the 
Treasury and withhold it from circulation would 
lead to such a contraction of the currency as to 
cripple trade and seriously afi'ect the prosperity 
of the country. Under these circumstances the 
Secretary of the Treasury and myself heartily 
concurred in the propriety of using all the sur- 
plus currency in the Treasury in the purchase of 
government bonds, thus reducing the interest- 
bearing indebtedness of the country, and of sub- 
mitting to Congress the question of the disposi- 
tion to be made of the bonds so purchased. The 
bonds now held by the Treasury amount to about 
seventy-five millions, including those belonging 
to the sinking fund. I recommend tliat the whole 
be placed to the credit of the finking fund. 

Your attention is respectfully invited to the 
recommendations of the Secretary of the Treas- 
ury for the creation of the ofiice of commissioner 
of customs revenue, for the increase of salaries 
to certain classes of ofiBcials, the substitution of 



MESSAGES AND PROCLAMATION. 



535 



increased national bank circulation to replace 
to outstanding three per cent, certificates, and 
most especially to his recommendation for the 
repeal of laws allowing shares of fines, penalties, 
forfeitures, &c., to officers of the Government or 
to informers. 

The office of Commissioner of Internal Reve- 
nue is one of the most arduous and responsible 
under the Government. It falls but little, if 
any, short of a cabinet position in its import- 
ance and responsibilities. I would ask for it, 
therefore, such legislation as in j^our judgment 
will place the oflice upon a footing of dignity 
commensurate with its importance, and with the 
character and qualifications of the class of men 
required to fill it properly. 

As the United States is the freest of all nations, 
so, too, its people sympathize with all peoples 
Btruggling for liberty and self-government. But, 
while so sympathizing, it is due to our honor 
that we should abstain from enforcing our views 
upon unwilling nations, and from taking an in- 
terested part, without invitation, in the quarrels 
between different nations or between govern- 
ments and their subjects. Our course should 
always be in conformity with strict justice and 
law, international and local. Such has been 
the policy of the administration in dealing with 
these questions. For more than a year a valua- 
ble province of Spain, and a near neighbor of 
ours, in whom all our people cannot but feel a 
deep interest, has been struggling for indepen- 
dence and freedom. The people and Govern- 
ment of the United States entertain the same 
warm feelings and sympathies for the people of 
Cuba, in their pending struggle, that they mani- 
fested throughout the previous struggles between 
Spain and her former colonies in behalf of the 
latter. But the contest has at no time assumed 
the conditions which amount to a war in the 
sense of international law, or which would show 
the existence of a de facto political organization 
of the insurgents sufficient to justify a recogni- 
tion of belligerency. 

The principle is maintained, however, that 
this nation is its own judge when to accord the 
rights of belligerency, either to a people strug- 
gling to free themselves from a government they 
believe to be oppressive or to independent nations 
at war with each other. 

The United States have no disposition to in- 
terfere with the existing relations of Spain to 
her colonial possessions on this continent. They 
believe that in due time Spain and other 
European powers will find their interest in ter- 
minating those relations, and establishing their 
present dependencies as independent powers — 
members of the family of nations. These de- 
pendencies are no longer regarded as subject to 
transfer from one European power to another. 
When the present relation of colonies ceases they 
are to become independent powers, exercising 
the right of choice and of self-control in the de- 
termination of their future condition and rela- 
tions with other powers. 

The United States, in order to put a stop to 
bloodshed in Cuba, and in the interest of a neigh- 
boring people, proposed their good oiSces to bring 
the existing eontes* to a termination. The offer, 
not being accepted by Spain on a basis which we 



believed could be received by Cuba, was with- 
drawn. It is hoped that the good offices of the 
United States may yet prove advantageous for 
the settlement of this unhappy strife. Meanwhile 
a number of illegal expeditions against Cuba have 
been broken up. It has been the endeavor of the 
administration to execute the neutrality laws in 
good faith, no matter how unpleasant the task, 
made so by the sufferings we have endured from 
lack of like good faith toward us by other nations. 

On tlie 26th of March last the United States 
schooner Lizzie Major was arrested on the high 
seas by a Spanish frigate, and two passengers 
taken from it and carried as prisoners to Cuba. 
Representations of these facts were made to the 
Spanish government as soon as official informa- 
tion of them reached Washington. The two pas- 
sengers were set at liberty, and the Spanish gov- 
ernment assured the United States that the cap- 
tain of the frigate in making the capture had 
acted without law, that he had been reprimanded 
for the irregularity of his conduct, and that the 
Spanish authorities in Cuba would not sanction 
any act that could violate the rights or treat with 
disrespect the sovereignty of this nation. 

The question of the seizure of the brig Mary 
Lowell at one of the Bahama Islands, by Sjian- 
ish authorities, is now the subject of correspond- 
ence between this Government and those of Spain 
and Great Britain. 

The captain general of Cuba, about May last, 
issued a proclamation authorizing search to be 
made of vessels on the high seas. Immediate 
remonstrance was made against this, whereupon 
the captain general issued a new proclamation 
limiting the right of search to vessels of the 
United States so far as authorized under the 
treaty of 1795. This proclamation, however, 
was immediately withdrawn. 

I have always felt that the most intimate rela- 
tions should be cultivated between the republic 
of the United States and all independent nations 
on this continent. It may be well worth con- 
sidering whether new treaties between us and 
themmay not be profitably entered into, to secure 
more intimate relations, friendly, commercial, and 
otherwise. 

The subject of an inter-oceanic canal to connect 
the Atlantic and Pacific oceans, through the Isth- 
mus of Darien, is one in which commerce is greatly 
interested. Instructions have been given to our 
minister to the republic of the United States of 
Colombia to endeavor to obtain authority for a 
survey by this Government, in order to determine 
the practicability of such an undertaking, and a 
charter for the right of way to build, by private 
enterprise, such a work, if the survey proves it 
to be practicable. 

In Older to comply with the agreement of the 
United States as to a mixed commission at Lima 
for the adjustment of claims, it became necessary 
to send a commissioner and secretary to Lima in 
August last. No appropriation having been made- 
by Congress for this purpose, it is now ayked that. 
one be made covering the past and future ex- 
penses of the commission. 

The good offices of the United States to bring 
about a peace between Spain and the South 
American republics, with which she is at war, 
having been accepted by Spain, Peru, and Chili, 



636 



POLITICAL MANUAL. 



a congress has been invited to be held in Wash- 
ington during the present winter. 

A grant has been given to Europeans of an 
exclusive right of transit over the territory of 
Nicaragua, to which Costa Rica has given its 
assent, which, it is alleged, conflicts with vested 
rights of citizens of the United States. The De- 
partment of State has now this subject under 
consideration. 

The minister of Peru having made representa- 
tions that there was a state of war between Peru 
and Spain, and that Spain was constructing, in 
and near New York, thirty gunboats, which 
might be used by Spain in such a way as to re- 
lieve the naval force at Cuba, so as to operate 
against Peru, orders were given to prevent their 
departure. No further steps having been taken 
by the representative of the Peruvian govern- 
ment to prevent the departure of these vessels, 
and I not feeling authorized to detain the prop- 
erty of a nation with which we are at peace on 
a mere executive order, the matter has been re- 
ferred to the courts to decide. 

The conduct of the war between the allies and 
the republic of Paraguay has made the inter- 
course with that country so difficult that it has 
been deemed advisable to withdraw our repre- 
eentative from there. 

Toward the close of the last administration a 
convention was signed at London for the settle- 
ment of all outstanding claims between Great 
Britain and the United States, which failed to 
receive the advice and consent of the Senate to 
its ratification. The time and the circumstances 
attending the negotiation of that treaty were 
unfavorable to its acceptance by the people of 
the United States, and its provisions were wholly 
inadequate for the settlement of the grave wrongs 
that had been sustained by this Government as 
well as by its citizens. The injuries resulting to 
the United States by reason of the course adopted 
by Great Britain during our late civil war, in the 
increased rates of insurance, in the diminution 
of exports and imports, and other obstructions to 
domestic industry and production, in its effect 
upon the foreign commerce of the country, in 
the decrease and transfer to Great Britain of our 
commercial marine, in the prolongation of the 
war and the increased cost (both in treasure and 
in lives) of its suppres.^ion, could not be adjusted 
and satisfied as ordinary commercial claims, 
which continually arise between commercial na- 
tions. And yet the convention treated them 
simply as such ordinary claims, from which they 
differ more widely in the gravity of their char- 
acter than in the magnitude of their amount, 
great even as is that dilTerence. Not a word was 
found in the treaty, and not an inference could 
be drawn from it, to remove the sense of the un- 
friendliness of the course of Great Britain in our 
struggle for existence, which had so deeply and 
universally impressed itself upon the peoj>le of 
this country. 

Believing that a convention thus misconceived 
in its scope and inadequate in its provisions would 
not have produced tlie hearty, cordial Bettiement 
of pending questions, which alone is consistent 
with the relations which 1 desire to have firmly 
established between the United States and Great 
Britian, I regarded the action of the Senate, -in 



rejecting the treaty, to have been wisely taken 
in the interest of peace, and as a necessary step 
in the direction of a perfect and cordial friend- 
ship between the two countries. A sensitive 
people, conscious of their power, are more at ease 
under a great wrong, wholly unatoned, than 
under the restraint of a settlement which satis- 
fies neither their ideas of justice nor their grave 
sense of the grievance they have sustained. The 
rejection of the treaty was followed by a state of 
public feeling, on both sides, which I thought 
not favorable to an immediate attempt at re- 
newed negotiations. I accordingly so instructed 
the minister of the United States to Great Britain, 
and found that my vie\7r. in this regard were 
shared by her majesty's ministers. I hope that 
the time may soon arrive when the two govern- 
ments can approach the solution of this momen- 
tous question with an appreciation of what is 
due to the rights, dignity, and honor of each, 
and with the determination not only to remove 
the causes of complaint in the past, but to lay 
the foundation of a broad principle of public 
law, which will prevent future differences and 
tend to firm and continued peace and friendship. 

This is now the only grave question which the 
United States has with any foreign nation. 

The question of renewing a treaty for recip- 
rocal trade between the United States and the 
British provinces on this continent has not been 
favorably considered by tlie administration. The 
advantages of such a treaty would be wholly in 
favor of the British producer. Except, possibly, 
a few engaged in the trade between the two sec- 
tions, no citizen of the United States would be 
benefited by reciprocity. Our internal taxation 
would prove a protection to the British producer, 
almost equal to the protection which our manu- 
facturers now receive from the tariff. Some 
arrangement, however, for the regulation of com- 
mercial intercourse between the United States 
and the Dominion of Canada may be desirable. 

The commission for adjusting the claims of 
the "Hudson's Bay and Puget Sound Agricultu- 
ral Company" upon the United States nas ter- 
minated its labors. The award of $650,000 has 
been made, and all rights and titles of the com- 
pany on the territory of the United States have 
been extinguished. Deeds for the property of 
the company have been delivered. An appro- 
priation by Congress to meet this sum is asked. 

The commissioners for determining the north- 
western land boundary between the United 
States and the British possessions, under the 
treaty of 1856, have completed their labors, and 
the commission has been dissolved. 

In conformity with the recommendation of 
Congress, a proposition was early made to the 
British government to abolish the mixed courts 
created under the treaty of April 7, 1862, for the 
suppression of the slave trade. The subject is 
still under negotiation. 

It having come to my knowledge that a cor- 
porate company, organized under British laws, 
proposed to land upon the shores of the United 
States and to operate there a submarine cable, 
under a concession from his majesty the empe- 
ror of the French, of an exclusive right, for 
twenty years, of telegraphic communication be- 
tween the shores of France and the United Stales, 



MESSAGES AND PROCLAMATION. 



537 



with the very objectionable feature of subjecting 
all messages conveyed thereby to the scrutiny 
and control of the French government, I caused 
the French and British legations at Washington 
to be made acquainted with the probable policy 
of Congress on this subject, as foreshadowed by 
the bill which passed the Senate in March last. 
This drew from the representatives of the com- 
pany an agreement to accept, as the basis of 
their operations, the provisions of that bill, or of 
such other enactment on the subject as might be i 
passed during the approaching session of Con- I 
gress; also, to use their influence to secure from 
the French government a modification of their 
concession, so as to permit the landing upon 
French soil of any cable belonging to any com- 
pany incorporated by the authority of the United 
States or of any State in the Union, and, on 
their part, not to oppose the establishment of 
any such cable. In consideration of this agree- ' 
ment, I directed the withdrawal of all opposition 
by the United States authorities to the landing 
of the cable, and to the working of it, until the 
meeting of Congress. I regret to say that there 
has been no modification made in the company's* 
concession, nor, so far as I can learn, have they 
attempted to secure one. Their concession ex- 
cludes the capital and the citizens of the United 
States from competition upon the shores of France. 
I recommend legislation to protect the rights of 
citizens of the United States, as well as the dig- 
nity and sovereignty of the nation, against such 
an assumption I shall also endeavor to secure 
by negotiation an abandonment of the princi- 
ple of monopolies in ocean telegraphic cables. 
Copies of this 'correspondence are herewith fur- 
nished. 

The unsettled political condition of other coun- 
tries, less fortunate than our own, sometimes in- 
duces their citizens to come to the United States 
for the sole purpose of becoming naturalized. 
Having secured this, they return to their native, 
country and reside there, without disclosing their 
change of allegiance. They accept official posi- 
tions of trust or honor, which can only be held 
by citizens of their native land; they journey 
under passports describing them as such citizens; 
and it is only when civil discord, after perhaps 
years of quiet, threatens their persons or their 
property, or when their native State drafts them 
into its military service, that the fact of their 
change of allegiance is made known. They reside 
permanently away from the United States, they 
contribute nothing to its revenues, thej^ avoid the 
duties of its citizenship, and they only make 
themselves known by a claim of protection. I 
have directed the diplomatic and consular officers 
of the United States to scrutinize carefully all 
such claims for protection. The citizen of the 
United States, whether native or adopted, who 
discharges his duty to his country, is entitled to 
its complete protection. While I have a voice in 
the direction of afl'airs, I shall not consent to im- 
peril this sacred right by conferring it upon ficti- 
tious or fraudulent claimants. 

On the accession of the present administration 
it was found that tJ:ie minister for North Germany 
had made propositions for the negotiation of a 
convention for the protection of emigrant passen- 



gers, to which no response had been given. It 
was concluded that, to be effectual, all the mari- 
time powers engaged in the trade should join in 
such a measure. Invitations have been extended 
to the cabinets of London, Paris, Florence, Ber- 
lin, Brussels, The Hague, Copenhagen, and Stock- 
holm, to empower their representatives at Wash- 
ington to simultaneously enter into negotiations, 
and to conclude with the United States conven- 
tions identical in form, making uniform regula- 
tions as to the construction of the parts of vessels 
to be devoted to the use of emigrant passengers, 
as to the quality and quantity of food, as to the 
medical treatment of the sick, and as to the rules 
to be observed during the voyage, in order to 
secure ventilation, to promote health, to prevent 
intrusion, and to protect the females, and provid- 
ing for the establishment of tribunals in the sev- 
eral countries for enforcing such regulations by 
summary process. 

Your attention is respectfully called to thelaw 
regulating the tariff on Russian hemp, and to the 
question whether, to fix the charges on Russian 
hemp higher than they are fixed upon Manilla, is 
not a violation of our treaty with Russia, placing 
her products upon the same footing with those of 
the most favored nations. 

Our manufactures are increasing v;ith wonder- 
ful rajiidity under the encouragement which they 
now receive. With the improvements in ma- 
chinery already effected and still increasing, 
causing machinery to take the place of skilled 
labor to a large extent, our imports of many arti- 
cles must fall off largely within a very few years. 
Fortunately, too, manufactures are not confined 
to a few localities, as formerly, and it is to be 
hoped will become more and more diffused, mak- 
ing the interest in them equal in all sections. 
They give employment and support to hundreds 
of thousands of people at home, and retain with 
us the means which otherwise would be shipped 
abroad. The extension of railroads in Europe 
and the East is bringing into competition with 
our agricultural products like products of other 
countries. Self-interest, if not self-preservation, 
therefore, dictates caution against disturbing any 
industrial interest of the country. It teaches 
us also the necessity of looking to other markets 
for the sale of our surplus. Our neighbors south 
of us, and China and Japan, should receive our 
special attention. It will be the endeavor of the 
administration to cultivate such relations with 
all these nations as to entitle us to their confi- 
dence, and make it their interest as well a.s ours 
to establish better commercial relations. 

Through the agency of a more enlightened 
policy than that heretofore pursued toward China, 
largely due to the sagacity and efforts of one of 
our own distinguished citizens, the world is about 
to commence largely-increased relations with 
that populous and hitherto exclusive nation. As 
the United States have been the initiators in this 
new policy, so they should be the most earnest 
in showing their good faith in making it a suc- 
cess. In tliis connection I advise such legi.'<iation 
as will forever preclude the enslavement of the 
Chinese upon our soil under the name of coolies, 
! and also prevent American vessels from engag- 
I ing in the transportation of coolies to any coun- 



538 



POLITICAL MANUAL. 



try tolerating the system. I also recommend 
that the mission to China be raised to one of the 
first class. 

On my assuming the responsible duties of Chief 
Magistrate of the United States, it was with the 
conviction that three things were essential to its 
peace, pro.<perity, and fullest development. First 
among these is strict integrity in fulfilling all 
our obligations. Second, to secure prote»tion to 
the person and property of the citizen of the 
United States in eacti and every portion of our 
common country, wherever he may choose to 
move, without reference to original nationality, 
religion, color, or polities, demanding of him only 
obedience to the laws and proper respect for the 
rights of others. Third, union of all the States — 
with equal rights — indestructible by any consti- 
tutional means. 

To secure the first of these. Congress has taken 
two essential steps: first, in declaring, by joint 
resolution, that the public debt shall be paid, 
principal and interest, in coin; and, second, by 
providing the means for paying. Providing the 
means, however, could not secure the object de- 
sired, witliout a proper administration of the 
laws for the collection of the revenues, and an 
economical disbursement of them. To this sub- 
ject the administration has most earnestly ad- 
dressed itself, with results, I hope, satisfactory 
to the country. There has been no hesitation in 
changing officials in order to secure an efhcient 
execution of the laws, sometimes, too, when, in a 
mere jiarty view, undesirable political results 
were likely to follow ; nor any hesitation in sus- 
taining efficient officials, against remonstrances 
wholl}' political. 

It may be well to mention here the embarrass- 
ment possible to arise from leaving on the statute- 
books the so-called " tenure-of-office acts," and 
to earnestly recommend their total repeal. It 
could not have been the intention of the fi-amers 
of the Constitution, when providing that appoint- 
ments made by the President should receive the 
consent of the Senate, that the latter should have 
the power to retain in office persons placed there, 
by federal appointment, against the will of the 
President. The law is inconsistent with a faith- 
ful and efficient administration of the govern- 
ment. What faith can an executive put in offi- 
cials forced upon him, and those, too, whom he 
has suspended for reason? How will such offi- 
cials be likely to serve an administration which 
they know does not trust them ? 

J'or the second requisite to our growth and 
prosperity, time and a firm but humane adminis- 
tration of existing laws (amended from time to 
time as they may prove ineffective, or prove harsh 
and unnecessary) are probably all that are re- 
quired. 

The third cannot be attained by special legis- 
lation, but must be regarded as fixed by the 
Constitution itself, and gradually acquiesced in 
by force of public opinion. 

From the foundation of the Government to 
the present, the management of the original in- 
habitants of this continent, the Indians, has been 
a subject of embarrassment and expense, and has 
been attended with continuous robberies, mur- 
ders, and wars. From my own experience upon 



the frontiers and in Indian countries, I do not 
hold either legislation, or the conduct of the 
whites who come most in contact with the In- 
dian, blameless for these hostilities. The past, 
however, cannot be undone, and the question 
must be met as we now find it. I have attempted 
a new policy toward these wards of the nation, 
(they cannot be regarded in any other light than 
as wards,) with fair results so far as tried, and 
which I hope will be attended ultimately with 

treat success. The Society of Friends is well 
nown as having succeeded in living in peace 
with the Indians, in the early settlement of 
Pennsylvania, while their white neighbors of 
other sects, in other sections, were constantly 
embroiled. They are also known for their oppo- 
sition to all strife, violence, and war, and are 
generally noted for their strict integrity and fair 
dealings. These considerations induced me to 
give the management of a few reservations of 
Indians to them, and to throw the burden of the 
selection of agents upon the Society itself. The 
result has proven most satisfactory. It will be 
found more fully set forth in the report of the 
Commissioner of Indian Affairs. For superin- 
tendents and Indian agents not on the reserva- 
tions officers of the army were selected. The 
reasons for this are numerous. Where Indian 
agents are sent, there, or near there, troops must 
be sent also. The agent and the commander of 
troops are independent of each other, and are 
subject to orders from different departments of 
the Government. The army officer holds a posi- 
tion for life ; the agent one at the will of the 
President. The former is personally interested 
in living in harmony with the Indian, and in 
establishing a permanent peace, to the end that 
some portion of his life may be spent within the 
limits of civilized society. The latter has no 
such personal interest. Another reason is an 
economic one ; and still another, the hold which 
the Government has upon a life officer to secure 
a faithful discharge of duties in carrying out a 
given policy. 

The building of railroads, and the access 
thereby given to all the agricultural and mineral 
regions of the country, is rapidly bringing civil- 
ized settlements into contact with all the tribes 
of Indians. No matter what ought to be the. 
relations between such settlements and the abo- 
rigines, the fact is they do not harmonize well, 
and one or the other has to give way in the end. 
A system which looks to the extinction of a race 
is too horrible for a nation to adopt, without 
entailing upon itself the wrath of all Christen- 
dom, and engendering in the citizen a disregard 
for human liie and the rights of others dangerous 
to society. I see no substitute for such a system, 
except in placing all the Indians on large reser- 
vations, as rapidly as it can be done, and giving 
them absolute protection there. As soon as they 
are fitted for it, they should be induced to take 
their lands in severalty, and to set up territorial 
governments for their own protection. For full 
details on this subject I call your special atten- 
tion to the reports of the Secretary of the Inte- 
rior and the Commissioner of Indian Affairs. 

The report of the Secretary of War shows the 
I expenditures of the War Department, for the 



MESSAGES AND PROCLAMATION. 



539 



year ending June 30, 18G9, to be $80,644,042, of 
wliicli $23,882,310 was disbursed iu the payment 
of debts contracted during the war, and is not 
chargeable to current army expenses. His esti- 
mate of $34,531,031 for the expenses of the army, 
for the next fiscal year, is as low as it is believed 
can be relied on. The estimates of bureau officers 
have been carefully scrutinized, and reduced 
wherever it has heen deemed practicable. If, 
however, the condition of the country should be 
such, by the beginning of the next fiscal year, as 
to admit of a greater concentration of troops, 
the appropriation asked for will not be expended. 

The appropriations estimated for river and 
harbor improvements and for fortifications are 
submitted separately. Whatever amount Con- 
gress may deem proper to appropriate for these 
purposes will be expended. 

The recommendation of the General of the 
Army that appropriations be made for the forts 
at Boston, Portland, New York, Philadelphia, 
New Orleans, and San Francisco, if for no other, 
is concurred in. I also ask your special attention 
to the recommendation of the general command- 
ing the military division of the Pacific for the 
sale of the seal islands of St. Paul and St. George, 
Alaska Territory, and suggest that it either be 
complied with, or that legislation be had for the 
protection of the seal fisheries, from which a rev- 
enue should be derived. 

The report of the Secretary of War contains a 
synopsis of the reports of the heads of bureaus, of 
the commanders of military divisions, and of the 
districts of Virginia, Mississippi, and Texas, and 
the report of the General of the Army in full. 
The recommendations therein contained have 
been well considered, and are submitted for your 
action. I, however, call special attention to the 
recommendation of the Chief of Ordnance for the 
sale of arsenals and lands no longer of use to the 
Government; also, to the recoramen<lation of the 
Secretary of War that the act of 3d March, 18H9, 
prohibiting promotions and appointments in the 
staif corps of the army, be repealed The extent 
of country to be garrisoned, and the number of 
military posts to be occupieil, is the same with a 
reduced army as with a large one. The number 
of staff officers required is more dependent upon 
the latter than the former condition. 

The report of the Secretary of the Navy, accom- 
panying this, shows the condition of the navy 
when this administration came into office, and 
the changes made since. Strenuous efforts have 
been made to place as many vessels "in commis- 
sion," or render them fit for service, if required, 
as possible, and to substitute the sail for steam 
while cruising, thus materially reducing the ex- 
penses of the navy and adding greatly to its 
efficiency. Looking to our future, I recommend 
a liberal though not extravagant policy toward 
this branch of the public service 

The report of the Postmaster General furnishes 
a clear and comprehensive exhibit of the opera- 
tions of tlie postal service, and of the financial 
condition of the Post Office Department. The or- 
dinarv postal revenues for the year ending the 
30th of June, 1869, amounted to $"18,344,510, and 
the expenditures to $23,698,131, showing an ex- 
cess of expenditures over receipts of $5,353,620. 
The excess of expenditures over receipts for the 



previous year amounted to $6,437,992. The in- 
crease of revenues for 1869 over those of 1868 
was $2,051,909, and the increase of expenditures 
was $907,538. The increased revenue in 1869 
exceeded the increased revenue in 1868 by $996,- 
336: and the increased expenditure in 1869 was 
$2,527,570 less than the increased expenditure in 
1868, showing by comparison this gratifying fea- 
ture of improvement, that while the increase of 
expenditures over the increase of receipts in 1868 
was $2,439,535, the increase of receipts over the 
increase of expenditures in 1869 was $1,084,371, 

Your attention is repectfully called to the re- 
commendations made by the Postmaster General 
for authority to change the rate of compensation 
to the main trunk railroad lines for their ser- 
vices in carrying the mails, for having post- 
route maps executed, for reorganizing and in- 
creasing the efficiency of the special agency 
service, for increase of the mail service on 
the Pacific, and for estaWishing mail service, 
under the flag of the Union, on the Atlan- 
tic; and most especially do I call your atten- 
tion to his recommendation for the total abo- 
lition of the franking privilege. This is an 
abuse from which no one receives a commensu- 
rate advantage ; it reduces the receipts for postal 
service from twenty-five to thirty per cent., and 
largely increases the service to Be performed. 
The method by which postage should be paid 
upon public matter is set forth fully in the report 
of the Postmaster General. 

The report of the Secretary of the Interior 
shows that the quantity of public lands disposed 
of during the year ending the 30th of June, 1869, 
was 7,666,152 acres, exceeding that of the pre- 
ceding year by 1,010,409 acres. Of this amount 
2,899,544 acres were sold for cash, and 2,737,365 
acres entered under the homestead laws. The 
remainder was granted to aid in the construction 
of works of internal improvement, approved to 
the States as swamp land, and located with war- 
rants and scrip. The cash receipts from all 
sources were $4,472,886, exceeding those of the 
preceding year $2,840,140. 

During the last fiscal year 23,196 names were 
added to the pension rolls and 4,876 dropped 
therefrom, leaving at its close 187,963. The 
amount paid to pensioners, including the com- 
pensation of disbursing agents, was $28,422,884, 
an increase of $4,411,902 on that of the previous 
j'ear. The munificence of Congress has been 
conspicuously manifested in its legislation for 
the soldiers and sailors who suffered in the 
recent struggle to maintain " that unity of gov- 
ernment which makes us one people." The ad- 
ditions to the pension rolls of each successive 
year since the conclusion of hostilities result in 
a great degree from the re[>eated amendments of 
the act of the 14th of July, 1862, which extended 
its provisions to cases not falling within its origi- 
nal scope. The large outlay which is thus occa- 
sioned is further increased by the more liberal 
allowance bestowed since that date upon those 
who, in the line of duty, were wholly or perma- 
nently disabled. Public opinion has given an 
emphatic sanction to these measures of Congress, 
and it will be conceded that no part of our pub- 
lic burden is more cheerfully borne than that 
which is imposed by this branch of the service. 



540 



POLITICAL MANUAL. 



It necessitates for the next fiscal year, in addi- 
tion to the amount justly chargeable to tho naval 
pension fund, an appropriation of $30,000,000. 

During the year ending the 30th of September, 
1869, the Patent Office issued 13,702 patents, and 
its receipts were $GS6,3S9, being $213,926 more 
than the expenditures. 

I would respectfully call your attention to the 
recommendation of the Secretary of the Interior 
for uniting the duties of supervising the educa- 
tion of freedmen with the other duties devolving 
upon tlie Commissioner of Education. 

If it is tlie desire of Congress to make the cen- 
sus which must be taken during the year 1870 
more complete and perfect than heretofore, I 
would suggest early action upon any plan that 
may be agreed upon. As Congress at the last 
session appointed a committee to take into consid- 
eration such measures as might be deemed pro- 
per in reference to the census, and report a plan, 
I desist from saying more. 

I recommend to your favorable consideration 
the claims of the Agricultural Bureau for liberal 
appropriations. In a country so diversified in 
climate and soil as ours, and with a population 
so largely dependent upon agriculture, the ben- 
^ efits that can be conferred by properly fostering 
this bureau are incalculable. 

I desire respectfully to call the attention of 
Congress to the inadequate salaries of a number 
of the most important offices of the Government. 
In this message I will not enumerate them, but 
■will specify only the justices of the Supreme 
Court. No change has been hiade in their sala- 
ries for fifteen years. Within that time the labors 
of the court have largely increased, and the ex- 
penses of living have at least doubled. During 
the same time Congress has twice found it neces- 
sary to increase largely the compensation of its 
own members; and the duty whicli it owes to 
another department of the Government deserves, 
and will undoubtedly receive, its due considera- 
tion. 

There are many subjects, not alluded to in this 
message, which might with propriety be intro- 
xiuced, but I abstain, believing that your patriot- 
ism and statesmanship will susjgest the topics 
and the legislation most conducive to the inter- 
ests of the whole people. On my part, I promise 
a rigid adherence to the laws and their strict en- 
forcement. U. S. Grant. 

Executive Mansion, 

Washington, D. C, December 6, 1869. 

SPECIAL MESSAGES. 

Eecommending early Action toward an Increase 
of tho Commerce of the United States. 

To the Senate and House of Representatives : 

In the executive message of December 6, 1869, 
to Congress, the importance of taking steps to 
revive our drooping merchant marine was urged, 
and a special message promised at a future day, 
during the present session, recommending more 
Bpecilically plans to accomplish this result. Now 
tliat tlie committee of the House of Representa- 
tives intrusted with tlie labor of ascertaining 
" the cause of the decline of American commerce" 
has completed its work and submitted its report 
to the legislative branch of the Government, 



I deem this a fitting time to execute that prom- 
ise. 

The very able, calm, and exhaustive report of 
the committee points out the grave wrongs which 
have produced the decline in our commerce. It 
is a national humiliation that we are now com- 
pelled to pay from twenty to thirty millions of 
dollars annually (exclusive of passage-money, 
which we should share with vessels of other na- 
tions) to foreigners for doing the work which 
should be done by American vessels, American- 
built, American-owned, and American-manned. 
This is a direct drain upon tlie resources of the 
country of just so much money, equal to casting 
it into the sea, so far as this nation is concerned. 

A nation of the vast and ever-increasing inte- 
rior resources of the United States, extending, 
as it does, from one to the other of the great 
oceans of the world, with an industrious, intelli- 
gent, energetic population, must one day possess 
its full share of the commerce of these oceans, no 
matter what the cost. Delay will only increase 
this cost and enhance the difficulty of attaining 
the result. I therefore put in an earnest plea 
for early action in this matter, in a way to secure 
the desired increase of American commerce. The 
advanced period of the year, and the fact that no 
contracts for ship-building will probably be en- 
tered into until this question is settled by Con- 
gress, and the further fact that, if there should 
be much delay, all large vessels contracted for 
this year will fail of completion before winter 
sets in, and will therefore be carried over for 
another year, induces me to request your early 
consideration of this subject. I regard it of such 
grave importance, affecting every interest of the 
country to so great an extent, that any method 
which will gain the end will secure a great na- 
tional blessing. Building ships and navigating 
them utilizes vast capital at home; it employs 
thousands of workmen in their construction and 
manning; it creates a home market for the pro- 
ducts of the farm and the shop; it diminishes 
the balance of trade against us precisely to the 
extent of freights and passage-money paid to 
American vessels, and gives us a supremacy upon 
the seas of inestimable value in case of foreign 
wax. 

Our navy, at the commencement of the late 
war, consisted of less than one hundred vessels, 
of about one hundred and fifty thousand tons, 
and a force of about eight thousand men. 

We drew from the merchant marine, which had 
cost the Government nothing, but which had been 
a source of national wealtii, six hundred vessels, 
exceeding one million tons, and about seventy 
thousand men to aid in the supjiression of the 
rebellion. 

This statement demonstrates the value of the 
merchant marine as a means of national defense 
in time of need. 

The committee on the causes of the reduction 
of American tonnage, after tracing the causes of 
its decline, submit two bills which, if adopted, 
they believe will restore to the nation its mari- 
time power. Their report shows with great 
minuteness the actual and comparative American 
tonnage at the time of its greatest jtrosjierity ; 
the actual and comparative decline since, together 
with the causes, and exhibits all other statistics of 



MESSAGES AND PROCLAMATIOISr. 



541 



material interest in reference to the subject. As 
the report is before Congress, I will not recapitu- 
late any of its statistics, but refer only to the 
methods recommended by the committee to give 
back to us our lost commerce. 

As a general rule, when it can be adopted, I 
believe a direct money subsidy is less liable to 
abuse than an indirect aid given to the same en- 
terprise. In this case, however, my opinion is 
that subsidies, while they may be given to speci- 
fied lines of steamers or other vessels, should not 
be exclusively adopted ; but, in addition to sub- 
sidizing very desirable lines of ocean traffic, a 
general assistance should be given in an effective 
way. I therefore commend to your favorable 
consideration the two bills proposed by the com- 
mittee and referred to in this message. 

U. S. Geant. 

Executive Mansion, March 23, 1870. 

Urging the Eatification of the Treaty with San 
Domingo- 

To tlie Senate of the United States: 

I transmit to the Senate for consideration, with 
a view to its ratification, an additional article to 
the treaty of the 29th of November last for the 
annexation of the Dominican republic to the 
United States, stipulating for an extension of 
the time for exchanging the ratifications thereof, 
signed in this city on the 14th instant, by the 
plenipotentiaries of the parties. It was my 
intention to have also negotiated with the pleni- 
potentiary of San Domingo, amendments to the 
treaty of annexation to obviate objections which 
may be urged against the treaty as it is now 
worded; but, on reflection, I deem it better to 
submit to the Senate the propriety of their 
amending tlie treaty as follows: First, to specify 
that the obligations of this Government shall not 
exceed the $1,500,000 stipulated in the treaty; 
secondly, to determine the manner of appointing 
the agents to receive and disburse the same; 
thirdly, to determine the class of creditors who 
shall take precedence in the settlement of their 
claims ; and, finally, to insert such amendments 
as may suggest themselves to the minds of Sena- 
tors to carry out in good faith the conditions of 
the treaty submitted to the Senate of the United 
•States in Januarjr last, according to the spirit 
and intent of that treaty. From the most relia- 
ble information I can obtain the sum specified 
in the treaty will pay every just claim against 
the republic of San Domingo, and leave a bal- 
ance sufficient to carry on a territorial govern- 
ment until such time as new laws for providing 
a territorial revenue can be enacted and put in 
force. 

I feel an unusual anxiety for the ratification 
of this treaty, because I believe it will redound 
greatly to the glory of the two countries inter- 
ested, to civilization, and to the extirpation of 
the institution of slavery. The doctrine promul- 

fated by President Monroe has been adhered to 
y all political parties, and I now deem it proper 
to assert the equally important principle, that 
hereafter no territory on this continent sha'U be 
regarded as subject to transfer to a European 
Power. The government of San Domingo has 
voluntarily sought this annexation. It is a 
weak power, numbering probably less than one i 



hundred and twenty mousand sonls, and yet 
possessing one of the richest territories under the 
sun, capable of supporting a population of ten 
million of people in luxury. The people of San 
Domingo are not capable of maintaining them- 
selves in their present condition, and must look 
for outside support. They yearn for the protec- 
tion of our free institutions and laws, our prog- 
ress, and civilization. Shall we refuse them? 
I have information, which I believe reliable, 
that a European power stands ready now to offer 
Si)2,000,000 for the possession of Samana bay 
alone if refused by us. With what grace can we 
prevent a foreign power from attempting to se- 
cure the prize ? 

The acquisition of San Domingo is desirable 
because of its geographical position. It commands 
the entrance to the Caribbean sea and the isthmus 
transit of commerce. It possesses the richest soil, 
best and most capacious harbors, most salubrious 
climate, and the most valuable products of the 
forest, mine, and soil, of any of the West India 
islands. Its possession by us will, in a few years, 
build up a coastwise commerce of immense mag- 
nitude, which will go far toward restoring to us 
our lost merchant marine. It will give to us those 
articles which we consume so largely and do not 
produce, thus equalizing our exports and imports. 
In case of foreign v/ar it will give us command 
of all the islands referred to, and thus prevent an 
enemy from ever again possessing himself of a 
rendezvous upon our very coast. At present our 
coast trade between the States bordering on the 
Atlantic and those bordering on the Gulf of Mex- 
ico is cut in two by the Bahamas and the Antil- 
les. Since we must, as it were, pass through for- 
eign countries to get by sea from Georgia to the 
west coast of Florida, San Domingo, with a stable 
government, under which her immense resources 
can be developed, will give remunerative wages 
to tens of thousands of laborers not now upon 
the island. This labor will take advantage of 
every available means of transportation to aban- 
don the adjacent islands and seek the blessings 
of freedom and its sequence, each inhabitant re- 
ceiving the reward of his own labor. Porto Rico 
and Cuba will have to abolish slavery as a meas- 
ure of self-preservation to retain their laborers. 
San Domingo will become a large consumer of 
the products of northern farms and manufacto- 
ries. The cheap rate at which her citizens can 
be furnished with food, tools, and machinery, will 
make it necessary that the contiguous islands 
should have the same advantages in order to com- 
pete in the production of sugar, coffee, tobacco, 
tropical fruits, &c. This wiil open to us a still 
wider market for our products. The production 
of our own supply of these articles will cut off 
more than $100,000,000 of our annual imports, 
besides largely increasing our exports. With such 
a picture it is easy to see how our large debt 
abroad is ultimately to be extinguished. With a 
balance of trade against us, including interest on 
bonds held by foreigners, and money spent by 
our citizens traveling in foreign lands equal to 
the entire yield of the precious metals in this 
country, it is not so easy to see how this result is 
to be otherwise accomplished. 

The acquisition of San Domingo is an adher- 
ence to the Monroe doctrine. It is a measure of 



542 



POLITICAL MANUAL. 



national protection ; it is asserting our just claim 
to a controlling influence over the great commer- 
cial traffic soon to flow from east to west by way 
of the Isthmus of Darien; it is to build up our 
merchant marine ; it is to furnish new markets for 
the products of our farms, shops, and manufac- 
tories; it is to make slavery insupportable in 
Cuba and Porto Rico at once, and ultimately so 
in Brazil ; it is to settle the unhappy condition of 
Cuba and end an exterminating conflict; it is to 
provide honest means of paying our honest debts 
without overtaxing the people; it is to furnish 
our citizens with the necessaries of every-day life 
at cheaper rates than ever before, and it is, in 
fine, a rapid stride toward that greatness which 
the intelligence, industry, and enterprise of the 
citizens of the United States entitle this country 
to assume among nations. U. S. Geant. 

Executive AIansion, May 31, 1870. 

Bespecting Cuban Affairs- 

To the Senate and House of Representatives: 

In my annual message to Congress at the be- 
ginning of its present session I referred to the 
contest which had then for more than a year 
existed in the island of Cuba, between a portion 
of its inhabitants and the government of Spain, 
and to the feelings and sympathies of the peofile 
and Government of the United States for the 
people of Cuba, as for all people struggling for 
liberty and self-government, and said "that the 
contest has at no time assumed the conditions 
which amount to war in the sense of international 
law, or which would show the existence of a de 
facto political organization of the insurgents 
sufficient to justify a recognition of belligerency." 
During the six months which have passed since 
the date of that message the condition of the in- 
surgents has not improved, and the insurrection 
itself, though not subdued, exhibits no signs of 
advance, but seems to be confined to an irregular 
system of hostilities, carried on by small and 
illy-armed bands of men roaming without con- 
centration through the woods and the sparsely- 
populated regions of the island, attacking from 
ambush convoys and small bands of troops, burn- 
ing plantations, and the estates of those not 
sympathizing with their cause. But, if the in- 
surrection has not gained ground, it is equally 
true that Spain has not suppressed it. Climate, 
disease, ana the occasional bullet have worked 
destruction among the soldiers of Spain, and 
although the Spanish authorities have possession 
of every seaport and every town on the island, 
they have not been able to subdue the hostile 
feeling which has driven a considerable number 
of the native inhabitants of the island to armed 
resistance against Spain, and still leads them to 
endure the dangers and privations of a roaming 
life of guerrilla warfare. 

On either side the contest has been conducted 
and is still carried on with a lamentable disre- 
gard of human life and of the usages and prac- 
tices which modern civiliza.tion has prescribed in 
mitigation of the necessary horrors of war. The 
torch of Spaniard and Cuban is alike busy in car- 
rying devastation over fertile regions ; murderous 
and revengeful decrees are issued and executed 
by both parties. Count Valmaseda and Colonel 



Boet, on the part of Spain, have each startled 
humanity and aroused the indignation of the 
civilized world by the execution, each, of a score 
of prisoners at a time, while General Quesada, 
the Cuban chief, coolly, and with apparent un- 
consciousness of aught else than a proper act, 
has admitted the slaughter by his own deliberate 
firder, in one day, of upward of six hundred and 
fifty prisoners of war. A summary trial, with 
few if any escapes from conviction, followed by 
immediate execution, is the fate of those arrested 
on either side oi> suspicion of infidelity to the 
cause of the party making the arrest. 

Whatever may be the sympathies of the peo- 
ple or of the Government of the United States for 
the cause or objects for which a part of the peo- 
ple of Cuba are understood to have put them- 
selves in armed resistance to the Government of 
Spain, there can be no just sj'mpathy in a con- 
flict carried on by both parties alike in such bar- 
barous violation of the rules of civilized nations, 
and with such continued outrage upon the plain- 
est principles of humanity. 

We cannot discriminate, in our censure of their 
mode of conducting their contest, between the 
Spaniards and the Cubans. Each commit the 
same atrocities and outrage alike the established 
rules of war. 

The properties of many of our citizens have 
been destroyed or embargoed, the lives of seve- 
ral have been sacrificed, and the liberty of others 
has been restrained. In every case that has 
come to the knowledge of the Government an 
early and earnest demand for reparation and in- 
demnity has been made ; and most emphatic re- 
monstrance has been presented against the man- 
ner in which the strife is conducted, and against 
the reckless disregard of human life, the wanton 
destruction of material wealth, and the cruel dis- 
regard of the established rules of civilized war- 
fare. I have, since the beginning of the present 
session of Congress, communicated to the House 
of Representatives, upon their request, an account 
of the steps which I had taken in the liope of 
bringing this sad conflict to an end, and of secur- 
ing to the people of Cuba the blessings and the 
right of independent self-government. The efibrts 
thus made failed, but not without an assurance 
from Spain that the good oflSces of this Govern- 
ment might still avail for the objects to which 
they had been addressed. 

During the whole contest the remarkable ex- 
hibition has been made of large numbers of 
Cubans esca])ing from the island and avoiding 
the risks of war, congregating in tliis country, 
at a safe distance from the scene of danger, and 
endeavoring to make war from our shores, to 
urge our people into the fight which they avoid, 
and to embroil this Government in complications 
and possible hostilities with Spain. It can scarce 
be doubted that this last result is the real object 
of these parties, although carefully covered under 
the deceptive and apparently plausible demand 
for a mere recognition of belligerency. 

It is stated, on what I have reason to regard 
as good authority, that Cuban bonds have been 
prepared, to a large amount, whose payment is 
made dependent upon the recognition by the 
United States of either Cuban belligerency or 
independence. The object of making their value 



MESSAGES AND PROCLAMATION. 



543 



thus contingent upon the action of this Govern- 
ment is a subject tor serious reflection. 

In determining the course to be adopted on the 
demand thus made for a recognition of belliger- 
ency, the liberal and peaceful principles adopted 
by the Father of his Country and the eminent 
statesmen of his day, and followed b)'' succeeding 
cliief magistrates and the men of their day, may 
furnish a safe guide to those of us now charged 
with the direction and control of the public safety. 

From 1789 to 1815 the dominant thought of 
our statesmen was to keep the United States out 
of the wars which were devastating Europe. 
The discussion of measures of neutrality begins 
with the State papers of Mr. Jefferson, when 
Secretary of State. He shows that they are 
measures of national right as well as of national 
duty ; that misguided individual citizens cannot 
be tolerated in making war according to their 
own caprice, passions, interests, or foreign sym- 
pathies; that the agents of foreign governments, 
recognized or unrecognized, cannot be permitted 
to abuse our hospitality by usurping the func- 
tions of enlisting or equipping military or naval 
forces within our territory. 

Washington inaugurated the policy of neu- 
trality and of absolute abstinence from all for- 
eign entangling alliances, which resulted, in 
1794, in the first municipal enactment for the 
observance of neutrality. 

The duty of opposition to fillibustering has been 
admitted by every President. Washington en- 
countered the efforts of Genet and the French 
revolutionists; John Adams the projects of Mi- 
randa; Jefferson the schemes of Aaron Burr; 
Madison and subsequent Presidents had to deal 
with the question of foreign enlistment or equip- 
ment in the United States, and since the days of 
John Quincy Adams it has been one of the con- 
stant cares of government in the United States to 
prevent piratical expeditions against the feeble 
Spanish-American republics from leaving our 
snores. In no country are men wanting for any 
enterprise that holds out promise of adventure 
or of gain. 

In the early days of our national existence the 
whole continent of America (outside of the limits 
of the United States) and all its islands, were in 
colonial dependence upon European powers. The 
revolutions which, from 1810, spread almost si- 
multaneously through all the Spanish-American 
continental colonies, resulted in tlie establishment 
of new States, like ourselves, of European origin, 
and interested in excluding European politics and 
the questions of dynasty and of balances of power 
from further influence in the New World. 

The American policy of neutrality, important 
before, became doubly so from the fact that it be- 
came applicable to the new re-publics as well as 
to the mother country. 

It then devolved upon us to determine the great 
international question, at what time and under 
what circumstances to recognize a new power as 
entitled to a place among tlie family of nations, 
as well as the preliminary question of the atti- 
tude to be observed by this Government toward 
the insurrectionary party pending the contest. 

Mr. Monroe concisely expressed the rule which 
has controlled the action of this Government with 
reference to revolting colonies, pending their 



struggle, by saying: "As soon as the movement 
assumed such a steady and constant form as to 
make the success of the provinces probable, the 
rights to which they were entitled by the laws of 
nations, as equal parties to a civil war, were ex- 
tended to them." 

The strict adherence to this rule of public 
policy has been one of the highest honors of 
American statesmanship, and has secured to this 
Government the confidence of the feeble powers 
on this continent, which induces them to rely 
upon its friendship and absence of designs of 
conquest,- and to look to the United States foi 
example and moral protection. It has given to 
this Government a position of prominence and 
of influence which it should not abdicate, but 
which imposes upon it the most delicate duties 
of right and of honor regarding American ques- 
tions, whether those questions affect emancipated 
colonies or colonies still subject to European do- 
minion. 

The question of belligerency is one of fact, not 
to be decided by sympathy for or prejudice 
against either party. The relations between the 
parent State and the insurgents must amount, in 
fact, to war in the sense of international law. 
Fighting, though fierce and protracted, does not 
alone constitute war; there must be military 
forces acting in accordance with the rules and 
customs of war, flags of truce, cartels, exchange 
of prisoners, &c., &c. ; and to justify a recognition 
of belligerency there must be, above all, a de 
facto political organization of the insurgents 
sufficient in character and resources to constitute 
it, if left to itself, a State among nations capa- 
ble of discharging the duties of a State, and of 
meeting the just responsibilities it may incur as 
such toward other powers in the discharge of its 
national duties. 

Applying the best information which I have 
been enabled to gather, whether from official or 
unofficial sources, including the very exaggerated 
statements which each party gives to all that may 
prejudice the opposite or give credit to its own 
side of the question, I am unable to see in the 
present condition of the contest in Cuba those 
elements which are requisite to constitute war in 
the sense of international law. 

The insurgents hold no town or city; have no 
establislied seat of government: they have no 
prize courts ; no organization for the receiving or 
collecting of revenue ; no seaport to which a prize 
may be carried, or thiK)ugh which access can be 
had by a foreign power to the limited interior 
territory and mountain fastnesses which they oc- 
cupy. The existence of a legislature representing 
any popular constituency is more than doubtful. 

In the uncertainty that hangs around the en- 
tire insurrection, there is no palpable evidence of 
an election of any delegated authority, or of any 
government outside the limits of the camps occu- 
pied from day to day by the roving companies of 
insurgent troops. There is no commerce, no trade, 
either internal or foreign, no manufactures. 

The late commander-in-chief of the insurgents, 
having recently come to the United States, pub- 
licly declared that "all commercial intercourse 
or trade with the exterior world has been utterly 
cutoff," and he further added, "to-day we have 
not ten thousand arms in Cuba." 



544 



POLITICAL MANUAL. 



It is a well-established principle of public law 
that a recognition by a foreign State of bellig- 
erent rights to insurgents under circumstances 
such as now exist in Cuba, if not justified by 
necessity, is a gratuitous demonstration of moral 
support to the rebellion. Such necessity may 
yet hereafter arrive; but it has not yet arrived, 
nor is its probability clearly to be seen. 

If it be war between Spain and Cuba, and be 
so recognized, it is our duty to provide for the 
consequences which may ensue in the embarrass- 
ment to our commerce and the interference with 
our revenue. 

If belligerency be recognized, the commercial 
marine of the United States becomes liable to 
search and to seizure by the commissioned cruis- 
ers ot both parties. They become subject to the 
adjudication of prize courts. 

Our large coastwise trade between the Atlantic 
and the Gulf States, and between both and the 
Isthmus of Panama and the States of South 
America, (engaging the larger parts of our com- 
mercial marine.) passes, of necessity, almost in 
sight of the Island of Cuba. Under the treaty 
with Spain of 1795, as well as by the law of na- 
tions, our vessels will be liable to visit on the 
high seas. 

In case of belligerency, the carrying of contra- 
band, which now is lawful, becomes liable to the 
risks of seizure and condemnation. The parent 
government becomes relieved from responsibility 
lor acts done in the insurgent territory, and ac- 
quires the right to exercise against neutral com- 
merce all the powers of a party to a maritime war. 
To what consequences the exercise of those powers 
may lead is a question wliich I desire to commend 
to the serious consideration of Congress. In view 
of the gravity of this question, I have deemed it 
my duty to invite the attention of the wa.r-mak- 
ing power of the country to all the relations and 
bearings of the question in connection with the 
declaration of neutrality and granting of bellig- 
erent rights. 

There is not a de facto government in the Island 
of Cuba sufficient to execute law and maintain 

i'ust relations with other nations. Spain has not 
een able to suppress the opposition to Spanish 
rule on the island, nor to award speedy justice to 
other nations, or citizens of other nations, when 
their rights have been invaded. 

There are serious complications growing out 
of the seizure of American vessels upon the high 
seas, executing American citizens without proper 
trial, and confiscating or embargoing the prop- 
erty of American citizens. Solemn protests have 
been made against every infraction of the rights 
either of individual citizens of the United 
States or the rights of our flag upon the high 
seas, and all proper steps have been taken and 
are being pressed for the proper reparation of 
every indignity complained of. 



The question of belligerency, however, which 
is to be decided upon definite principles and ac- 
cording to ascertained facts, is entirely different 
from and unconnected with the other questions 
of the manner in which the strife is carried on 
on both sides and the treatment of our citizens 
entitled to our protection. 

The questions concern our own dignity and 
responsibility, and they have been made, as I 
have said, the subjects of repeated communica- 
tions with Spain, and of protests and demands 
for redress on our part. It is hoped that these 
will not be disregarded ; but should they be, 
these questions will be made the subject of a 
further communication to Congress. 

U. S. Grant. 

Executive Mansion, Jime 13, 1870. 



PROCLAMATION 

President Grant's Proclamation ag-ainst the 
Fenian Invasion of Canada, issued May 24, 
1870. 

Whereas it has come to my knowledge that 
sundry illegal military enterprises and expedi- 
tions are being set on foot within the territoiy 
and jurisdiction of the United States, with a 
view to carry on the same from such territory or 
jurisdiction against the people and district of the 
Dominion of Canada, within the dominions of 
her majesty the Queen of the United Kingdom 
of Great Britain and Ireland, with whom the 
United States are at peace: 

Now, therefore, I, Ulysses S. Grant, President 
of the United States, do hereby admonish all 
good citizens of the United States, and all per- 
sons within the territory and jurisdiction of the 
United States, against aiding, countenancing, 
abetting, or taking part in such unlawful pro- 
ceedings ; and I do hereby warn all persons that, 
by committing such illegal acts, they will forfeit 
ail right to the protection of this Government, or 
to its interference in their behalf to rescue them 
from the consequences of their own acts; and I 
do hereby enjoin all officers in the service of the 
United States to employ all their lawful author- 
ity and power to prevent and defeat the afore- 
said unlawful proceedings, and to arrest and 
bring to justice all persons who may be engaged 
therein. 

In testimony whereof I have hereunto set my 
Iiand and caused the seal of the United States to 
be affixed. 

Done at the city of Washington, this 24th day 
of May, in the year of our Lord 1870, and 
[seal.] of the independence of the United States 
the ninety-fourth. U. S. Geant. 

By the President: 

Hamilton Fish, 

Secretary of State. 



LIIl. 



XVTH AMENDMENT, 
YOTES ON RATIFICATION, PROCLAMATION OF RATIFICATION, BILLS ENFORCING 

AND VOTES THEREON. 



Special Message of President Grant on Ratifica- 
tion of the XVtli Amendment. 

To the Senate and House of Representatives : 

It is unusual to notify the two houses of 
Congress, by message, of the promulgation, by 
proclamation of the Secretary of State, of the 
ratification of a constitutional amendment. In 
view, however, of the vast importance of the 
XVth Amendment to the Constitution, this day 
declared a part of that revered instrument, I 
deem a departure from the usual custom justifi- 
able. A measure which makes at once four 
millions of people voters, who were heretofore 
declared by the highest tribunal in the land not 
citizens of the United States, nor eligible to be- 
come so, (with the assertion that, "at the time 
of the Declaration of Independence, the opinion 
was fixed and universal in the civilized portion 
of the white race, regarded as an axiom in morals 
as well as in politics, that black men had no 
rights which the white man was bound to re- 
spect,") is indeed a measure of grander importance 
than any other one act of the kind from the 
foundation of our free government to the present 
day. 

Institutions like ours, in which all power is 
derived directly from the people, must depend 
mainly upon their intelligence, patriotism, and 
industry. I call the attention, therefore, of the 
newly-enfranchised race to the importance of 
their striving in every honorable manner to make 
themselves worthy of their new privilege. To the 
race more favored heretofore by our laws I would 
say, withhold no legal privilege of advancement 
to the new citizen. The framers of our Constitu- 
tion firmly believed that a republican govern- 
ment could not endure without intelligence and 
education generally diffused among the people. 
The "Father of his Country," in his farewell ad- 
dress, uses this language: "Promote, then, as a 
matter of primary importance, institutions for 
the general diffusion of knowledge. In propor- 
tion as the structure of the Government gives 
force to public opinion, it is essential that public 
opinion should be enlightened." In his first 
annual message to Congress the same views are 
forcibly presented, and are again urged in his 
eighth message. 

I repeat that the adoption of the XVth Amend- 
ment to the Constitution completes the greatest 
civil change and constitutes the most important 
event that has occurred since the nation came 
into life. The change will be beneficial in pro- 
portion to the heed that is given to the urgent 
recommendations of Washington. If these re- 
commendations were important then, with a popu- 
lation of but a few millions, how much more im- 
35 



portant now, with a population of forty millions, 
and increasing in a rapid ratio. 

I would therefore call upon Congress to take 
all the means within their constitutional powers 
to promote and encourage popular education 
throughout the country; and upon the people 
everywhere to see to it that all who possess and 
exercise political rights shall have the opportu- 
nity to acquire the knowledge which will make 
their share in the government a blessing and not 
a danger. By such means only can the benefits 
contemplated by this amendment to the Consti- 
tution De secured. U. S. Grant. 

Executive Mansion, March 30, 1870. 

Certificate of Mr. Secretary Fish respecting tlie 
Ratification of the XVth Amendment to the 
Constitution, March 30, 1870. 

HAMILTON FISH, SECRETARY OF STATE OF THE 
UNITED STATES. 

To all to whom these presents may come, greeting: 
linow ye that the Congress of the United 
States, on or about the 27th day of February, 
in the year 1869, passed a resolution in the words 
and figures following, to wit: 
A Resolution proposing an amendment to the 
Constitution of the United States. 
Resolved by the Senate and House of Represent- 
atives of the United States of America in Congress 
assembled, {two-thirds of both houses concurring,) 
That the following article be proposed to the 
legislatures of the several States as an amend- 
ment to the Constitution of the United States, 
which, when ratified by three-fourths of said 
legislatures, shall be valid as part of the Consti- 
tution, namely : 

Article XV. 

Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by 
the United States or by any State on account of 
race, color, or jtrevious condition of servitude. 

Sec. 2. The Congress shall have power to en- 
force this article by appropriate legislation. 

And, further, that it appears, from oificial doc- 
uments on file in this department, tliat the amend- 
ment to the Constitution of the United States, 
proposed as aforesaid, has been ratified by the' 
legislatures of the States of Nortli Carolina, West 
Virginia, Massachusetts,Wisconsin, Maine, Louis- 
iana, Michigan, South Carolina, Pennsylvania, 
Arkansas, Connecticut, Florida, Illinois, Indiana, 
New York, New Hampshire, Nevada, Vermont, 
Virginia, Alabama, Missouri, Mississippi, Ohio, 
Iowa, Kansas, Minnesota, Rhode Island, Ne- 
braska, and Texas; in all, twenty-nine States. 

And, further, that the States whose legislatures 

545 



546 



POLITICAL MANUAL. 



bave so ratified the said proposed amendment 
constitute three-fourths of the whole number of 
States in the United States. 

And, further, that it appears, from an official 
document on file in this department, that the 
legislature of the State of New York has since 
passed resolutions claiming to withdraw the said 
ratification of the said araondmont which had 
been made by the legislature of that State, and 
of \\-'aich official notice had been filed in this 
department. 

And, further, that it appears, from an official 
document on file in this department, that the 
legislature of Georgia has by resolution ratified 
the said proposed amendment.: 

Kow, therefore, be it. known that I, Hamilton 
Fish, Secretary of State of the United States, by 
virtue and in pursuance of the 2d section of 
the act of Congress, apjiroved the 20th day of 
April, 1*318, eniitled "An act to provide for the 
publication of the laws of the United States, and 
lor other purposes," do hereby certify, that the 
amendment aforesaid has become valid, to all 
intents and purposes, as part of the Constitution 
of the United States. 

In testimony whereof I have hereunto set my 
hand and caused the seal of the Department of 
State to be affixed. 

Done at the city of Washington, this 30th day 
of March, in the year of our Lord 1870, 
[seal.] and of the independence of the United 
States the ninety-fourth. 

Hamilton Fish. 



Enforcement of the Fourteenth and Fifteenth 
Amendments. 

An Act to enforce the right of citizens of the 
United States to vote in the several States of 
this Union, and for other purposes. 
Be it enacted, &c.. That all citizens of the 
United States who are or shall be otherwise quali- 
fied by law to vote at any election by the people 
in any State, Tcrrritory, district, county, city, 
pjarish, township, school district, municipality, or 
other territorial subdivision, shall be entitled and 
allowed to vote at all such elections without dis- 
tinction of race, color, or previous condition of 
servitude ; any constitution, law, custom, usage, 
or regulation of any State or Territory, or by or 
under its authority, to the contrary notwith- 
standing. 

Sec. 2. That if by or under the authority of 
the con.'titution or laws of any State, or the laws 
of any Territory, any act is or shall be required 
to bcVjonc as a j)rerequisite or qualification for 
voting, and by such constitution or laws persons 
or officers are or shall be charged with the per- 
formance of duties in furnishing to citizens an 
opportunity to perform sucli prerequisite, or to 
become cpialified to vote, it shall be the duty of 
every such person and officer to give to all citi- 
zens of the United States the same and equal 
opportunity to perform such i)rerequi.site, and to 
become qualified to vote, witnout distinction of 
race, color, or previous condition of servitude; 
and if any such person or officer shall refuse or 
knowingly omit to give full effect to this section, 
he shall, for every such offense, forfeit and pay 
the sum of $500 to the person aggrieved thereby, 



to be recovered by an action on the case, with 
full costs and such allowance for counsel fees as 
the court shall deem just, and shall also, for 
every such offense, be deemed guilty of a misde- 
meanor, and shall, on conviction thereof, be fined 
not less than $500, or be imprisoned not less than 
one month and not more than one year, or bcth, 
at the discretion of the court. 

Sec. 3 That whenever, by or under the au- 
thority of the constitution or laws of any State, 
or the laws of any Territory, an act is or shall be 
required to be done by any citizen as aprerequisite 
to qualify or entitle him to vote, the offer of any 
such citizen to perform the act required to be done 
as aforesaid shall, if it fail to be carried into exe- 
cution by reason of the wrongful act or omission 
aforesaid of the person or officer charged with the 
duty of receiving or permitting such performance 
or offer to perform or acting tliereon, be deemed 
and held as a performance in law of such act ; and 
the person so offering and failing as aforesaid, and 
being otherwise qualified, shall be entitled to vote 
in the same manner and to t'lo same extent as if 
he had in fact performed such act; and any judge, 
inspector, or other officer of election whose duty 
it is or shall be to receive, count, certify, register, 
report, or give effect to the vote of any such citi- 
zen who shall wrongfully refuse or omit to receive, 
count, certify, register, report, or give effect to the 
vote of such citizen, upon the presentation by him 
of his affidavit stating such ofl'er and the time and 
place thereof, and the name of the officer or per- 
son whose duty it was to act thereon, and that he 
was wrongfully prevented by such person or officer 
from performing such act, shall for every such 
offense forfeit and pay the sura of $500 to the 
person aggrieved thereby, to be recovered by an 
action on the case, with full costs and such allow- 
ance for counsel fees as the court shall deem just, 
and shall also for every such offense be guilty of 
a misdemeanor, and shall, on conviction thereof, 
be fined not less than $500, or be imprisoned not 
less than one month and not more than one year, 
or both, at the discretion of the court. 

Sec. 4. That if any person, by force, bribery, 
threats, intimidation, or other unlawful means, 
shall hinder, delay, prevent, or obstruct, or shall 
combine and confederate with others to hinder, 
delay, prevent, or obstruct, any citizen from doing 
any act required to be done to qualify him to 
vote or from voting at any election as aforesaid, 
such person shall for every such offense forfeit 
and pay the sum of $500 to the person aggrieved 
thereby, to be recovered by an action on tlie case, 
with full costs and such allowance for counsel 
fees as the court «hall deem just, and shall also 
for every such offense be guilty of a misdemeanor, 
and shall, on conviction thereof, be fined not less 
than five hundred dollars, or be imprisoned not 
less tlian one month and not more than one year, 
or both, at the discretion of the court. 

Sec. 5. That if any person .shall prevent, hin- 
der, control, or intimidate, or shall attempt to 
prevent, hinder, control, or intimidate, any per- 
son from exercising or in exercising the right of 
suffrage, to whom the right of suffrage is secured 
or guarantied by the XVth Amendment to the 
Constitution of the United States, by means of 
bribery, threats, or threats of depriving such 
person of employment or occupation, or of eject- 



XVin AIMENDMENT. 



547 



ing such person from rented house, lands, or other 
property, or by threats of refusing to renew leases 
or contracts for labor, or by threats of violence 
to himself or family, sucli person so offending 
shall be deemed guilty of a misdemeanor, and 
ehall, on conviction tliercof, be fined not less 
than five hundred dollars, or be imprisoned not 
less than one month and not more than one year, 
or both, at the discretion of the court. 

Sec, 6. That if two or more persons shall band 
or conspire together, or go in disguise upon the 
public highway, or upon the premises of another, 
with intent to violate any jirovision of this act, 
or to injure, oppress, threaten, or intimidate any 
citizen with intent to prevent or hinder his free 
exercise and enjoyment of any right or privilege 
granted or secured to him by the Constitution 
or laws of the United States, or because of his 
having exercised the same, such persons shall be 
held guilty of felony, and, on conviction thereof, 
ehall be fined or imprisoned, or both, at the dis- 
cretion of the court, the fine not to exceed $5,000, 
and the imprisonment not to exceed ten years, 
and shall, moreover, be thereafter ineligible to, 
and disabled from holding, any office or place of 
honor, profit, or trust created by the Constitu- 
tion or laws of the United States. 

Sec. 7. That if, in the act of violating any pro- 
vision in either of the two preceding sections, 
any other felony, crime, or misdemeanor shall be 
committed, the offender, on conviction of such 
violation of said sections, shall be punished for 
the same with such punishments as are attached 
to the said felonies, crimes, and misdemeanors by 
the laws of the State in which the offense may 
be committed. 

Sec. 8, That the district courts of the United 
States, within their respective districts, shall 
have, exclusively of the courts of the several 
States, cognizance of all crimes and ofi'enses com- 
mitted against the provisions of this act, and 
also, concurrentljr with the circuit courts of the 
United States, of all causes, civil and criminal, 
arising under this act, except as herein otherwise 
provided, and the jurisdiction hereby conferred 
shall be exercised in conformity with the laws 
and practice governing United States courts; 
and all crimes and offenses committed against 
the provisions of this act may be prosecuted by 
the indictment of a grand jurj^ or, in cases of 
crimes and ofi'enses not infamous, the prosecu- 
tion may be either by indictment or information 
filed by the district attorney in a court having 
Jurisdiction. 

Sec. 9. That the district attorneys, marshals, 
and deputy marshals of the United States, the 
commissioners appointed by the circuit and ter- 
ritorial courts of tlie United States, with powers 
of arresting, imprisoning, or bailing offenders 
against the laws of the United States, and every 
other officer who may be specially empowered 
by the President of the United States, shall be, 
and they are hereby, specially authorized and 
required, at the expense of the United States, to 
institute proceedings against all and every per- 
son who shall violate the provisions of this act, 
and cause him or them to be arrested and im- 

Erisoned, or bailed, as the case may be, for trial 
efore such court of the United Slates or terri- 
torial court as has cognizance of the offense. 



And with a view to afford reasonable protection 
to all persons in their constitutional right to 
vote, without distinction of race, color, or pre- 
vious condition of servitude, and to the prompt 
discharge of the duties of this act, it shall be the 
duty of ihe circuit courts of tlie United States, 
and the superior courts of the Territories of the 
United States, from time to time, to increase the 
number of commissioners, so as to afford a speedy 
and convenient means for the arrest and exam- 
ination of persons charged with a violation of 
this act; and such commissioners are hereby 
authorized and required to exercise and discharge 
all the powers and duties conferred on them by 
this act, and the same duties with regard to 
offenses created by this act as they are author- 
ized by law to exercise with regard to other 
offenses against the laws of the United States. 

Sec. 10. That it shall be the duty of all mar- 
shals and deputy marshals to obey and execute 
all warrants and precepts issued under the pro- 
visions of this act, when to them directed; and 
should any marshal or deputy marshal refuse to 
receive such warrant or other process when ten- 
dered, or to use all proper means diligently to 
execute the same, he shall, on conviction thereof, 
be fined in the sum of $1,000, to the use of the 
person deprived of the rights conferred by this 
act. And the better to enable the said commis- 
sioners to execute their duties faithfully and 
efficiently, in conformity with the Constitution 
of the United States and the requirements of 
this act, they are hereby authorized and empow- 
ered, within their districts respectivelj'', to ap- 
point in writing, under their hands, any one or 
more suitable persons, trom time to time, to 
execute all such warrants and other process as 
may be issued by them in the lawful performance 
of "their respective duties, and the persons so 
appointed to execute any warrant or process as 
aforesaid shall have authority to summon and 
call to their aid the bystanders or posse comita- 
tus of the proper county, or such portion of the 
land or naval forces of the United States, or of 
the militia, as may be necessary to the perform- 
ance of the duty with which they are charged, 
and to insure a faithful observance of the XVth 
amendment to the Constitution of the United 
States; and such warrants shall run and be exe- 
cuted by said officers anywhere in the State or 
Territory within which they are issued. 

Sec. 11. That any person who shall know- 
ingly and willfully obstruct, hinder, or prevent 
any officer or other person charged with the ex- 
ecution of any warrant or process issued under 
the provisions of this act, or any person or per- 
sons lawfully assisting him or them from arrest- 
ing any person for whose apprehension sucli 
warrant or process may have been issued, or 
shall rescue, or attempt to rescue, such person 
from the custody of the officer or other person 
or persons, or those lawfully assisting as afore- 
said, when so arrested pursuant to the authority 
herein given and declared, or shall aid, abet, or 
assist any person so arrested as aforesaid, di- 
rectly or indirectly, to escape from the custody 
of the officer or other person legally authorized 
as aforesaid, or shall harbor or conceal any per- 
son for whose arrest a warrant or process shall 
have been issued as aforesaid, so as to prevent 



548 



POLITICAL MANUAL. 



his discovery and arrest after notice or knowl- 1 
edge of the fact that a warrant has been issued 
for the apprehension of such person, shall, for 
either of said offenses, be subject to a fine not 
exceeding one thousand dollars, or imprisonment 
not exceeding six months, or both, at the discre- 
tion of the court, on conviction before the dis- 
trict or circuit court of the United States for the 
district or circuit in wliich said offense may have 
been committed, or before the proper court of 
criminal jurisdiction, if committed within any 
one of the organized Territories of the United 
States. 

Sec. 12. That the comraiscioners, district attor- 
neys, the marshals, their deputies, and the clerks 
of the said district, circuit, and territorial courts, 
shall be paid for their services the like fees as 
maybe allowed to them for similar services in 
other cases. The person or persons authorized 
to execute the process to be issued by such com- 
missioners for the arrest of offenders against the 
provisions of this act shall be entitled to the 
usual fees allowed to the marshal for an arrest 
for each person he or they may arrest and take 
before any such commissioner as aforesaid, with 
such other fees as may be deemed reasonable by 
such commissioner for such other additional ser- 
vices as may be necessarily performed by him or 
them, such as attending at the examination, 
keeping the prisoner in custodj', and providing 
him with food and lodging during his detention 
and until the final determination of such com- 
missioner, and in general for performing such 
other duties as may be required in the premises; 
such fees to be made up in conformity with the 
fees usually charged by the officers of the courts 
of justice within the proper district or county, as 
near as may be practicable, and paid out of the 
treasury of the United States on the certificate 
of the judge of the district within which the 
arrest is made, and to be recoverable from the 
defendant as part of the judgment in case of 
conviction. 

Sec. 13. That it shall be lawful for the Presi- 
dent of the United States to employ such part of 
the land or naval forces of the United States, or 
of the militia, as shall be necessary to aid in the 
execution of judicial process issued under this 
act. 

Sec. 14. That whenever any person shall hold 
office, except as a member of Congress or of some 
State legislature, contrary to the provisions of the 
3d section of the XlVth article* of amendment 



*XIVth Article of Amendmeat to the Constitution 
of the United States. 

Section 1. All persons born or naturalized in the Uni- 
ted States, and sul)jeet to tlie jurisdiction thereof, are 
citizens of the United States and of tlie State wherein 
they reside. No State shall make or enforce any law 
which shall abridtre the privileges or immunities of 
citizens of the United States; nor shall any State de- 
prive any person of life, liberty, or property, without 
due process of law, nor deny to any per.son within its 
jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall bo apportioned among 
the several States aecording to their respective num- 
bers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
President and Vice President of the United States, 
representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature 
thereof, is denied to any of the male inhabitants of 
such State, being twenty-one years of age and citizens 



of the Constitution of the United States, it shall 
be the dutj' of the district attorney of the United 
States for the district in which such person shall 
hold office as aforesaid to proceed against such 
person by writ of quo warranto, returnable to 
the circuit or district court of the United States 
in such district, and to prosecute the same to the 
removal of such person from office; and any writ 
of qxio warranto, <"^ brought as aforesaid, shall 
take precedence of all other cases on the docket 
of the court to which it is made returnable, and 
shall not be continued unless for cause proved to 
the satisfaction of the court. 

Sec. 15. That any person who shall hereafter 
knowingly accept or hold any office under the 
United States or any State, to which he is ineli- 
gible under the 3d section of the XlVth article of 
amendment of the Constitution of the United 
States, or who shall attempt to hold or exercise 
the duties of any such oiBce, shall be deemed 
guilty of a misdemeanor against the United 
States, and upon conviction thereof before the 
circuit or district court of the United States shall 
be imprisoned not more than one year, or fined 
not exceeding $1,000, or both, at the discretion 
of the court. 

Sec. 16. That all persons within the jurisdic- 
tion of the United States shall have the same 
right in every State and Territory in the United 
States to make and enforce contracts, to sue, be 
parties, give evidence, and to the full and equal 
benefit of all laws and proceedings for the secu- 
rity of person and property as is enjoyed by 
white citizens, and shall be subject to like puu- 
ishment, pains, penalties, taxes, licenses, and ex- 
actions of every kind, and none other, any law, 
statute, ordinance, regulation, or custom to the 
contrary notwithstanding. No tax or charge 
shall be imposed or enforced by any State upon 
any person immigrating thereto from a foreign 
country which is not equally imposed and en- 
forced upon every person immigrating to such 
State from any other foreign country, and any 
law of any State in conflict with this provision 
is hereby declared null and void. 

Sec. 17. That any person who, under color of 
any law, statute, ordinance, regulation, or cus- 

of the United States, or in any way abridged, except 
for participation in rebellion or other crime, the basis 
of representation tlierein shall be reduced in the pro- 
portion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one 
years of age in such State. 

Sec. 3. No person shall be a senator or representative 
in Congress, or elector of President and Vice Presi- 
dent, or hold any ottice, civil or military, under the 
United States, or under any State, who, having previ- 
ously taken an oath, as a member of Congress, or as an 
officer of the United States, or as a member of any 
State legislature, or as an executive or judicial olflcer 
of any State, to support the Constitution of tlic United 
States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comf rt to the ene- 
mies thereof. But Congress may, liya vote of two- 
thirds of each house, remove such disaliility. 

Sec. 4. The validity of the public delit of the United 
States, authorized bylaw, including dclits incurred for 
payment of pensions and bounties for .services in sup- 
pressing insurrection or reljcllion, shall not he ques- 
tioned. But uoithor the United States nor any State 
shall assume or pay any debtor obligation incurred in 
aid of insurrection or rebellion against the United 
States, or any claim for the loss or emani;ipation of any 
slave ; but all such debts, obligations, and claims shall 
be lield illegal and void. 

Sec. T). The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 



xvth amendment. 



549 



torn, shall subject, or caube to be subjected, any 
inhabitant of any State or Territory to the dep- 
rivation of any right secured or protected by 
this act, or to difi'erent punishment, pains, or 
penalties, on account of such person being an 
alien, or by reason of his color or race, than is 
prescribed for the punishment of citizens, shall 
be deemed guilty of a misdemeanor, and, on con- 
viction, shall be ])unished by fine not exceeding 
$1,000, or imprisonment not exceeding one year, 
or both, in the discretion of the court. 

Sec. 18. That the act to protect all [lersons in 
the United States in their civil rights and fur- 
nish the means of their vindication, passed April 
9, 1866, is hereby re-enacted; and sections 16 
and 17 hereof shall be enforced according to the 
provisions of said act. 

Sec. 19. That if at any election for representa- 
tive or delegate in the Congress of the United 
States any person shall knowingly personate and 
vote, or attempt to vote, in the name of any 
other person, whetlier living, dead, or fictitious; 
or vote more than once at the same election for 
any candidate for the same office ; or vote at a 
place where he may not be lawfully entitled to 
vote; or vote without having a lawful right to 
vote; or do any unlawful act to secure a right 
or an opportunity to vote for himself or any 
other person ; or by force, threat, menace, intimi- 
dation, bribery, reward, or offer, or promise 
thereof, or otherwise unlawfully prevent any 
qualified voter of any State of the United States 
of America, or of any Territory thereof, from 
freely exercising the right of suffrage, or by any 
such means induce any voter to refuse to exer- 
cise such right; or compel or induce by any such 
means or otherwise any ofiicer of an election in 
any such State or Territory to receive a vote 
from a person not legally qualified or entitled to 
vote; or interfere in any manner with any offi- 
cer of said election in the discharge of his du- 
ties; or by any of such means, or other unlawful 
means, induce any officer of an election, or officer 
whose duty it is to ascertain, announce, or de- 
clare the result of any such election, or give or 
make any certificate, document, or evidence in 
relation thereto, to violate or refuse to comply 
with his duty, or any law regulating the same; 
or knowingly and willfully receive the vote of 
any person not entitled to vote, or refuse to re- 
ceive the vote of any person entitled to vote; or 
aid, counsel, procure, or advise any such voter, 
person, or officer to do any act hereby made a 
crime, or to omit to do any duty the omission of 
which is hereby made a crime, or attempt to do 
60, every such person shall be deemed guilty of 
a crime, and shall for such crime be liable to 
prosecution in any court of the United States of 
competentjurisdiction, and, on conviction thereof, 
shall be punished by a fine not exceeding $500, 
or by imprisonment for a term not exceeding 
three years, or both, in the discretion of the court, 
and shall pay the costs of prosecution. 

Sec. 20. Thatif, at any registration of voters for 
an election of rejiresentative or delegate in the 
Congress of the United States, any person shall 
knowingly personate and register, or attempt to 
register, in the name of any other person, whether 
living, dead, or fictitious, or fraudulently register, 
or fraudulently attempt to register, not having a 



lawful right so to do, or do any unlawful act to se- 
cure registration for himself or any other person ; 
or by force, threat, menace, intimidation, bribery, 
reward, or olfer, or promise thereof, or other un- 
lawful means, prevent or hinder any person hav- 
ing a lawful right to register from duly exercising 
such right; or compel or induce, by any of such 
means, or other unlawful means, any officer of 
registration to admit to registration any person 
not legally entitled thereto, or interfere in any 
manner with any officer of registration in the 
discharge of his duties, or by any such means, or 
other unlawful means, induce any officer of regis- 
tration to violate or refuse to comply with his 
duty, or any law regulating the same; or know- 
ingly and willfully receive the vote of any per- 
son not entitled to vote, or refuse to receive the 
vote of any person entitled to vote, or aid, coun- 
sel, procure, or advise any such voter, person, or 
officer to do any act hereby made a crime, or to 
omit any act, the omission of which is hereby 
made a crime, every such person shall be deemed 
guilty of a crime, and shall be liable to prosecu- 
tion and punishment therefor, as provided in sec- 
tion nineteen of this act for persons guilty of any 
of the crimes therein specified: Provided, That 
every registration made under the laws of any 
State or Territory, for any State or other election 
at which such representative or delegate in Con- 
gress shall be chosen, shall be deemed to be a 
registration within the meaning of this act, not- 
withstanding the same shall also be made for the 
purposes of any State, territorial, or municipal 
election. 

Sec. 21. That whenever, by the laws of any 
State or Territory, the name of any candidate or 
person to be voted for as representative or dele- 
gate in Congress shall be required to be printed, 
written, or contained in any ticket or ballot with 
other candidates or persons to be voted for at 
the same election for State, territorial, munici- 
pal, or local officers, it shall be sufficient prima 
facie evidence, either for the purpose of indicting 
or convicting any person charged with voting, 
or attempting or offering to vote unlawfully, 
under the provisions of the preceding sections, 
or for committing either of the offenses thereby 
created, to prove that the person so charged or 
indicted voted, or attempted or offered to vote, 
such ballot or ticket, or committed either of the 
offenses named in the pireceding sections of this 
act with reference to such ballot. And the proof 
and establishment of such fact shall be taken, 
held, and deemed to be presumptive evidence 
that such person voted, or attempted or offered 
to vote, for such representative or delegate, as 
the case may be, or that such offense was com- 
mitted with reference to the election of such 
representative or delegate, and shall be sufficient 
to warrant his conviction, unless it shall be 
shown that any such ballot, when cast, or at- 
tempted or offered to be cast by him, did not 
contain the name of any candidate for the office of 
lepresentative or delegate in the Congress of the 
United States, or that such offense was not com- 
mitted with reference to the election of such 
representative or delegate. 

Sec 22. That any officer of any election at 
which any representative or delegate in the Con- 
gress of the United States shail be voted for, 



550 



POLITICAL MANUAL. 



whether such oflScer of election be appointed or 
seated by or under any law or authority of the 
United Slates, or by or under any State, territo- 
rial, district, or municipal law or authority, wlio 
shall neglect or refuse to perform any duty in 
regard to such election required of him by anj^ 
law of the United States, or of any State or Ter- 
ritory thereof; or violate any duty so imposed, or 
knowingly do any act thereby unauthorized, with 
intent to affect any such election, or the result 
thereof; or fraudulently make any false certifi- 
cate of the result of such election in regard to 
such representative or delegate; or withhold, con- 
ceal, or destroy any certiticate of record so re- 
quired by law respecting, concerning, or pertain- 
ing to the election of any such representative or 
delegate ; or neglect or refuse to make and return 
the same as so required by law; or aid, counsel, 
procure, or advise any voter, person, or officer to 
ao any act by this or any of the preceding sec- 
tions made a crime; or to omit to do any duty 
the omission of which is by this or any of said 
sections made a crime, or attempt to do so, shall 
be deemed guilty of a crime, and shall be liable 
to prosecution and punishment therefor, as pro- 
vided in the nineteenth section of this act for 
persons guilty of any of the crimes therein spe- 
cified. 

Sec. 23. That whenever any person shall be 
defeated or deprived of his election to any office, 
except elector of President or Vice President, 
representative or delegate in Congress, or mem- 
ber of a State legislature, by reason of the denial 
to any citizen or citizens who shall offer to vote 
of the right to vote, on account of race, color, or 
previous condition of servitude, his right to hold 
and enjoy such office, and the emoluments thereof, 
shall not be impaired by such denial; and such 
person may bring any appropriate suit or pro- 
ceeding to recover possession of such office, and 
in cases where it shall appear that the sole ques- 
tion touching the title to such office arises out of 
the denial of the right to vote to citizens who so 
offered to vote on account of race, color, or pre- 
vious condition of servitude, such suit or proceed- 
ing may be instituted in the circuit or district 
court ol the United States of the circuit or district 
in which such person resides. And said circuit 
or district court shall have, concurrently with 
the State courts, jurisdiction thereof so far as to 
determine the rights of the parties to such office 
by reason of the denial of the right guarantied 
by the XVth article of amendment to the Con- 
stitution of the United States and secured by 
this act. 

The Final Vote. 

In Senate. 
1870, May 25. — The report of the committee of 
conference, recommending the passage of the bill 
as printed above was agreed to — yeas 48, nays 
11, as follow: 

Yeas — Mepsre. Ame«, Anthony, Boroman, Brownlow, 
Buckingham, Cameron, Chandler, Cole, Conkling, 
Crai^in, Drake, Edmunds, Ferry, Flanagan, (iilbert, 
Hamilton of Texas, Hamlin, Harlan, Harris, Howard, 
Howe, K''llo^.5g, Lewis, MeDonald, Morrill of Maine, 
Morrill of Vermont, Morton, Nye, Osljorn. Patterson, 
Pomeroy, Pool, Pratt, Ramsey, liice, Ross, Sawyer, 
Sf:ott, Sherman, Speneer, Sprague, Stewart, Sumner, 
Thayer, Tipton, Trumbull, Warner, Williams — i8. 



N.tTS — Messrs. Bayard, Casserb/, Davis, Fowler, Ham- 
ilton of Maryland, Johnston, MeCreery, Saulsbury, Stock- 
ton, Thurman, Vickers — 11. 

May 27 — The House concurred — yeas 133, 
nays 58, (not voting 39,) as follow : 

Yeas — Messrs. Allison, Ambler, Armstrong, Arnell, 
Asper, Atwood, Aver, Bailey, Banks, Barry, Beatty, 
Bennett, Benton, iiin,i;ham, lilair. Boles, Bowen, Boyd, 
George M. Broi.ik^^, Buekley, Biiliinton, Burchard, Bur- 
dett, Benjamin F. Butler. Kudoriek R. Butler, Cessna, 
Churchill, William T. Clark, Sidney Clarke, Amasa 
Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Covode, 
Cowles, CuUom, Davis, Dawes, Degener, Diekey, Dix- 
on, Doekerj-, Donley, Ferris, Finkelnburg, Fitch, Gar- 
field, Hale, Harris, JIawley, Hay, Hays, Hoflin, Hill, 
Hoar, Hooper, Hotchkiss, IngersoU, Jenckes. Alexan- 
der H. Jones, Judd, Kelley, Kellogg, Kelsey, Ketoham, 
Knapp, Laflin, Lash, Lawrence, Logan, Lynch, May- 
nard, McCrary, McGrew, McKee, McKenzie, Mercur, 
Eliakim H. Moore. William Moore, Daniel II. Morrell, 
Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Pack- 
ard, Packer, Paine, Peek, Perce, l^eters, Phelps, Poland, 
Pomeroy, Prosser, Roots, Sargent, Sawyer, Schenek, 
Scofield. Shanks, Lionel A. Sheldon, Porter Sheldon, 
John A. Smith. William J. Smith, Worthington C.Smith, 
William Smyth, Starkweather, Stevens, Stevenson, 
Stokes, Stoughton, Strickland. Strong, Taffe, Taylor, 
Tillman, Townsend, Twichell, Tyner, Upson, Wallace, 
Ward, William B. Washburn, Welker, \\ heeler. Whit- 
more, Willard, Williams, John T.Wilson, Winans, Uitch- 
er— 1:3.3. 

Nats — Messrs. Adams, Archer, Axtell, Barnum, Beck, 
Bigqs, Bird, Booker, James Brooks, Burr. Calkin, Cleve- 
lanci, Conner, Cox, Crebs, Dickinson, Do.c, Eldridge. Fox, 
Getz, Gibson, Haight, Ilaldeman, Hanibleton, Hawkins, 
Holman, Johnson. Kerr, Knott. Lewis, Marshall, Marjkam, 
McCormick, McNe.ehi, Morgan. Morrissc)i, Mnngcn, Nib- 
lack. Potter, Randall. Reeves, Rice, Ridgway, Rogers, Schu- 
maker, Sherrod, Shober, Slocum, Joseph S. Smith. Stiles, 
Stone, Swann. Sweeneii, Trimble, Voorhees, Wells, Eugene 
M. Wilson, Woodward — 58. 

Previoas Votes. 

In House. 

1870, May 16 — Mr. Bingham, from the Com- 
mittee on the Judiciary, reported the following 
bill: 

Be it enacted, &c., That any officer of the United 
States, or of any State, Territory, or district, and 
every officer of any city, county, town, township, 
borough, ward, parish, or hundred, in any State, 
Territory, or district, who shall by any official act 
whatever, or by the omission, neglect, or refusal 
to perform any official act or duty whatever, 
whether under color or pretext of any provision 
of any State constitution, or any law of any State, 
Territory, or district whatsoever, or of any local, 
municipal, or other law, rule, or ordinance, deny 
or abridge the right of any citizen of the United 
States to vote, on account of race, color, or pre- 
vious condition of servitude, at any Federal, State, 
county, municipal, or other election, sliall, upon 
conviction thereof, be adjudged guilty of a mis- 
demeanor, and shall be punished by imprisonment 
of not less than one year and not exceeding three 
years, or by a fine not less than $500 nor exceed- 
ing $5,000, or both such fine and imprisonment, 
at the discretion of the court. 

Sec. 2. That all colored citizens of the United 
States resident in the several States of the United 
States shall be entitled to vote at all elections in 
the State, county, parish, town, townsliip, ward, 
or hundred of their residence, subject only to the 
same conditions which now are or may hereafter 
be required to qualify white citizens to vote there- 
in. And any person who shall by force, fraud, 
intimidation, or other unlawful means whatso- 
ever, prevent any colored citizen from voting at 



xvth amendment. 



551 



any such election, wlao possesses the qualifications, 
except in respect of color, requisite to enable a 
■white citizen to vote thereat, shall, upon convic- 
tion thereof, be adjudged guilty of a misdemeanor, 
and shall be imprisoned not less than six months 
and not exceeding one year, or bo fined not less 
than $100 nor more than $1,000, or be punished 
by both such fine and imprisonment, in the dis- 
cretion of the court. 

Sec 3. That in case the constitution or law of 
any State shall require the assessment or payment 
of a tax as a qualification of an elector, if any 
assessor or other ofiicer elected or appointed under 
the laws of such State, and authorized or required 
by the laws thereof to make any assessment of 
persons or property for the purpose of such taxa- 
tion, shall refuse or willfully neglect to assess the 
person or property of any colored citizen of the 
United States qualified as aforesaid, and residing 
in the town, hundred, borough, township, parish, 
county, ward, or district for which said assessor 
or other ofiicer shall have been elected or ap- 
pointed as aforesaid, he shall, for every such of- 
fense, forfeit and pay the sum of $500 to any per- 
son who will sue for the same, and shall for every 
such ofi'ense be guilty of a misdemeanor, and shall 
be fined not less than $500, and be imprisoned 
not less than one month. 

Sec. 4. That in case the constitution or law of 
any State shall require the assessment or pay- 
ment of a tax as a qualification of an elector, if 
any officer or member of any levy court, or other 
body of ofilcers, authorized or required by the 
laws of such State to make or correct any assess- 
ment of persons or property for the purpose of 
such taxation, or authorized or required by the 
laws of such State to assess or levy any such tax, 
shall refuse, or willfully neglect or advise, or 
shall participate, concur, or acquiesce in the re- 
fusal or willful neglect of such levy court, or 
other body of ofiicers, to assess the person or 
property, or to assess or levy any such tax upon 
the person or property of any colored citizen of 
the United States, qualified as aforesaid, and re- 
siding in the county or district for which said 
officer, levy court, or other body of ofiicers shall 
have been elected or appointed, he shall for every 
such ofi'ense forfeit and pay the sum of $500 to 
any person who will sue for the same, and shall 
for every such offense be deemed guilty of a mis- 
demeanor, and shall be fined not less than $500 
and be imprisoned not less than one month. 

Sec. 5. That if any clerk or other officer re- 
quired by the law of any State to register, record, 
or transcribe any list of persons upon whom taxes 
have been assessed, or to transcribe and certify 
any duplicate of such list to the collector of taxes, 
shall refuse or willfully neglect to register, re- 
cord, transcribe, or enter upon the proper assess- 
ment list, or upon the pro])er duplicates of such 
assessment list, the name of any colored citizen 
of the United States who has been lawfully as- 
sessed to pay any tax, the payment of which tax 
is by the constitution or laws of such State a 
qualification of an elector of such State, every 
such clerk or officer shall for evei-y such offense 
forfeit and pay the sum of $500 to any person 
who will sue for the same, and shall for every 
such ofiense be deemed guilty of a misdemeanor, 



and shall be fined not less than $500 and be im- 
prisoned not less than one month. 

Sec. 6. That if any collector of taxes elected 
or appointed by authority of the laws of any 
State shall refuse or willfully neglect to receive 
from any colored citizen of the United States 
residing in such State any tax which he is re- 
quired by law to collect from citizens of such 
State, and the payment of which tax is by the 
constitution or laws of such State a qualification 
of an elector of such State, or if any such collec- 
tor shall refuse or willfully neglect to give to 
any such colored citizen a receipt for any such 
ta.c, when the amount thereof shall have been 
paid or tendered to him by such colored citizen, 
he shall for every such offense forfeit and pay 
the sum of $500 to any person who will sue for 
the same, and shall for every such ofi'ense be 
deemed guilty of a misdemeanor, and shall be 
fined not less than $200, and be imprisoned for 
not less than one month. 

Sec 7. That if at any State, county, township, 
hundred, or municipal election, held by the au- 
thority of any law of any State, or at any election 
for electors of President of the United States, or 
for members of the House of Representatives of the 
United States, any officer, inspector, or judge of 
the election shall refuse to receive, or shall advise 
or concur in refusing to receive, the vote of any 
person on account of his race, color, or previous 
condition of servitude, every such officer, inspect- 
or, or judge shall for every such olTense forfeit 
and pay tlie sum of $500 to any j)erson whose vote 
shall have been so refused, who may sue for the 
same in any court of the United States; and such 
officer, inspector, or judge shall for every such 
offense be deemed guilty of a misdemeanor, and 
on conviction thereof shall be fined not less than 
$200, nor more than $500, and be imprisoned not 
less than one month. 

Sec. 8. That any register or officer who shall 
refuse to register or enter upon the list of voters 
or list of persons who will be entitled to vote at 
any election the name of any colored person 
having the qualifications of a white citizen enti- 
tled to vote or to be placed on such list in other 
respects except race or color, and any officer or 
member of any board for the admission of elect- 
ors, who shall refuse to admit to the electors' 
oath, or to the privileges of an elector, any col- 
ored person on account of his race, color,, or 
previous condition of servitude, or having the 
qualifications of a white citizen, entitled to the 
privileges of an elector in other respects than 
race, color, or previous condition of servitude, 
shall be guilty of a misdemeanor^.and on con- 
viction thereof shall forfeit and pay a penalty of 
not less than $200 nor more than;$500, and shall 
be imprisoned not less than one month nor more 
than six months, or both, at the discretion of the 
court. 

Sec. 9. That if any person shall, by threats,, 
violence, or intimidation, prevent, or attempt to. 
prevent, any citizen of the United States from, 
the free exercise of his right to vote in any elec- 
tion at which members of Congress or electors 
for President or Vice President of the United 
States maybe votedfor, such person so offending 
shall be liable to indictment,. ■Mid on conivictioa 



552 



POLITICAL MANUAL. 



thereof shall be subject to a fine not exceeding 
$1,000, or to imprisonment not less than one 
year nor more than three years, or both, at the 
aiscretion of the court. 

Sec. 10. That the circuit courts of the United 
States shall have jurisdiction of the suits for 
forfeitures imposed and causes of action created 
by this act, and the circuit and district courts of 
the United States shall have jurisdiction of the 
misdemeanors created by this act 

Which was agreed to — yeas 131, nays 44, as 
follow : 

Yeas— Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell, Asper, .\twood, Ayer, Banks, Barry, Be.iman, 
Beatty, Benjamin, Bennett, Benton, Binaham, Blair, 
Booker, Boyd, George M. Brook.'. Buck, Buckley, Buf- 
finton. Bui-chard, Benjamin F. Butler, Cake, Cessna, 
Churchill, William T. Clark, Sidney Clarke, Amasa 
Cobb. Coburn, Cook, Conger^ Covvles, Dawes. Dickey, 
Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, 
Ferry, Fiukelnburg. Fitch, Garfield, Gilfilian, Hale, 
Ham'ilton. Harris, Hawley, Hay, Heflin. Hill. Hoar, 
Hooper, Hotchkiss, Inper^oU, Julian, Kelley, Kellogg, 
Kelsev, Keteham, Laflin, Lash, Logon, Loughridge, 
Lyncli. JMr.ynard, McCarthy, McCrary, McGrew, Me- 
Kee, McKc'nzic, Merour, Milnes, Fliakim H. Moore, 
Jesse H. Moore, William Monre. Morphis, Daniel J. 
Morrell, Myers, Negley, O'Neill, Packard, Packer, 
Peek, Perce. Peters, Piatt, Poland, Pume'-oy, Prosper, 
Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, 
Shanks. Lionel A. Sheldon. Porter Sheldon, John A. 
Smith, William J. Smith, Worthington C.Smith, Wil- 
liam Smyth, Starkweather, Stevens, Stevenson, Stokes, 
Stoughton, Strickland. Strong, TatFe, Tanner, Taylor, 
Tillman, Townscnd, Twichell, Tyner, Upson, Cadwala- 
der C. Washburn, Welker, Wheeler, Whitmore, Wil- 
lard, Williams, John T. Wilson, Winans— 131. 

Nats — Messrs. Adams, Archer, Axtcll, Barnum, Beck, 
Bifigs, James Brooks, Burr, Conner, Crehs, Dickinson. Dox. 
Eidridfic, Gibson, Grisivold, Haight, Haldeman, Hamill, 
Hawkins, Holman, Knott, Lewis, Mai/ham, McNcely, Mor- 
gan, Mungcn, Niblack. Potter, liandall. Bice, Rogers, Schu- 
maker, Sherrod. Slocum, Joseph S. Smith, Stiles, Swann, 
Swecnoi, Trimble. Van Trump, Voorhees, Eugene M. Wil- 
son, ]yinchester, Wood — i4. 

In Senate. 

1870, May 18 — Mr. Stewart moved to sub- 
stitute the following: 

That all citizens of the United States who are 
or shall be otherwise qualified by law to vote at 
any election by the people in any State, Terri- 
tory, district, county, city, parish, township, 
school district, municipality, or other territorial 
subdivision, shall be entitled and allowed to 
vote at all such elections, without distinction of 
race, color, or previous condition of servitude; 
any law, custom, usage, or regulation of any 
State or Territory, or by or under its authority, 
to the contrary notwithstanding. 

Sec. 2. Tliat if, by or under the authority of 
the constitution or laws of any State, or the laws 
of any Territory, any act is or shall be required 
to be done as a prerequisite or qualification for 
voting, and by such constitution or laws persons 
or olficers are or shall be charged with the per- 
formance of duties in furnishing to citizens an 
opportunity to j)erform such jirerequisite, or to 
become qualified to vote, it shall be the duty of 
every such person and officer to give to all citi- 
zens of the United States the same and equal 
opportunity to perform such ]irerequisite, and to 
become qualified to vote, without distinction of 
race, color, or previous condition of servitude; 
and if any such person or officer shall refuse or 
knowingly omit to give full effect to this section, 
he shall, lor every such offense, forfeit and pay 
the sum of ^fj^JO to the person aggrieved thereby, 



to be recovered by an action on the case, ^vith 
full costs and such allowance for counsel fees as 
the court shall deem just, and shall also, for 
every such ofl'ense, be deemed guilty of a mis- 
demeanor, and shall, on conviction thereof, be 
fined not less than $500, and be imprisoned not 
less than one month and not more than one year. 

Sec. 3. That whenever, by or under the au- 
thority of the constitution or laws of any State 
or the laws of any Territory, any act is or shall 
be required to bo done by any citizen as a pre- 
requisite to qualif}'- or entitle him to vote, the 
ofl'cr of any such citizen to perform the act re- 
quired to be done as aforesaid shall, if it fail to 
be carried into execution by reason of the 
wrongful act or omission aforesaid of the person 
or oflicer charged with the duty of receiving or 
permitting such performance or offer to perform 
or acting thereon, be deemed and held as a per- 
formance in law of such act; and the person so 
offering and failing as aforesaid and being other- 
wise qualified, shall be entitled to vote in the 
same manner and to the same extent as if he had 
in fact performed such act; and any judge, in- 
spector, or other ofiicer of election whose duty 
it is or shall be to receive, count, certify, rogis- 
fer, report, or give effect to the vote of any such 
citizen, who shall refuse or knowingly omit to 
receive, count, certify, register, report, or give 
effect to the vote of such citizen, upon the pre- 
sentation by him of his affidavit stating such 
offer and the time and place thereof, and the 
name of the officer or person whose duty it was 
to act thereon, and that he was wrongfully pre- 
vented by such person or officer from performing 
such act, shall for every such offense forfeit and 
pay the sum of $500 to the person aggrieved 
thereby, to be recovered by an action on the 
case, with full costs and such allowance for 
counsel fees as the court shall deem just, and 
shall also, for every such offense, be guilty of a 
misdemeanor, and shall, on conviction thereof, 
be fined not less than $500, and bo imprisoned 
not less than one month and not more than one 
year. 

Skc. 4. That if any person, by force, bribery, 
threats, intimidation, or otherwise, shall hinder, 
delay, prevent, or obstruct, or attempt to hinder, 
delay, prevent, or obstruct any citizen from doing 
any act required to be done to qualify him to 
vote or from voting at any election as aforesaid, 
such person shall for every such offense forfeit and 
pay the sum of $500 to the person aggrieved 
thereby, to be recovered by an action on the 
case, with full costs and such allowance for coun- 
sel fees as the court shall deem just, and shall 
also for every such offense be guilty of a misde- 
meanor, and shall, on conviction thereof, be fined 
not less than $500, and be imprisoned not less 
than one month and not more than one year. 

Sec. 5. That any person who shall be deprived 
of any office, except that of member of Congress 
or member of a State legislature, by reason of the 
violation of the provisions of this act, sliall be 
entitled to recover possession of such office by 
writ of mandamus or other approjiriate proceecl- 
ing ; and the circuit and district courts of the 
United States shall have concurrent jurisdiction 
with the proper State courts of all cases arising 
under this section. 



xvth amendment. 



553 



Sec. 6. That the district courts of the United 
States, within their respective districts, shall 
have, exclusively of the courts of the several 
States, cognizance of all crimes and offenses 
committed against the provisions of this act, and 
also, concurrently with the circuit courts of the 
United States, of all causes, civil and criminal, 
arising under this act, except as herein otherwise 
provided ; and the jurisdiction licreby conferred 
shall be exercised in conformity with the laws 
and practice governing United States courts; 
and all crimes and offenses committed against 
the provisions of this act may be prosecuted by 
the indictment of a grand jury, or in cases of 
crimes and offenses not infamous the prosecution 
may be either by indictment or information filed 
by the district attorney in a court having juris- 
diction. 

Sec 7. That the district attorneys, marshals, 
and deputy marshals of the United States, the 
commissioners appointed by the circuit and ter- 
ritorial courts of the United States, with powers 
of arresting, imprisoning, or bailing offenders 
against the laws of the United States, and every 
other officer who may be specially empowered by 
the President of the United States, shall be, and 
they are hereby, specially authorized and re- 
quired, at the expense of the United States, to 
institute proceedings against all and every person 
who shall violate the provisions of this act, and 
cause him or them to be arrested and imprisoned 
or bailed, as the case may be, for trial, before such 
court of the United States or territorial court as 
has cognizance of the offense. And with a view 
to afford reasonable protection to all persons in 
their constitutional right to vote, without distinc- 
tion of race, color, or previous condition of ser- 
vitude, and to the prompt discharge of the duties 
of this act, it shall be the duty of the circuit courts 
of the United States, and the superior courts of 
the Territories of the United States, from time to 
time, to increase the number of commissioners, so 
as to afford a speedy and convenient means for 
the arrest and examination of persons charged 
with a violation of this act; and such commis- 
sioners are hereby authorized and required to 
exercise and discharge all the powers and duties 
conferred on them by this act, and the same du- 
ties with regard to offenses created by this act, as 
they are authorized by law to exercise with re- 
gard to other offenses against the laws of the 
United States. 

Sec. 8. That it shall be the duty of all marshals 
and deputy marshals to obey and execute all war- 
rants and precepts issued under the provisions of 
this act when to them directed; anct should any 
marshal or deputy marshal refuse to receive such 
warrant or other process when tendered, or to 
use all proper means diligently to execute the 
same, he shall, on conviction thereof, be fined in 
the sum of $1,000, to the use of the person de- 
prived of the rights conferred by this act. And 
the better to enable the said commissioners to 
execute their duties faithfully and efficiently, in 
conformity with the Constitution of the United 
States and the requirements of this act, they are 
hereby authorized and empowered, within their 
districts respectively, to appoint, in writing, under 
their liands, any one or more suitable persons 
from time to time to execute all such warrants 



and other process as may be issued by them in 
the lawful performance of their r«spective duties; 
and the persons so appointed to execute any war- 
rant or process as aforesaid shall have authority 
to summon and call to their aid the bystanders 
or posse comitatus of the proper county, or such 
portion of the land or naval forces of the United 
States or of the militia as may be necessary to the 
performance of the duty with which they are 
charged, and to insure a faithful observance of 
the XVth Amendment to the Constitution of the 
United States; and such warrants shall run and 
be executed by said officers anywhere in the 
State orTerritory within which they are i.ssued. 

Sec. 9. That any person who shall knowingly 
and willfully obstruct, hinder, or prevent any 
officer or other person charged with the execu- 
tion of any warrant or process issued under the 
provisions of this act, or any person or pjersons 
lawfully assisting him or them, from arresting 
any person for whose apprehension such warrant 
or process may have been issued, or shall rescue 
or attempt to rescue such person from the cus- 
tody of the officer or other person or persons, or 
those lawfully assisting as aforesaid wlien so ar- 
rested, pursuant to the authority herein given 
and declared, or shall aid, abet, or assist any 
person so arrested as aforesaid, directly or indi- 
rectly, to escape from the custody of the officer 
or other person legally aiithorized as aforesaid, 
or shall harbor or conceal any person for whose 
arrest a warrant or process shall have been issued 
as aforesaid, so as to pjrevent his discovery and 
arrest after notice or knowledge of the fact that 
a warrant has been issued for the apprehension 
of such person, shall for either of said offenses be 
subject to a fine not exceeding $1,000 and im- 
prisonment not exceeding six months, by indict- 
ment and conviction before the district or circuit 
court of tlie United States for the district or cir- 
cuit in which said offense may have been com- 
mitted, or before the proper court of criminal 
jurisdiction, if committed within any one of the 
organized Territories of the United States. 

Sec. 10. That the commissioners, district attor- 
neys, the marshals, their deputies, and the clerks 
of tlie said district, circuit, and territorial courts 
shall be paid for their services the like fees as 
may be allowed to them for similar services in 
other cases. The person or persons authorized 
to execute the process to be issued by such com- 
missioners for the arrest of offenders against the 
provisions of this act shall be entitled to a fee 
of $10 for each person he or they may arrest and 
take before any such commissioner as aforesaid, 
with such other fees as may be deemed reasonar 
ble by such commissioner for such other additional 
services as may be necessarily performed by him 
or them, such as attending at the examination, 
keeping the prisoner in custody, and providing 
him with food and lodging during his detention, 
and until the final determination of such com- 
missioner, and in general for performing such 
other duties as may be required in the premises ; 
such fees to be made up in conformity with the 
fees usually charged by the officers of the courts 
of justice within the proper district or county, as 
near as may be practicable, and paid out of the 
Treasury of the United States on the certificate 
of the judge of the district within which the 



554 



POLITICAL MANUAL. 



arrest is made, and to be recoverable from the 
defendant as part of the judgment in case of con- 
viction. 

Sec. 11. That whenever the President of the 
United States shall have reason to believe that 
offenses have been or are likely to be committed 
against the provisions of this act within any ju- 
dicial district, it shall be lawful for him, in his 
discretion, to direct the judge, marshal, and dis- 
trict attorney of such district to attend at such 
place within the district, and for such time a-* he 
may designate, for the purpose of the more speedy 
arrest and trial of persons charged with a viola- 
tion of this act ; and it shall be the duty of every 
judge or other officer, when any such requisition 
shall be received by him, to attend at the place 
and for the time therein designated. 

Sec. 12. That it shall be lawful for the Presi- 
dent of the United States, or such person as he 
may empower for that purpose, to employ such 
part of the land or naval forces of the United 
States, or of the militia, as shall be deemed ne- 
cessary to prevent the violation and enforce the 
due execuiion of this act. 

Sec. 13. That whenever any person shall hold 
office, except as a member of Congress or of some 
State legislature, contrary to the provisions of 
the third section of the XlVth article of amend- 
ment of the Constitution of the United States, it 
shall be the duty of the district attorney of the 
United States for the district in which such person 
shall hold office as aforesaid to proceed against 
such person by writ of quo warranto, returnable 
to the circuit or district court of the United States 
in such district, and to prosecute the same to the 
removal of such person from office ; and any writ 
oi quo warranto sohrought as aforesaid shall take 
precedence of all other cases on the docket of the 
court to which it is made returnable, and shall 
not be continued unless for cause proved to the 
satisfaction of the court. 

Sec. 14. That any person who shall hereafter 
knowingly accept or hold any office under the 
United States or any State, to which he is ineli- 
gible under the third section of the XlVth arti- 
cle of amendment of the Constitution of the United 
States, or who shall attempt to hold or exercise 
the duties of any such office, shall be deemed 
guilty of a misdemeanor against the United States, 
and upon conviction thereof before the circuit or 
district court of the United States shall be im- 
prisoned not more than one year and fined not 
exceeding §1,000, and shall forever be disqualified 
to hold any office of honor, trust, or profit under 
the United States or any State. 

Sec. 15. That all persons within the jurisdic- 
tion of the United States sliall have the same 
right in every State and Territory in the United 
States to maKc and enforce contracts, to sue, be 
parties, give evidence, and to the full and equal 
benefit of all laws and proceedings for tlie secu- 
rity of person and property as is enjoyed by white 
citizens, and shall ue subject to like punishments, 
pains, penalties, taxes, licenses, and exactions of 
every Kind, and none other, any law, statute, 
ordinance, regulation, or custom to the contrary 
notwithstanding. No tax or charge shall be im- 
posed or enforced by any State upon any person 
emigrating thereto from a foreign country, which 
is not equally imposed and enforced upon every 



person emigrating to such State from any other 
foreign country, and any law of any State in con- 
flict with this provision is hereby declared null 
and void. 

Sec. 16. That any person who, under color of 
any law, statute, ordinance, regulation, or cus- 
tom, shall subject, or cause to bo subjected, any 
inhabitant of any State or Territory to the de- 
privation of any right secured or protected by 
this act, or to dillerent punishment, pains, or 
penalties, on account of such person being an 
alien, or by reason of his color or race, than is 
prescribed for the punishment of citizens, shall 
be deemed guilty of a misdemeanor, and on con- 
viction shall be punished by fine not excce'ding 
$1,000, or imprisonment not exceeding one year, 
or both, in the discretion of the court. 

Sec. 17. That the act to protect all persons in 
the United States in their civil rights, and fur- 
nish the means of their vindication, passed April 
9, 18G6, is hereby re-enacted ; and said act, ex- 
cept the first and second sections thereof, is here- 
by referred to and made a part of 'this act ; and 
section fifteen and section sixteen hereof shall be 
enforced according to the provisions of said act. 

Mr. Sherman moved to amend the substitute by 
adding the following sections: 

Sec. — . That if at any election for represent- 
ative or delegate in the Congress of the United 
States any person shall knowingly personate and 
vote, or attempt to vote, in the name of any other 
person, whether living, dead, or fictitious ; or vote 
more than once at the same election for any can- 
didate for the same office; or vote at a place where 
he may not be lawfully entitled to vote; or vote 
without having a lawful right to vote ; or do any 
unlawful act to secure a right or an opportunity 
to vote for himself or any other person; or by 
force, threat, menace, intimidation, bribery, re- 
ward, or offer, or promise thereof, or otherwise 
unlawfully prevent any qualified voter of any 
State of the United States of America, or of n.ny 
Territory thereof, from freely exercising the right 
of suffrage, or by any such means induce an}' voter 
to refuse to exercise such right; or compel or in- 
duce by any such means, or otherwise, any officer 
of an election in any such State or Territory to 
receive a vote from a person not legally qualified 
or entitled to vote; or interfere in auy manner 
with any officer of said elections in the discharge 
of his duties ; or by any of such means or other- 
wise induce any officer of an election, or officer 
whose duty it is to ascertain, announce, or declare 
the result of any such election, or give or make 
any certificate, document, or evidence in relation 
thereto, to violate or refuse to comply with his 
duty or any law regulating the same; or know- 
ingly and willfully receive the vote of any person 
not entitled to vote, or refuse to receive *he vote 
of any person entitled to vote; or aid, counsel, 
procure, or advise any such voter, person, or offi- 
cer to do any act hereby made a crime, or to omit 
to do any duty the omissiori of which is hereby 
made a crime, or attempt to do so, every such 
person shall be deemed guilty of a crime, and 
shall for such crime bo liable to indictment in anj- 
court of the United States of competent jurisdic- 
tion, and on conviction thereof shall be punished 
by a fine not exceeding $500, or by imprisonment 
for a term not exceeding three years, or both, in 



xvth amendment. 



555 



the discretion of the court, and shall pay Ae costs 
of prosecution. 

Sec. — . That if at any registration of voters 
for an election for representative or delegate in 
the Congress of the United States, any person 
shall knowingly personate or register, or attempt 
to register, in the name of any other person, 
whether living, dead, or fictitious, or attempt to 
register at a place where he shall not be lawfully 
entitled to register, or register or attempt to reg- 
ister not having a lawful right so to do, or do 
any unlawful act to secure registration for him- 
self or any other person, or by force, threat, 
menace, intimidation, bribery, reward, or offer, 
or promise thereof or otherwise, unlawfully pre- 
vent or hinder any person having a lawful right 
to register from duly exercising such right; or 
compel or induce by any such means, or other- 
wise, any officer of registration to admit to reg- 
istration any person not legally entitled thereto; 
or interfere in any manner with any officer of 
registration in the discharge of his duties; or by 
any such means, or otherwise, induce any officer 
of registration to violate or refuse to comply with 
his duty or any law regulating the same; or 
knowingly and willfully receive the vote of any 
person not entitled to vote, or refuse to receive 
the vote of any person entitled to vote, or aid, 
counsel, procure, or advise any such voter, per- 
son, or officer to do any act herebj^ made a crime, 
or to omit any act the omission of which is made 
a crime, every such person shall be deemed guilty, 
of a crime, and shall be liable to indictment and 
punishment therefor, as provided in the first sec- 
tion of this act for persons guilty of any of the 
crimes therein specified. 

Sec. — . That if any person shall, by force, 
threat, menace, intimidation, or otherwise, un- 
lawfully prevent any citizen or citizens from 
assembling in public meeting, to freely discuss 
or hear discussed the claims or merits of any 
candidate for the office of President or Vice 
President or elector thereof, or representative or 
delegate in Congress, or of any officer of the 
Government of the United States ; or the laws 
or measures of Congress, or any measure ex- 
isting, pending, or proposed, affecting the Gov- 
ernment of the United States, or any depart- 
ment or officer thereof; or if any person shall by 
any such means break up, disperse, or molest 
any such assemblage, or molest any citizen in or 
of such assemblage, every person so offending 
shall be deemed guilty of a crime, and shall be 
liable to indictment and punishment therefor, as 
provided in the first section of this act for persons 
guilty of any of the crimes therein specified. 

Which was disagreed to. 

Mr. Hamlin moved to add the first two sec- 
tions proposed by Mr. Sherman, which was 
agreed to — yeas 31, nays 12, as follow : 

Ykas— Messrs. Abbott, Carpenter, Chandler, Cole, 
Corbett, Cragin, Flanagan, Hamlin, Harlan, Harris, 
Howell, McDonald, Morrill of Maine, Morton, Nye, 
Osborn, Patterson, Pomeroy, Pratt, Ramsey, Revels, 
Rioe, Sawyer, Scott, Spencer, Sprague, Stewart, Sum- 
ner, Thayer, Warner, Yates— 31. 

Nays — Messrs. Casserh/, Davis, Fowler, Hamilton of 
Maryland, Johnston, McCreery, Pool, Ross, Stockton, 
Thmman, Vickers, Willey — 12. 

Mr. Morton moved to insert the following, to 
eome in as the fifth section of the bill: 



That if any person shall prevent, hinder, con- 
trol, or intimidate, or shall attempt to prevent, 
hinder, control, or intimidate, any person from 
exercising or in exercising the right of suffrage, 
to whom the right of suffrage is secured or guar- 
antied by the XVth Amendment to the Consti- 
tution of the United States, by means of bribery, 
threats, or threats of depriving sucli person of 
employment or occupation, or of ejecting such 
person from rented house, lands, or other prop- 
erty, or by threats of refusing to renew leases or 
contracts for labor, or by threats of violence to 
himself or family, such person so offending shall 
be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than 
$500 and be imprisoned not less than one month 
and not more tlian one year. 

Which was agreed to — yeas 36, nays 9, as fol- 
low: 

Yeas— Messrs. Abbott, Anthony, Carpenter, Chand- 
ler, Cole, Corbett. Cragin, Flanagan, Hamlin, Harlan, 
Harris, Howell, McDonald, Morrill of Maine, Morton, 
Nye, O.sborn, Patterson, Pomeroy, Pool, Pratt, Ram- 
sey, Revels, Rice, Ross, Sawyer, Scott, Spencer, 
Sprague, Stewart, Sumner, Thayer, Warner, Willey, 
Williams, Yates— .3R. 

Nats — Messrs. Casserly, Davis, Fowler, Hamilton of 
Maryland, Johnston, McCreery, Stockton, Thurman, 
Vickers — 9. 

Mr. Davis moved to amend, by inserting the 
following additional section: 

Sec. — . That no person shall enter into, hold, 
or attempt to exercise the powers or perform 
the duties of any office or public trust, which 
the Constitution or laws require to be filled by 
vote of the people, unless he shall have received 
at the election therefor a greater number of the 
votes of the electors entitled to vote at such 
election than any other candidate ; and all per- 
sons entering into, holding, or attempting to ex- 
ercise the powers or perform the duties of such 
office or public trust shall thereby commit a 
high misdemeanor, for which they shall be sub- 
ject to indictment and punishment of imprison- 
ment for not less than one or more than five 
years, and fine of not less than $1,000 or more 
than $5,000, one-half thereof to go to the in- 
former; and all treasury officers settling, passing, 
or paying any claim or account for pay or com- 
pensation of any kind of any person entering 
into or holding, or attempting to exercise the 
powers or perform the duties of any office or 
public trust, against the provisions of this sec- 
tion, shall be guilty of a misdemeanor, thereby 
forfeit and be disqualified to hold his place, and 
be subject to indictment and punishment of im- 
prisonment for not less than twelve months, and 
fine of $1,000, one-half to the informer. All 
persons entering into, holding, or attempting to 
exercise the powers or perform the duties of any 
office or public trust, against the provisions of 
this section, shall also be subject to the civil suit 
of any person injured thereby. 

Which was disagreed to. 

Mr. Pool moved to insert as sections 6 and 7 
the following: 

Sec. — . That if two or more persons shall band 
or conspire together, or go in disguise upon the 
public highway, or upon the premises of another, 
with intent to violate any provision of this act, 
or to injure, oppress, threaten, or intimidate any 



666 



POLITICAL MANUAL. 



citizen with intent to prevent or hinder his free 
exercise and enjoyment of any right or privilege 

f;ranted or secured to him by the Constitution or 
aws of the United States, or because of his hav- 
ing exercised the same, such person sliall be held 
guilty of felony, and on conviction thereof shall 
be fined and imprisoned; the fine not to exceed 
$5,000, and the imprisonment not to exceed ten 
years; and shall, moreover, be thereafter ineli- 
gible to, and disabled from holding, any ofEce or 
place of honor, profit, or trust, created by the 
Constitution or laws of the United States. 

Sec. — . That if in the act of violating any 
provision in either of the two preceding sections, 
any other felony, crime, or misdemeanor shall be 
committed, the offender, on conviction of such 
violation of said sections, shall be punished for 
the same with such punishments as are attached 
to like felonies, crimes, and misdemeanors by the 
laws '-'' the State in which the offense may be 
committed. 

Which was agreed to. 

Mr. Pool moved to strike out the twelfth sec- 
tion and insert as follows : 

That the President of the United States may 
employ in any State such part of the land and 
naval forces of the United States, or of the mil- 
itia, as he may deem necessary to enforce the 
complete execution of this act; and with such 
forces may pursue, arrest, and hold for trial all 
persons charged with the violation of any of the 
provisions of this act, and enforce the attendance 
of witnesses upon the examination or trial of 
such persons. 

Which was disagreed to — yeas 6, nays 34, on 
a division. 

Mr. Willey moved to strike out of the second 
section the following words: 

For every such offense forfeit and pay the sum 
of $500 to the person agfi;rieved thereby, to be 
recovered by an action oa the case, with full 
costs and such allowance for counsel fees as the 
court shall deem just, and shall also 

Which was disagreed to — yeas 21, nays 27, as 
follow : 

Yeas — Messrs. Anthony, Casserh/, Davis, Fowler, 
HamUton of Maryland, Hamlin, Harlan, Howell, Johns- 
ton, McCreeri/, Patterson, Pomeroy, Pratt, Ross. Scott, 
Stockton, Thurman, Vichers, Willey, Williams, Yates — 
21. 

Nays — Messrs. Abbott, Cameron, Carpenter, Chand- 
ler, Cole. Corbett, Cragin, Flanagan, Hamilton of Te.xas, 
Harri.s. Howard, Howe, Mc-Donald, Nye, Osborn, Pool, 
Ramsey, Revels, Rice, Robertson, Sawyer, Spencer, 
Spragno. Stewart, Sumner, Thayer, Warner— 27. 

Mr. Carpenter moved to amend by adding the 
followiirg section: 

. Sfx'. — . That any person who shall be deprived 
of or fail to be elected to any office, except that 
of m&mber of Congress or member of a State leg- 
islature, by reason of a violation of any of the 
provisions of this act, or by reason of the denial 
to any citizen of tlie rigiit to vote on account of 
his rare, color, or j)revious condition of servitude, 
shall be entitled to hold such office and perform 
the duties and receive the emoluments thereof, 
and may recover the possession of such office by 
quo warranto or other appropriate proceeding in 
the circuit or district court of the tJnited States 
for the ]>ro[ier district, or in any State court hav- 
ing jurisdiction of such proceedings. 



Which was agreed to — yeas 24, nays 22, as 
follow: 

Yeas— Messr.«. Cameron, Carpenter, Chandler. Cole, 
Cr.igin. Flanagan, Gilbert, Hamilton of Texas, Harris, 
Howe. HowoU, McDonald. Nye", Osborn, Ramsey, Rev- 
els, Rice, Robertson, Sawyer, Spencer, Stewart, Sum- 
ner, Thflyer, Warner — 24. 

Nays — Messrs. Abbott, Casserh/. Corbett, Davis. Ham- 
Uton of Maryland, Harlan. Woward, Johnston, McCrcery, 
Morton, Pomeroy, Pool. Pratt, Ross. Scott, Stockton, 
Thurman, Trumbull, Vickers, Willey, Williams, Yate.s — 
22. 

Mr. Williams moved to strike out of the eighth 
section the words "or such portion of the land or 
naval forces of the United States or of the mili- 
tia." 

Which was disagreed to — yeas 12, nays 3S, as 
follow : 

Yeas — Me.flsrs. Casserlji, Davis, Fowler, Hamilton of 
Maryland, Johnston, McCreeri/. Ross, Sprague, Stockton, 
Thurman, Vickers, Williams — 12. 

Nays— Messrs. Abbott, Brownlow, Cameron, Carpen- 
ter, Chandler, Cole, Corbett, Cragin. Flanagan, Hamil- 
ton of Texas, Hamlin, Harlan, Harris. Howard, Howe, 
Howell, McDonnld, Morton, Nye, Osborn, P.attorson, 
Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Robert- 
son, Savvyer, Scott, Spencer, s'tewart, Sumner, Thayer, 
Trumbull, Warner, Willey, Yates— 3«. 

Mr. Scott moved to strike out the third section 
of the substitute, which was disagreed to — yeas 
14, nays 33, as follow : 

Yeas — Messrs. Anthony. Casserlv, Davis, Fowler, Ham- 
ilton of Maryland. Howell, Johnston, McCrcerji, Ross, 
Scott. Stockton. Thurman, Vickers, Williams — 14. 

Nays — Messrs. Abbott. Brownlow, Cameron, Carpen- 
ter, Chandler. Cole, Corbett. Cragin, Flanagan. Gilbert, 
Hamilton of Texas, Hamlin, Harlan, Harris, Howe, 
McDonald, Morrill of Maine, Nye. O.'iliorn, Pomeroy, 
Pool. Pratt. Ramsey, Revels. Rice, Robertson, Sawyer, 
Spencer, Stewart, Sumner, Thayer, Warner, Yates — 33. 

Mr. Vickers moved to amend the fourth sec- 
tion by inserting in the first line after the words 
"That if," the words "under or by color of State 
authority;" which was disagreed to — yeas 9, 
nays 41, as follow : 

Yeas— Mes.srs. Casserh/, Davis, Fowler. Hamilton of 
Maryland, Johnston, McCreery, Stockton, Thurman, Vick- 
ers — 9. 

Nays— Messrs. Abbott, Anthony. Brownlow, Cameron, 
Carpenter, Chandler, Cole, Corbett, Cragin, Flanagan, 
Gilbert, Hamilton of Texas. Hamlin, Harlan, Harris, 
Howard, Howe, Howell, McDonald, Morrill of Maine, 
Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, 
Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spen- 
cer, Stewart, Sumner, Thayer, Trumbull, Warner, Wil- 
liams, Yates — 41. 

Mr. Casserly moved to strike out the words 
"and such allowance for counsel fees as the court 
shall deem just" wherever they occur in the bill; 
which was disagreed to — yeas 10, nays 39, as 
follow : 

Yeas — Messrs. Casserly. Davis, Fowler, Hamilton of 
Maryland, Johnston, McCreery, Ross, Stockton, Thurman, 
Vickers— W. 

Nays — Messrs. Abbott, .\nthony, Brownlow, Cameron, 
Carpenter, Chandler, Cole. Corbett, Cr.agin, Flanagan, 
Gilbert, Hamilton of Texas. Hamlin, Harlan, Hams, 
Howard, Howe, Howell, McDonald, Morton, Nye, Os- 
born, Patterson, Pomeroy Pool, Pratt, Ramsey. Revels, 
Rice, Robertson, Sawyer, Scott, Spencer, Stewart, 
Sumner, Thayer, Warner, Williams, Yates — ■'59. 

Mr. Howard moved to amend section four by 
striking out the word "attempt" and inserting 
the words "shall combine or confederate with 
others;" which was agreed to. 

With some verbal amendments the bill was 
passed — yeas 43, nays 8, as follow: 

Yeas — Messrs. .\bbott, Anthony, Brownlow, Cameron, 
Carpenter, Chandler, Colo, Corbett, Cragin, Flanagan, 



xvth amendment. 



557 



Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, 
Howard, Howe, Howell, McDonald, Morrill of Maine, 
Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, 
Ramsey, Revels, Rice, Ross, Sawyer, Se'ott, Spencer, 
Sprague, Stewart, Sumner, Thayer, Trumbull, Warner, 
Willey, Williams, Vates— 13. 

Nays— Messrs. Cassrrhi, Davis. Fowler, ITainUton of 
Maryland, Johnston, McCreery, Thurman, Vickers — S. 

The Senate amendments were disagreed to by 
the House and a committee of conference asked 
and granted, which reported to both houses the 
bill as finally passed, as above. 

VOTES OF THE STATE LEGISLATURES ON THE 
PROPOSED xvth AMENDMENT TO THE CON- 
STITUTION OF THE UNITED STATES.* 

Alabama. 

Senate, November 16, 1869. 

Yeas — Messrs. R. N. Barr, F. G. Bromberg, 
W. M. Buckley, D. E. Coon, J. A. Farden, J. T. 
Foster, W. W. Glass, Burrell Johnston, W. B. 
Jones, Philip King, Thomas Lambert, Benjamin 
Lentz, G. T. McAfee, J. W. Mabry, J. W. Mahan, 
W. B. Martin, William Miller, J. F. Morton, John 
Oliver, J. L. Pennington, J. D. F. Richards, B. 
F. Royal, H. C. Sanford, D. V. Sevier, I. D. Sib- 
ley, J. P. Stow, H. H. Wise, C. 0. Whitney, F. D. 
Wyman, J. A. Yordy— 30. 

Nay— Mr. A. N. Worthy— 1. 
House of Representatives, November 16, 1869. 

Yeas — Messrs. Benjamin Alexander, T. W. 

Armstrong, William Alley, John R. Ard, 

Austin, E W. Attaway, Matt. Avery, Alfred 
Baker, M. R. Bell, Samuel Blanden, Warren A. 
Brantley, N. A. Brewington, Pierce Burton, 
Richard Burke, John Carraway, E. T. Childress, 
W. R, Chisholm, John W. Coleman, George W. 
Cox, J. W. Daniels, John W. Dereen, Thomas 
Diggs, Joseph Drawn, A. Emmons, Thomas D. 
Fister, J. R. Greene, G. W. Haley, John Hardy, 
R. E. Harris, John A. Hart, William Henderson, 
D. H. Hill, A. L. Holman, George Houston, D. 

C. Humphrej's, E. F. Jennings, Jones, P. A. 

Kendrick, S. F. Kenemer, Horace King, E. W. 
Lawrence, G. Lewis, Thomas Masterson, 0. W. 

Malone, Jeff. McCall, T. W. Newsom, Nin- 

ninger, Rice, A. G. Richardson, Justin Ro- 

nayne, Edward Rose, Thomas Sanford, C. P. Sim- 
mons, W. G. W. Smith, S. Speed, H. J. Spring- 
field, T. C. Steward. Paul Strobach, W. L. Tay- 
lor, John Taylor, William Taylor, H. Thompson, 
Charles T. Thweatt, William V. Turner, James 
Vanzandt, Spencer Weaver, George White, L. J. 
Williams, B. R. Wilson, Jack Wood, George F. 
Harrington, Speaker — 71. 

Nays — Messrs. W. T. Broivn, W. D. Humphrey, 
J. P. Hubbard, W. F. Hunt, Jacob Magee, Wil- 
liam Mastin, J. G. Moore, E. J. Manseli, William 
Murrah, Adolph Proskauer, James A. Peeves, Ry- 
land Randolph, H. C. Tompkins, 0. Tucker, Jack- 
son Tyner, J. M. Walker — 16. 

California. 

Both houses rejected the amendment at the 
late session of the legislature, but an application 
for a copy of the vote was not granted. The 
vote is understood to have been a party one — 
the Republicans supporting, the Democrats re- 
jecting, the amendment. 



*See pp. 4S8 to 49S, Manual of 1869, for the rest of the 
votes in State Legislatures. 



Delaware. 

Senate, March 17, 1869. 

Yeas — Messrs. Curtis B. Ellison, John G. Jack- 
son — 2. 

NAYS^Messrs. Jacob Bounds, Thomas H. Den- 
ney, Chas. Gooding, John W. Hall, John H. Payn- 
ter, Geo. Russell, James Williams, Speaker — 7. 
House of Repuerentatives, March 18, 1869. 

Yeas— 0. 

Nays — Messrs. John G. Bacon, Geo. F. Brady, 
John A. Brown, Lot Cloud, Isaac Connoway, Ja- 
cob Deakyne, William Dean, Shepard P. Houslon, 
Thomas J. Marvel, Philip C. Matthews, Whiteley 
W. Meredith, Robert J. Reynolds, Peter Robinson, 
Albert H Silver, William B. Tomlinson, Joseph W. 
Vandegrift, H. C. Wolcott, J. Hickman, Speaker — 

19. 

Georgia-* 

Senate, February 2, 1870. 

Yeas — Messrs. W. F. Bowers, H. A. Bradley, 
Walker Brock, T. G. Campbell, I. M. Coleman, 
N. Corbitt, John Dickey, J. L. Dunning, William 
Griffin, Joshua Griffin, John Harris, E. I. Higbee, 
McW. Plungerford, W. B. Jones, W. F. Jordan, 
J. H. McWhorter, J. C. Richardson, Josiah Sher- 
man, W. G. Smith, T. I. Speer, A. M. Stringer, 
J. W. Traywick, George Wallace, F. 0. Welch, 
Benjamin Conley, President — 25. 

Nays — Messrs. John T. Burns, M. A. Candler, 
J. a Fain, H. Hicks, A. W. Holcomb, W. T. 
McArthur, A. D. Nunnally, M. C. Smith, C. B. 
Wooten — 9. 

House of Representatives. 

Yeas — Messrs. James Allen, T. M. Allen, J. 

W. Atkins, Armstrong, W. R. Bell, I. M. 

Buchan, Marion Bethune, Eli Barnes, Richard 
Bradford, T. P. Beard, James Cunningham, W. 
C. Carson, AL Claiborne, A. Colby, J. T. Costin, 
G. H. Glower, T. G. Campbell, jr., J. H. Caldwell, 
Mat. Davis, J. M Ellis, James Fitzpatrick, Mon- 
day Floyd, W. A. Golden, Samuel Gardner, ■ 

Guilford, N. N. Gober, W. L. Goodman, W. B. 
Gray, Virgil Hillver, H. C. Holcomb, W. H. 
Harrison, W. H. F. Hall. J. F. Harden, A. Haren, 
J. P. Hutchings, W. F. Holden, Charles H. Hooks, 
U. L. Plouston, John Higdon, G. W\ Johnson, 

Charles 0. Johnson, P. Joiner, Jackson, G. 

Lastinger, W. A. Lane, George Linder, J. A. 
Madden, R. Moore, Plate Madison, J. T. McCor- 
mick, John B. Nesbitt, J. C. Nisbit, Peter O'Neal, 
R. M. Parks, S. G. Prudden, James Porter, W. P. 
Price, J. L. Perkins, A. R. Reid, A. Richardson, 
J. Mason Rice, P. Sewell, F. M. Smith, Abram 
Smith, S. L. Strickland, J. M. Sims, S. F. Salter, 
E. Tweedy, W. W. Watkins, John Warren, Hiram 
Williams, W. N. Williams, A. J. Williams, B. H. 
Zellars, R. Tj. McWhorter, Speaker — 75. 

Nays — Messrs. /. K. Barnum, M. R. Ballen- 
ger, W. G. Broivn. J. A. Cobb, C. C. Cleghorn, 
A. E. Clond,^ W. H. Clark, C. C. Duncan, W. S. 
Erwin, McK. Fincannon, H. R. Fclder, J. E. 
Gullatt, W. D. Hamilton, G. M. Hook, Har- 
ris, C. H. Kytlc, J. J. McArthur, J. W. Mathews, 
R. W. Phillips, N. J. Perkins, F. L. Pepper, 
Thomas F. Rainey, V. P. Sisson, Dunlaj) Scott, 
W. M. Tumlin, U. 0. Tate, W. G. Vinson, L. H. 
Walthal, L. C. A. Warren— 2'd. 



*See p. 489 for a former vote on same proposition. 



658 



POLITICAL MANUAL. 



Iowa. 

Senate, January 26, 1870. 

Yeas — Messrs. Benjamin F. Allen, Charles At- 
kins, Charles Bcardsle}', G. G. Bennett, Edward 
M. Bill, Henry (J. Buli.s, Frank T. Campbell, John 
M. Cathcart, James Chapin, Hans R. Ciaussen, 
Go."!r;re W. Couch, John N. Di.xon, William G. 
iJcnnan, Joseph Dysart. George E. Griffith, Joseph 
Grimes, A. 11. Hamilton, Joseph W. Havens, 
Theodore Hawley, James S. Hurley, Alexander 
B. Ireland, Isaac W. Keller, William Larrabee, 
Matthew Long, Robert Lowry, John I\IcKean, 
Samuel McNutt, I. J. Mitchell, Napoleon B. 
Moore, Benjamin F. Murray, Homer E. Newell, 
J. G. Patterson, Abial R. Pierce, Wells S. Rice, 
Robert Smith, Henry C. Traverse, Marcus Tuttle, 
Jacob G. Vale, W. F. Vermillion, John P. West, 
William P. Wolf, James D. Wright— 42. 

Nays — Messrs. / P Casady, Lewis B. Dunliam, 
Samuel II. Fairall, Liberty E. Fellows, F. M. 
Knoll, E. S. IlcCulloch, M. B. Mulkern—1. 
House of Representatives, January 20, 1870. 

Yeas — ]^Iessrs. C. C. Applegate, Delos Arnold, 
Joseph Ball, James W. Beatty, John Beresheim, 
Peter G. Bonewitz, Aaron Brown, Joel Brown, 
Caleb Bundy, William Butler, G. W. Butterfield, 
William 11. Campbell, T. B. Carpenter, John Car- 
ver, Aylett R. Colton, M. E. Cutts, Harwood G. 
Lay, David Dickerson, Charles Dudley, Samuel 
B. "Dumont, David T. Durham, Benjamin F. El- 
bert, William C. Evans, Amos S. Faville, John 
W. Green, William Harper, 0. C. Harrington, 
George D. Harrison, B. F. Hartshorn, Benjamin 
A. Haycock, Joseph Hobson, John F. Hopkins, 
William Hopkirk, Henry L. llufi", John D. Hun- 
ter, George W.Jones, John A. Kas.'^on, Benjamin 
F. Keables, James P. Ketcham, John F. Lacey, 
Daniel S. Lee, Anders 0. Lommen, John Mahin, 
Constant R. Marks, L T. McCoun, George PI. 
McGavren, William ^V. Merritt, J.D. Miles, Lewis 
Miles, jr., John L. Millard, Claudius B. Miller, 
John D. Miracle, John Morrison, jr., Samuel Mur- 
dock, J. G. Newbold, Cole Noel, Timothy 0. Nor- 
ris, Galusha Parsons, Henry 0. Pratt, Samuel H 
Rogers, Matthias J. Piohli's, George N. Rosser, 
Neal W. Rowell, John Russell, Cummings San- 
born, Thomas J. Sater, J. W. Satterthwait, Eras- 
tus Snow, Benjamin Spencer, 0. 0. Stanchfield, 
David Stewart, Joh.n Y. Stone, A. H. Stutsman, 
Alexander H.Swan, John H. Tait, Hamilton B. 
Taylor, Frederick Teale, Gillum S. ToUiver, Joim 
W.' Traer, J. Q. Tufts, Edgar A. Warner, Jesse 
Wasson, Horace B. Williams, George H. Wright 
—84. 

Nays — Messrs. David S. Bell, John Christoph, 
Thcophiliis Crawford, Emory DeGroat, James 
Dunne, Patrick Gibbons, Christian Hirschler, 
James M. Hood, John P. Irish, William Mills, 
Frederick O'Donnell, Pierce G. Wriyht — 12. 

Maryland. 

Sen.\te, February, 1870. 

YEAfy— 0. 

Nays — Messrs. Joshua Biyys, Nathan Browne, 
John Lee Carroll, James C. Clarke, Barnes Cnmp- 
ton, Isaac M. Denson, James T- Earle, Daniel 
Fields, James H. Grove, Eli J. Hcnkle, Daniel 
M. Henry, C. H. Hyland, Charles M. Jump, Wil- 
liam, Kimmell, G. Frederick Maddox, Lemuel 



Malone, John M. Miller, John C. Parker, W. 0. 
Sellman, Henry Snyder, Alfred Spates, William 
B. Stephenson, William E. Timmoni, William 
Welsh, George W. Wilson — 25. 

House of Delegates, February, 1870. 

Yeas— 0. 

Nays — Messrs. R. W. Baldwin, William Bald- 
win, Horatio Beck, George Biddlc, Thomas R. 
Blake, Noah Bowlus, Robert F. Braitan, John 

B. Brown, Daniel W. Cameron, William E. Col- 
lins, George Colton, John H. Cooper, Andrew G. 
Chapman, Edward S. W. Choate, Andrew J. 
Crawford, William H. Crouse, Samuel K. Dennis, 
James I. Duke, CharlfS S. Duvall, John F. Ehlcn, 
Isaiah Gardner, Robert J. W. Garey, William G. 
Gordy, Arthur P. Gorman, Thomas II. Hamil- 
ton, Alexander Hardcastle, E. L. F. Hardcastle, 
Benjamin H Harrington, Henry R. Harris, F. 
S. Hoblitzell, J. T. C. Hopkins, John H. Jordan, 
Anthony Kean, E. G. Kilbourn, George A. Kirk, 
Benjamin Lankford, E. C. Latrobe, Jefferson D. 
Loker, Fendall Marbury, William T. Markland, 
John H Marshall, Thomas Martin, John T. Mc- 
Creery, James L. McLane, William M. Merrick, 
John W. Mitchell, Thomas W. Morse, Jacob My- 
ers, Alexander Neill, John Owens, Henry Owings, 
George Percy, John R. Purnell, William Richards, 
J. Alfred Ritter, James B. Sauner, David Seibert, 
Columbus I. Shipley, George A. Shower. Jolin M. 
Standish, J. M. Street, J. Monroe Sword, John B. 
Thomas, Joel Thomas, James Touchstone, Ltwis 
Turner, jr., Grecnbury M. Watkins, James Webb, 
George Wells, John Welty, William White, John 

F. Wiley, William B. Wilmer, James Wilson, 
Airheart Winters, Richard Wooton — 87. 

Minnesota. 

Senate, January 12, 1870. 

Tf^EAS — Messrs. George F. Batchelder, J. B. 
Crooker, Charles Hill, W. S. Jackson, D. E. 
King, J. A. Latimer, J. A. Leonar^l, Samuel 
Lord, C. H. Pettit, William Pfaender, B. F. 
Smith, B. D Sprague, H. C. Wait— 13. 

Nays — Messrs. L. L. Ba.der, George L. Becker, 

C. F. Buck, D. L. Buell, J. N. Castle, R. J. Chew- 
ning, William Henry, William Lochren — 8. 

House of Representatives, January 13, 1870. 

Yeas — Messrs. B. Abbott, William Barton, Ole 
C. Bratrud, H. A. Brown, William L. Couplin, 
William Close, R. Crandall, Orin Densmore, Plen- 
ry Drought, John Gage, S, W. Graham, A. R. Hall, 
B. S. Larsen, William Lowell, John Miller, Wil- 
liam E. Potter, E. A. Rice, H. W. Rulifison, M. 
E. L. Shanks, Giles Slocum, Ch-arles Stewart, P. 
H. Swift, Isaac Thorson, Nathan Vance, C. H. 
Waterman, A. C. Wedge, W. C. Young, John L. 
Merriam — 28. 

Navs — Messrs. /o/i.?i Bullen, G. M. Cameron, S. 

G. Canfeld, John M. Cool, J. K. Cullen,John Flan- 
negan, A. J. Fowler, A- M. Fridlcy, William Jones, 
John F. Meagher, J. S- Norris, John A. Pfaar, J. 
H Pound, M. Scanlan, John L. Wilson — 15. 

Mississippi. 

Senate, January 15, 1870. 
YEA3--^Mei5srs. F. M. Abbott. Horatio N. Bal- 
lard, Charles Caldwell, Thomas W. Castles. H. 
L. Duncan, John Gartman, William H. Gibbs, 



xvth amendment. 



559 



Eobert Gleed, William Gray, William M. Han- 
cock, Thomas J. JIardi/, Stephen Johnson, Robert 
E. Leachman, Finis H. Little, Orange S. Miles, 
Green Millsaps, Albert T. Morgan, Alston My- 
gatt, Henry M. Paine, J. H. Pierce, Hiram R. 
Revels, W. S. Rushing, James C. Shoup, George 
S. Smith, WUliam T. Stricklin, Thomas W. 
Stringer, Charles A. Sullivan, and Alexander 
Warner — 28. 

Nays— 0. 
House op Representatives, January 17, 1870. 

Yeas — Mr. Speaker, F. E Franklin, Messr.'s. P. 
Balch, P. Barrow, /. L. Bolton, J. F. Boulden, 
C. M. Bowles, Rasselas Boyd, E. Buchanan, \V. 
S. Cabell. M. Campbell, G. Charles, C. W. Clarke, 
J. S. B. Coggeshall, V. A. Collins, J. P. Conner, 
E. Carrie, A. K Davis, W. H. Foote, H. M. Foley, 
C. A. Foster, 0. C. French, John Gillis, T. k. 
Gowan, if. C. Orier, E. Plandy, W. W. Hart, E. 
P. Hatch, C. P. Head, W. L. Hnmningway, A. 
Henderson, J. L. Herbert, D. Higgins, William 
Hodges, G. Holland, W. Holmes, M. Howard, E. 
N. Hunt, H. P Jacobs, R. A. Johns. W. L. Jones 
of Marshall county, C. D. Landon, G. N. Lang- 
ford, H. W. Lewis, J. R. Lynch, C. W. Loomis, 
Henry Mayson, M. K. Mister, J. A. Moore, J. 
Morgan, L.,. A. Munson, M. T. Newsom, C. F. 
Norris, L N. Osborne, J. G. Owen, W. B. Owings, 

A. Parker, E. Phillips, J. H. Piles, Henry Pit- 
man, D. N. Quinn, A. S. Roane of Calhoun, W. 
,H. Roane of Pike, / F. Sessions, W. B. Snowden, 
J. J. Spelman, J. Stewart, E. H. Stiles, D, Stiles, 
J. M. Stone, H. M. Street, H. Taylor, B. G. Un- 
derwood, J. V. Walker, H. W. Warren, G. W. 
White, S. V. W. Whiting, W. B. Williams W. J. 
Willing, A. S. Wood— 79. 

Nats— 0. 

Missouri 

House of Representatives, January 7, 1870.* 
Yeas — Messrs. J. J. Akard, Benjamin Alsup, 
Thomas W. Allred, A. J. Baker, Francis P. 
Becker, T. S. Benefiel, John Bitman, John H. 
Bolin, Jacob S. Boreman, Tarlton Brewster, Wil- 
liam P. Browning, Henry Bruihl, C. C. Byrne, 
Daniel Clark, M. S. Courtright, D. S. Crumb, W. 
H. H. CundiiT, E. S. Davis, R. B. Dennv, R. T. 
Dibble, John H. DoUe, W. B. Elliott, A. W. Elli- 
son, Frank Eno, John W. Enoch, John F. Fas- 
sen, William J. Ferguson, E. P. Ferrell, John B. 
Freeman, A. L. Gibbs, James Gibson, John H. 
Glenn, R. T. Gladney, August Hackman, James 

B. Harper, Samuel Hays, J. T. K. Hayward, 
Asa F. Heely, Newton P. Howe, Anthony Ittner, 
Jesse Jennings, R. F. Johnson, T. H. Jones, 
Rufus D. Keeney, Oscar Kirkham, Milo S. Laugh- 
lin, Frank E. Lombar, J. M. Magner, James C. 
McGmnis, William H. McLane, G. W. L. Mitch- 
ell, Robert S. Moore, H. G. Mullings, Adolphus 
Munch, William N. Nalle, Thomas D. Neal, W. 
H. Norris, W. R. Pyle, C. R. Peck, James L. 
Powell, Joseph Pulitzer, J. M. Quigley, David C. 
Reed, John A. Rice, Constance Riek, J. P. Rob- 
ertson, Samuel E. Roberts, Frederick Roever, L. 
A. Rountree, Ozias Ruark, F. T. Russell, Louis 
Schulenberg, Milton F. Simmons, Sam. L. Smith, 
James Southard, T. J. Stauber, Edraon Stinson, 
David K. Steele, L. A. Thompson, James S. Todd, 



*Tlie fm-mer vote, on p. 494, Manual of 1869, was void 
through informality. 



J. D. Vickers, B. J. Wai<>rs, Conrad Weinrich, 
Jacob Yankee, J. Morris Young, John C. Orrick, 
Speaker — 86. 

Nays — Messrs. James T. Adarns, Emile P. 
Albert, W. H. Bennett, Joseph Bogy, W. H. 
Bowles, S. A. Brown, John G. Burton, Thomas 
Byriis, D. S. Caldwell, R. A. Campbell, N. C. 
Claiborne, G. William Collcy, T. G. Harris, Jesse 
Huffman, Garland Hurt, William Key, W. J. 
I^nott, William T. Leeper, F. L. Marchand, An- 
drew McElvain, John If. McMichael, C. J. Miller, 
John P. Murpliy, Sidney S. Neely, M. H. Phelav, 
Amos R. Phillips, James H. Rfcj^ua, Lucicn Sal- 
isbury, John Salyer, Edwin 8. Sebastian, Marion 
Sides, George D. Sloan, Robert Waide, Theodore 
F. Warner — 34. 

Nebraska. 

Senate, February 17, 1870. 
Yeas— Messrs. Tolbert Ashton, E. E. Cun- 
ningham, William Daily, Geo. W. Frost, Samuel 

A. Fulton, Charles H. Gere, William F. Good- 
will, Hiram D. Hathaway, Nathan S. Porter, 
Eugene L. Reed, Thomas B. Stevenson, Edward 

B. Taylor- 12. 

Nays — Mr. Guy C. Barnum — 1. 
House of Representatives, February 17, 1870. 

Yeas — Messrs. Wells Brewer, Sardius C. 
Brewster, Jarvis C Church, Samuel Carter, Jona- 
than Edwards, James Fitchie, Joseph Fox, J. F. 
Gardner, Joel T. Griffin, J. McF. Hagood, P C. 
Jones, Edwin Loveland, A. F. McCartney, David 
McCaig, Joseph McKeon, H. 0. Minick, Daniel 
S. Parmelee, Watson Parish, L. W. Pattison, 
Christian Rathman, Hinman Rhodes, F. R. 
Roper, Geo. L. Seybolt, Geo. R. Shook, Henry 
Stinemann, A. S Stewart, W. H. B. Stout, J. W. 
Talbot, Ezra Tullis, Anton Zimmerrer, William 
McLennan, Speaker — 31. 

Nays— Messrs. Marcus Brush, J. S. Hunt, C. 
A. Leary, C. A. Spieice — 4. 

New Hampshire.* 

Senate, July 1, 1869. 

The resolution ratifying the amendment was 
adopted without a division, there being eleven 
Senators in the body, as follow : 

John H. Bailey, Nathaniel Gordon, Joseph F. 
Kennard, Jolm Y. Mugridge, George C. Peavey, 
Ezra Gould, Oilman Scripture, -Jonas Livingston, 
Ellery Albee, Ira Colby, jr., John W.Barney. 

New Jersey. 

Senate, February 7, 1870. 

Yeas — Messrs. Jesse Adams, John C. Belden, 
Edward Bettle, George T. Cobb, Samuel Hopkins, 
James H. Nixon, John W. Taylor, John Torrey, 
jr.-8. 

Nays— Messrs. Edward H. Bird, Joseph G. 
Bowne, James J. Brinkerhoff', Calvin Corle, Rich- 
ard E. Edsall, Job H. Gaskill, John Hopper, 
Henry S- Little, Learning Rice, Amos Robins, 
(President,) Noah D. Taylor, James T. Wiley, 
John Woolverton—lu. 

House of Assembly, February 1, 1870. 

Yeas — Messrs. Thomas C. Alcott, William H. 



* For vote in House, see p. 494, Manual of 1S69. 



560 



POLITICAL MANUAL. 



Barton, Columbus Beacli, Thomas Beesley, Henry 
L. Bonsall, Albert M. Bradshaw, Albert A. Drake, 
David Evans, Charles F. H. Gray, C. P. Gurnee, 
James L. Gurney, Leonard F. Harding, William 
A. House, John Hunkele, Levi D. Jarrard, Far- 
rand Kitchell, James C. Norris, Benjamin H. 
Overheiser, Theodore W. Phosnix, Albert L Run- 
von, Joseph F. Sanxay, William R. Sayre, Wil- 
liam C. Sliinn, Abel I. Smith, John R. Staats, 
Henry W. Wilson, Nimrod Woolery — 27. 

Nats — Messrs. Leon Ahhctt, James W. Arrow- 
smith, S. B. Bcraus, Ferdinand Blauck, Williayn 
Brinkerhojf, Oeorcje E. Brown, Herman D. Busch, 
Hiram C. Clark, James B. Doremus, Levi French, 
Charles 0. Groscup, William W. Hawkins, Henry 
Hohhs, Henry A. Hopper, Charles 0. Hudnut, 
Samuel H. Hunt, John liurfler, John P. Lair, 
John J. Maxwell, Mathexo Murphy, Austin H 
Patterson, Abraham Perkins, Theodore Prohasco, 
Absalom B. Purcell, Hugh Reid, Jesse M. Sharp, 
William Silverthorn, Caleb H. Valentine, D. H. 
Van Mater, Samuel Whartman, Chauncey G. 
WilliamrS, and Eben Winton — 32. 

Bhode Island. 

House of Representatives,* Jamtari/ 18, 1870. 

Yeas — Mr. Speaker Benj. T. Fames, Messrs. 
William T. Adams, Edwin Aldrich, William D. 
Aldrich, Ferdinand H. Allen, Emor J. Angell, 
Lucius C. Ashley, Julius Baker, John H. Bar- 
den, William W. Blodgett, Baylies Bourne, Fran- 
cis Brinley, Joseph F. Brown, Henry Bull, jr., 
John T. Bush, Ezra J. Cady, Thomas G. Carr, 
John G. Childs, J. Hamilton Clarke, William H. 
Clarke, James C. Collins, Davis Cook, jr., Sala- 
din Cook, Edwin Darling, Daniel E. Day, Henry 
F. Drown, Edward L. Freeman, Henry T. Grant, 
George W. Greene, Richard W. Green, Mason W. 
Hale, David S. Harris, Stephen Harris, William 
S. Kent, Robert R. Knowles, William Knowles, 
George W. Lewis, Nathan B. Lewis, John Love- 
land, Jesse Metcalf, Francis W. Miner, Arlon 
Mowry, Jabez W. Mowry, George H. Olney, 
Samuel B. Parker, Charles H. Perkins, DeWitt 
C. Remington, William H. Seagrave, Ira 0. Sea- 
mans, William P. SheiBeld, Orrin W. Simmons, 
George T. Spicer, Joseph E. Spink, Horatio A. 
Stone, Albert M. Waite, William R. Walker, 
John E. Weeden, Joseph D. Wilcox, James M. 
Wright— 59. 

Nays — Messrs. George N. Bliss, Theodore P. 
Bogert, Raymond P. Colwell, Nathaniel B. Dur- 
fee, Edward Lillibridge, John C. Pegram, Wil- 
liam C. Rhodes, Samuel Rodman, jr., Nathaniel 
C. Smith, Nathan T. Ferry— 10. 

Tennessee. 

Senate, November 24, 1869. 

The resolution ratifying the amendment was 
referred to the Committee on Federal Relations, 
from which it has never been reported. 
House of Representatives,! November 16, 1869. 

Yeas — Messrs. J. H. Agee, Baker, Boyd, Eckel, 
Hunley, Layman, McConnell, McElwee, Scott, 
Singletary, Snodderly, and Yoakum — 12. 



*Queftion po.stponed from May, 18G9, as shown on p. 
487 Manual of ISiif). 

fTlio full names are not given here on account of 
Inability to obtain them. 



Nays — Messrs. Baber, Barry, Barton, Boyett, 
Bright, Caldwell, Cheatham, Clark of Jackson, 
Colville, Cox, Curl, Dunlap, Everett, Fleming, 
Glenn, Hampton, Harrison, Hinkle, Hornbcrger, 
James of Hamilton, James of Smith, J(/?if4', Kee- 
ney, Kclley, Kenney, King, Knight, Longacre, 
McGaughcy, Morrison, Neil, Nicks, Nixon, Pear- 
son, Rhea, Roach, Rose, Rosson, Russell of I'uth- 
erford, Saddler, Saunders, Sherrod, Slack, Smith, 
Spears, Steale, Stephens, Thomas, Towsand, Tuck- 
er, Walker, Warren, West, White, Wilson, Young, 
and Mr. Speaker Pearkins — 57. 

Texas. 

Senate, February 18, 1870. 

Yeas — Messrs. E L. Alford, Thomas H. Baker, 
John G. Bell, W. H. Bowers, E. T. Braughton, 
Don Campbell, D. W. Cole, E. L. Dohoncy, J. P. 
Douglass, W. Flanagan, S. W. Ford, A. K. Fos- 
ter, A. J. Fountain, Matt. Gaines, P. W. Hall, 
Theodore Hertzberg, H- R. Latimer, J. S. Mills, 
W. H. Parsons, B. J. Pridgen, E. L. Pyle, Henry 
Rawson, G. T. Ruby, W. A. Saylor— 24. 

Nays — Messrs. Samuel Evans, G. R. Shan- 
non — 2. 
House of Representatives, February 15, 1870. 

Yeas — Messrs. /. 0. Austin, J. A. Abney, C. 
L. Abbott, M. L. Armstrong, H. R. Allen, R. A. 
Allen, J. Abbott, J. D. Burnett, E. J. Becton, J. 
P. Butler, D. W. Burley, T. J. Chambers, L W. 
Cooper, S. CoUon, J. R. Cole, L. B. Camp, A. M. 
Cox, G. Dupree, W. W. Davis, A. Dorris, T. G. 
Franks, C. W. Gardner, F. E. Grothaus, C. T. D. 
Harn, J. P. Hill, J. J. Hamilton, G. T. Haswell, 
/. E. Hawkins, J. W. Johnson, C. Jenkins, M. 
Kendal, John W. Lane, A. F. Leonard, W. J. 
Locke, M. Manning, J. H. Morrison, H. Moore, 
W. P. McLean, J. R. McKee, J. F. McKee, S. 
Mullins, D. Medlock, R. L. Moore, /. W. Posey, 
W. C. Pierson, B. R. Plumly, W. Prissie, W. G. 
Robinson, F. Schleckum, G. H. Slaughter, W. H. 
Sinclair, W.Sherriii", W. B. Stirman, E. L. Smith, 
C. J. Stockbridge, B. S. Shelburn, J. Schutze, F. 
Tegner, 8. S. Weaver, B. F. Williams, H. W. 
Young, J. B.York, H. C. Youngkin, R. Zapp, and 
A. Zoller— 65. 

Nays — Messrs. <S^. /. Adams, H. C. Ellis, W. 
A. Gaston, W. E. Hughes, F. Kyle, B. B. Lacy, 
J. H Miller, E. L. Robb, T. E. Ross, J. G. 
Smith— 10. 

Vermont. 

Senate. October 20, 1869. 

Yeas— Messrs. Grenville G. Benedict, Asa R. 
Camp, William Collamer, Lucius Copeland, George 
N. Dale, Albert G. Dewey of Windsor, Jerry E. 
Dickerman, William G. Elkins, Roswell Farnham, 
David Goodell, Ezra B. Green, A. B. Halbert, 
Harley M. Hall, J. H. ILastings. Charles H. Heath, 
William R. Hutchinson, James Hutchinson, jr., 
Rollin J. Jones, Jedd P. Ladd, George A. Merrill, 
William P. Nash, Franklin H. Orvis, William M. 
I'ingry, Homer E. Royce, Robert J. Saxe, Hoyt 
H. Wheeler— 26. 

Nays— 0. 
House of Representatives, October 19, 1869. 

Yeas — Messrs. David C. Abbott, Stephen Al- 
den, Andrew S. AUis, Joseph Andrew, Lyman 



xvth amendment. 



561 



Batcheller, John Bailey, jr., Frederick H. Bald- 
win, George A. Ballard, J. Warren Barnep, Fay- 
ette Barney, George Barrett of Weathersfield, 
Jonas R. Bartlett, William H. Bebee, Julius B. 
Benedict, George Benton, John Bigelow, Lewis 
H. Bisbee, Saul Bishop, George O. Boyce, Caleb 
B. Brewer, George B. Brewster, Sumner Briggs, 
Asa Brigham, Charles W. Brigham, Jerome B. 
Bromley, Ebenezer B. Brown, William C. Brown, 
Horatio N. Bull, Oscar E. Butterfield, James Car- 
dell, Hiram Carleton, Benjamin F. D. Carpenter, 
Charles Chamberlin, Charles Chase, T. Abel Chase, 
Howard Clark, Nathan S. Clark, Jason Clark, 
Lewis Cobb, James A. Coburn, Mason S. Colburn, 
Chauncey H. Conkey, David Cook, Edwin S. Cook, 
Seth F. Cowles, Sumner Curtis, Ezra F. Darling, 
Leonard W. Day, William Deming, Asa M. Dick- 
ey, Jonathan B. Dike, Josiah B. DivoU, Chester 
B. Dow, William P. Downing, Stephen L. Dutton, 
Frederick P. Eaton, Alanson Edgerton, Ezra Ed- 
Bon, Jacob Estey, Edson Farman, Jona B Farns- 
worth, John Farrar, Joseph C. Fenn, James K. 
Foster, George P. Foster, EzraS. Freeman, Barnes 
Frisbie, John H. Gambell, Nelson Gay, David N. 
Gibb, George GilBn, jr., Philip K. Gleed, William 
GofF, George Goodell, George S. Goodrich, Henry 
H. Goodsell, Marcus D. Grover, Emerson Hall, Jo- 
siah L. Hamblet, John 0. Hamilton, Samuel Har- 
rington, Ivoyal D. Hedden, Rufus N. Hemenway, 
Charles Hewitt, Ansel L. Hill, Calvin Hill, Ly- 
man G. Hinckley, Charles B. Holden, William C. 
Holman, Benjamin A. Holmes, Lyman W. Holmes 
of Waterville, Joel Holton, Orman P. Hooker, 
Heman Hopkins, jr., John P. Hoskison, A. S. 
Howard, Asahel H. Hubbard, Julius A. Hum- 
phrey, Samuel S Hunt of Guilford, Loyal Hun- 
tington, Elisha B. Hurd, Luther H. Hurlburt, 
John V. S. Isham, Lyman Jackson, Andrew Jack- 
son, Samuel R Jenkins, Elias L. Jewett, John 
Johnson, William Johnson, Charles H. Joyce, 
George B. Keeler, Phineas A. Kemp, Isaac K. 
Kenaston, Silas G. King, Aaron N. King, Harvey 
N. Kingsbury, John Kinsley, Alfred H. Knapp, 
Willard Kneeland, Melvin A. Knowlton, Charles 
I. Ladd, James R. Langdon, Jabez W. Langdon, 
Martin Leonard, Joseph P. Long, Joel Lyman, 
Isaac A. Manning, Augustus M. Marsh, John L. 
Mason, Nathaniel C McKnight, Gardner Merrill, 
Timothy C. Miles, Ephraim Moore, Ira A. Morse, 
Lucius P. Mowry, Isaac J. Nichols, Luther A. 
Nichols, Joseph Nickerson, Julius N. North, 
George N. Ober, Frank E. Ormsby, Carrol S. Page, 

Paine, Harry B. Parker, James Parker, 

Daniel P. Peabody, Francis Phelps, Horatio S. 
Pierce, Milo Pierce, Joseph H. Pratt, Joseph Pur- 
mort, Marcus S. Reed, Philemon Remington, Ed- 
ward J. Reynolds, Jotham S. Rice, Lorenzo Rich- 
mond, Jesse J. Padley, Henry B. Ripley, Oscar 
P. Rixford, Abraham R. Ross, Noah B. Safford, 
Charles A. Scott, George Severance, William H. 
Silsbj^ Isaac M. Smith, Oliver Smith, Homer H. 
Southwick, Eugene H. Spaulding, Marshal W, 
Stoddard, Alpheus H. Stone, Cyrus W. Strong, 
Andrew J. Taylor, Albin L. Thompson, Josepli 
Underwood, Asahel Upham, Torrey E. Wales, 
William W. Walker, Henry A. Walker, George 
B. Warner, Edwin W. Washburn, Frederick A. 
Way, Walter A. Weed, Merrick Wentworth, Far- 
well Wetherby, Samuel E. Wheat, Eugene P. 
Wheeler, Joseph W. Wheelock, Edwin C. White, 
James E. White, Erastus Whitney, John Willey, 



Henry B. Williams, Horace G. Wood, Albert 
Worcester, Pliney Wright, George W. Grandey, 
Speaker — 196. 

Nays — Messrs. G. TV. Aiken, Patrick Barrett, 
Josiah F. Brir/ham, Almoii L. Clark, Ghanning 
Hazeltine, Rolliii W. Holbrooh, Ahial C. Pahner, 
Fred. Parks, James M. Peak, Thomas Pollard, 
James M. Soule, George Wooster of Marsh field — 
12. 

Virginia. 

Senate, October 8, 1869. 

Yeas — Messrs. Abner Anderson, William A. 
Anderson, William P. Austin, E S. Beazlcy, J. 
W. D. Bland, Charles Campbell, David G. Carr, 
A. R. Courtney, A. M. Davis, Thomas P. Fitz- 
patrick, James Milton French. James S. Greever, 
D. A. Grimsley, Marcus A. Harris, F. W. Has- 
kell, Charles Herndon, George H. Kindrick, T. 
N. Latham, Meriwether Lewis, William T. Mar- 
tin, E. W. Massie, William P. Moseley, Frank 
Moss, Robert L. Owen, James Patterson, W. K. 
Pen-in, John E. Penn, Washington L. Riddick, 
John Robinson, John E. Roller, J. Ambler Smith, 
Normand Smith, William D. Smith, Edgar Snow- 
den, jr., Thomas E. Taylor, W. H. Taylor, George 
Teamoh, William R. Terry, Joseph Waddell, 
Franklin Wood— 40. 

Nays — Messrs. Abel T. Johnson, Isaiah L. Ly- 
ons — 2. 
House of Representatives, October 8, 1869. 

Yeas — Messrs. William H. Andrews, W. W. 
Arnett, John W. Ashby, George R. Atkinson, Jacob 
S. Atlee, Edmund R. Bagwell, William Bartlett, 
Henry Bell, H. M. Bell, Augustus Bodeker, Stith 
Boiling, Henry Bowen, Henry M. Bowden, Philo 
Bradley, Cary Breckinridge, William H. Brisby, 
L. C. Bristow, Lewis H. Bryant, William A. Bry- 
ant, Isaac D. Budd, John W. Bullman, Richard 
U. Burgess, Robert C. Burkholder, Josiah L. Camp- 
bell, J. T Chase, M. H Clark, A. B. Cochrane, 
Walter Coles, Henry Cox, John B. Crenshaw, John 
W. Daniel, Addison Davis, S. M. Dodge, John 
Dugger, Isaac Edmundson, B. T. Edwards, George 
Fayerman, L. H. Frayser, A. N. Fretz, /. H Ful- 
ton, W. J. Fulton, George K. Oilman, T. H Gos- 
ney, George Graham, G. W. Graham, George H. 
T. Greer, Marshall Hanger, Benjamin N. Hatcher, 
Job Hawxhurst, B. G. Haynie, Henry B. Hams- 
berger, J. C. Hill, James 0. Henslcy, John Hen- 
son, C. E. Hodges, John Q. Hodges, John M. Hud- 
gin, Thomas P. Jackson, Reuben Johnson, B. F. 
Jones, James D. Jones, R. G. W. Jones, AM. Keiley, 
James Keith, John A. Kelly, J. H Kelly, Luther 
Lee, jr., Frank W. Lindsey, James Lipscomb, 
William Lovenstcin, F. W. Mahood, F. L. Mar- 
shall, Stephen Mason, Joseph H Massie, William 
Matthey, J. A. McCaull, Bernard McCracken, 
William McDonald, William McLaughlin, Robert 
A. Miller, David J. Miller, J. B. Miller, jr., Peter 
G. Morgan, Samuel B. Morrison, John R. Moss, 
Benjamin H Moultoyi, Rufus A. Murrell, J. H. 
Noble, F. S. Norton, Robert Norton, Alexander 
Owen, David Pannill, Thomas 0. Parramore, Rob- 
ert 0. Peatross, Caesar Perkins, F. M. Perkins, 
Robert B. Poore, John R. Popham, W. A. J. Potts, 
William H. Ragsdale, George L. Seaton, Arthur 
S. Seqar, Thomas M. Shearman, John H- A. Smith, 
G. H. Southall, S V. Southall, J C. Shelton, L. R, 
Stewart, John B. Strother, Josiah Tattum, WiL 



562 



POLITICAL MANUAL. 



liam F. B. Taylor, John F. Terry, E. F. Tiller, 
James C. Toy, David Thayer, C. Y. Thomas, John 
i?. Thurman, Smith S. Turner, George Walker, 
James W. Walker, jr., William J. Wall, John Wat- 
son, Watson R. AVentworth, D. B. Wliite, Ellis 
Wilson, William L. Williams, W. R Winn, W. W. 
Wood, B. L. Woodson, A. L. Woodworth, George 
Young, Zeph. Turner, Speaker — 132. 
Nays— 0. 

VOTES OF NEW YORK AND OHIO. THE FOR- 
MER ON RESCINDING A PREVIOUS RATIFI- 
CATION AND THE LATTER ON RATIFICA- 
TION AFTER A PREVIOUS REJECTION.* 

New York. 

Senate, January 5, 1870. 

Yeas — Messrs. A. Blcccker Banks, Isaiah Blood, 
John T. Bradley, William Cauldwell, Thomas J. 
Creamer, Samuel H. Frost, Henry W. Genet, Wil- 
liam M. Graham, John F. IIuhhard,jr., Jarv. Lord, 
George Morgan, Henry C. Murphy, Christopher 
F. Norton, Michael Norton, George H. Sanford, 
William M. Tweed— IG. 

Nats — Messrs. George Bowen, William H. 
Brand, Orlow W. Chapman, Augustus R. Elwood, 
George N. Kennedy, Loren L. Lewis, Theodore 
L. Minier, Abraham X. Parker, Allen D. Scott, 
Francis S. Tliayer, Norris Winslow, James Wood, 
William B. Woodin— 13. 

Assembly, January 5, 1870, 

Yeas — Messrs. Seymour Ainsworth, Orson M. 
Allahen, Francis B. Baldwin, George J. Bamler, 
Gershon Bancker, Daniel D. Barnes, James G. 
Bennett, William G. Bergen, John J. Blair, John 
Brovsn, Dennis Burns, Timothy J. Campbell, John 
Carey, Owen Cavanagh, Hugh M. Clark, Wil- 
liam W. Cook, William C Coon, Henry J. Cul- 
len, jr., John Davis, Daniel G. Dodge, Joseph 
Droll, John F. Empie, John L. Flagg, Richard 
Flanagan, Patrick J. Flynn, Alexander Frear, 
Isaiah Fuller, Abraham E. Hasbrouck, Odell S. 
Hathaway, Bernard Haver, John R. Hennessey, 
Morgan Horton, Abraham Howe, James Irving, 
John C. Jacobs, St. Ferrie Jerred, William C Jones, 
Lawrence D Kiernan, Charles H Krack, jr., 
John L. La Moree, Thomas J. Lanahan, Edward 
D. Lawrence, Thomas J. Lyon, Godfrey R. Mar- 
tine, Peter Mitchell, James J. Mooney, William 
W. Moseley, Michael C Murphy, Owen Murphy, 
William D. Murphy, Martin Nachtmann, James 
M. Nelson, Dennis 0' Keeffe, Edward L. Patrick, 
Lewis S. Payne, James B. Pearsall, George W. 
Plunkitt, Harry B. Ransom, Edward D. Ronan, 
James Shanahan, Brinley D. Sleight, William 
W. Snow, Robert R. Steele, Edward Sturges, Silas 
Sweet, John Tighe, Hiram Van Steenburgh, James 
Young, William Hitchman, Speaker — G9. 

Nays — Messrs. Thomas G. Alvord, Isaac V. 
Baker, jr., Matthew P. Bemus, John Berry, Al- 
bert li. Blossom, Alpheus Bolt, William Brad- 
ford, Samuel L. Brown, Volney P. Brown, W^il- 
liam W. Butterfield, J. Thomas Davis, Clayton H. 
De Lano, John 11. Deming, Jay Dimick, William 
H. Eaker, William M. Ely, Charles N. Flanagin, 
■(^Iharies Foster, James Franklin, George M. Glea- 
son, James S. Graham, Stephen S. Green, Amasa 
Hall, Stejihen S. IJowitt. Mjircus A. Hull, James 
W. Plusted, Eugene Hyatt, Richard Johnson, 
ieonard C. Kilham, De WittC. Littlejohn, Sam- 



• Sec pp. 405 and 4'JG, Munuiil of 1SU9. 



uel S. Lowery, Samuel T. Maddox, J. Warren 
Merchant, David M. Miner, David H. Mulford, 
Daniel A. Northrop, Lyman Oatman, Julius M. 
Palmer, John ^arker, Jay A. Pease, James H, 
Pierce, Henry Ray, William T. Remer, James 
Roberts, Lee R. Sanborn, James A. Seward, Gus- 
tavus Sniper, Thomas Stevenson, Nathan R. 
Tefft, Edward C. Walker, George N. West, John 
H. White, David E. Wilson, Orange S. Winans, 
Anson S. Wood, Charles S. Wright — 56. 

Ohio. 

Senate, January 14, 1870. 

Yeas — Messrs. John Bartram, James A. Bell, 
Abel M. Corey, Jerry Dunbar, Homer Everett, 
Moses D. Gatch, Michael Goepper, A. P. Howard, 
Homer C. Jones, Henry McKinney, Peter Odlin, 
Benjamin F. Potts, Joseph M. Root, Rodney M. 
Stimson, Worthy S. Streator, Deciers S. Wade, 
Thomas A. Welsh, Laurin D. Woodworth, Thomas 
H. Yeatman — 19. 

Nays — Messrs. James Amos, Charles Boe- 
sel, James M. Burt, Lewis D. Campbell, John 
Cowan, M. A. Daugherty, James Emmitt, Samuel 
T. Hunt, Adin G. Hibbs, WilUa-'i H. Holden, 
James R. Hubbell, James B. Jamison, A. E. Jcn- 
ner, L. B. Leeds, Nathan C. Lord, Hinchman S. 
Prophet, John L. Winner, John Woodbridge — 18, 
House of Representatives, January 20, 1870. 

Yeas— Messrs William Adair, R. W. Anderson, 
Bethel Bates, H. M. Bates, M. W. Beach, S. E. 
Blakeslee, E. Bogardus, A. H. Brown, Samuel 
C. Bowman, James Bradbury, George W. Brooke, 
John A. Brown, R. P. Cannon, A. J. Cunning- 
ham, H. W. Curtiss, R. B. Dennis, Joseph H. 
Dickson, William H. Enochs, Ed. H. Fitch, 
Samuel H. Ford, Robert C, Fulton, Thomas 
Geffs, Elijah Glover, Wilson W. Griffith, Samuel 
Hayward, A. Hill, B. L. Hill, George H. Hill, 
Peter Hitchcock, George A. Hubbard, William 
N. Hudson, Ellis N. Johnson, jr., Thomas F. 
Joy, E. F. Kleinschmidt, A. P. Lacey, John Lit- 
tle, J. K. Mower, A. Munson, W. 0. Parker, 
William Park, John A. Price, William Ritezel, 
James Sayler, R. M. Stanton, George W. Steele, 
James A. Sterling, Jarnin Strong, jr., Samuel N. 
Titus, J. C. Ullery, N. H. Van Vorhees, M. J, 
Williams, William S. Williams, John P. Wil- 
liamson, William W. Wilson, J. K. W^ing, Alfred 
Wolcott, G. I. Young— 57. 

Nays — Messrs. William T. Acker, William 
Armstrong, Isaac Anstill, R. P. L. Baber, George 
S. Baker, John Baker, Edward Ball, John Bet- 
telon, Daniel J. Callen, William T. Cessna, Joseph 
R. Cockerill, James E. Chase, Levi Colby, Wil- 
liam T. Conkling, Thomas A. Corcoran, James 
W. Devose, Ozro J. Dodds, Elias Ellis, E. H. 
Gaston, Lewis Green, Thomas I. Haldcman, 
James H. Hambleton, S. M. Heller, John L. 
Hughes, John D. Kemp, A. C Kile, John Kisor,. 
Jesse Leohner, John K. Love, John G. Marshall, 
Jason McVey, William Milligav , Samuel R.Mott, 
jr., William Pace, Thomas W. Peckinpaugh, 
Michael V. Ream, James Robinson, Henry 
Schirck, Henry SchoenJ'eldt , John Scitz, Aaron B. 
Shafer, William Shaw, Lewis W. Sifford, Gar- 
ret 'B. Smith, A. Soulc, E. T. Stickney, W. Still- 
well, John D. Thompson, E. M. Walker, A. Ward,- 
John A. Weyer, Clark White, John C. Waldron, 
William R. Wilson, Hiram W. Winslow — 55. 



LIV- 



LAND SUBSIDIES, 1827-1870. 



Grant to tne State of Indiana in aid of the 
Wabash and Erie Canal. 

The first grant of public lands for the purpose 
of aiding internal improvements was made to the 
State of Indiana for the Wabash and Erie canal, 
in 1827, by an act entitled "An act to grant a 
certain quantity of land to the State of Indiana 
for the purpose of aiding said State in opening 
a canal to connect the waters of the Wabash 
river with those of Lake Erie."* 

It provides: "That there be, and hereby is, 
granted to the State of Indiana, for the purpose 
of aiding the said State in opening a canal to 
unite at navigable points the waters of the Wa- 
bash river with those of Lake Erie, a quantity 
of land equal to one-half of five sections in width 
on each side of said canal, and reserving each 
alternate section to the United States, to be se- 
lected by the Commissioner of the Land Office, 
under the direction of the President of the Uni- 
ted States, from one end thereof to the other ; and 
the said lands shall be subject to the disposal of 
the Legislature of said State for the purpose afore- 
said, and no other: Provided, That the said canal, 
when completed, shall be and forever remain a 
public highway for the use of the Government of 
the United States, free from any toll or other 
charge whatever, for any property of the United 
States, or persons in their service, passing through 
the same : Provided, That said canal shall be com- 
menced within five years, and completed in 
twenty years, or the State shall be bound to pay 
to. the United States the amount of any lands 
previously sold, and that the title to purchasers 
under the State shall be valid." 

This act granted to the State of Indiana 1,439,- 
279 acres.f The bill was reported from the Com- 
mittee on Roads and Canals by William Hend- 
ricks, of Indiana, and passed both Houses by the 
following vote (politics not indicated): 
Iir Senate, February 13, 1827. 

Yeas — Messrs. David Barton, Ephraim Bateman, 
Samuel Bell, Thomas H. Benton, Dominique Bouligny, 
Ezekiel F.Chambers, Dudley Chase, John H.Eaton, 
William Henry Harrison, William Hendricks, John 
Holmes, Richard M. Johnson, Josiah 8. Johnston, 
Elias K. Kane, William Rufus Kins;, Nehemiah R. 
Knight, John McKinley, William Marks, James Noble, 
Thomas B. Reed, Henry M. Ridgely, Asher Robbins, 
Benjamin Ruggles, Horatio Seymour, Nathaniel SiLs- 
bee, Samuel Smith, Jesse B. Thomas, Calvin Wiiley — 
28. 

N.tYS — Messrs. John Branch, John Chandler, Thomas 
Clayton, Thomas W. Cobb, Mahlon Dicker'son, Henry 
W. Edwards, William Findlay. Robert Y. Hayne, Na- 
thaniel Macon, John Randolph. Nathan Sanford, Wil- 
liam Smith, Littleton W. Tazewell, Levi Woodbury — 14. 

In House of Representatives, March 2, 1827. 

The bill passed without a division, the yeas and 

nays having just before been taken on a precisely 

similar proposition, granting lands to aid in the 

*4 U.S. Stats., p. 230. fRep. Com. Land Office 1867, p. 
257. 



construction of a canal between the Illinois river 
and Lake Michigan, which vote was as follows: 

Yeas— Messrs. Parmenio Adams, Adam R. Alexander, 
Luther Badger, Mordeeai Bartley, John Barney, liatlitf 
Boon, William L. Brent, Richard A. Buckner, John W. 
Campbell, James Clark, Lewis Condict, Benjamin W. 
Crovvninshield, Clement Dor.«ey, Henry W. Dwight, 
Samuel Edwards, Edward Everett, John Findlay, James 
Findlay, Chauneey Forward, Henry H. Gurley, Abra- 
ham B. Haslirouck, Mo.«es H.ayden, John P. Henry, Eb- 
enezer Herrick, George Holcombe, Samuel Houston, 
Daniel Hugunin, jr., Charles Humphrey, Ralph J. In- 
gersoll, Jacob C. Isacks, Jonathan Jennings, Joseph 
Johnson, Francis Johnson, Samuel Lathrop, Joseph 
Lawrence, Joseph Lecompte, Robert P. Letcher, Peter 
Little, John Lock, RoUin C. Mallary, John H. Marable. 
Henry C. Martindale, Dudley Marvin, Robert McHat- 
ton, Samuel McKean, William McLean, Ezra Meech, 
Charles F. Mercer, Orange Mervvin, Thomas Metcalf, 
John Miller, James S. Mitchell, John Blitchell, George 
E. IMitchell, James C. Mitchell, Thomas P. Moore, 
Thomas Newton, George W. Owen, George Peter. Tim- 
othy H. Porter, Alfred H. Powell, John 1-leed, Robert 
S. Rose, Henry H. Ross, Joshua Sands, John Scott, 
Thomas Shannon, Thomas H.Sill, John Sloane, An- 
drew Stewart, James Strong, Samuel Swan, John Test, 
Gideon Tomlinson, David Trimble, Ebenezer Tuclcer, 
Joseph Vance, Samuel F. Vinton, George E. Wales, 
Aaron Ward, Daniel Webster, JohnC. Weems, Thomas 
Whipple, jr., Barton White, Elisha Whittlesey, Charles 
A. Wickliflfe, James Wilson, John Woods, John C. 
Wright, William S. Young— 90. 

Nats — Messrs. William Addams, Mark Alexander, 
Willis Alston, William G. Angel, Henry Ashley, John 
Bailey, John IBaldwin, Ichabod Bartlett, Noyes Barber, 
John S Barbour, Francis Baylies. John Blair, Titus 
Brown, Joseph H. Bryan, James Buchanan, William 
Burleigh, Samuel P. Carson, George Gary, Nathaniel H. 
Claiborne, John Coclce, Henry W. Conner, George W, 
Crump, Thomas Davenport, William Deitz, William 
Drayton, Nehemiah Eastman, John Forsyth, Andrew 
R. Govan, Robert Harris, Jonathan Harvey, Charles E. 
Haynes, Richard Hines, Aaron Hobart, Michael Hoff- 
man, Jeromus Johnson, David Kidder, Thomas Kit- 
tera, Jacob Krehs, Edward Livingston, John Long, 
William McCoy, George JIcDuffie, William McManus, 
James Merriwether, Daniel IL Miller, Charles Miner, 
Jeremiah O'Brien, Robert Orr, Elisha Phelps, George 
Plumer, James K. Polk, James W. Ripley, William C. 
Rives, Lemuel Sawyer, James S. Stevenson, John Tal- 
iaferro, Starling Tucker, John Varnum, Gulian C. Ver- 
planck, Elias Whittemore, Lewis Williams, John Wil- 
son, George Wolf, Silas Wood, John Wurts — G7. 

It was then signed by the President, John 
Quincy Adams, on the same day. 

Grant to the State of Illinois in aid of the Illi- 
nois Central Bailroad. 

The first grant of public lands in aid of the 
construction of railroads was that made by "An 
act granting the right of way and making a grant 
of land to trie States of Illinois, Mississippi, and 
Alabama, in aid of the construction of a railroad 
from Chicago to Mobile," in 1850.* 

This act provided (sec. 2) "That there be, and 
is hereby, granted to the State of Illinois, for the 
purpose of aiding in making the railroad and 
branches aforesaid, every alternate section of land 
designated by even numbers, for six sections in 
width on each side of said road and branches." 
It also provided, that in case any of the land so 



*9U. S. Stats., p. ■ 



563 



5Ci 



POLITICAL MAXUAL, 



granted should have been sold, or the right of 
pre-emption should have attached, before the line 
of the road was definitely ascertained, agents ap- 
pointed bv the Governor of Illinois should select 
other laniJs; none of such lands, however, to be 
farther than fifteen miles from the line of the 
road." 

Sec. 3 provided that the land which shall re- 
main "to the United States within six miles on 
each side of said road and branches shall not be 
sold for less than double the minimum price of 
the public lands." 

Sec. 4 reserved the right to the United States 
to use the said road free i'rom toll or otlier charge 
upon the transportation of any property or troops 
of the United States. 

Sec. 7 extended the provisions of the act to the 
States of Alabama and Mississippi to aid in the 
continuation of the Central railroad from the 
mouth of the Ohio river to Mobile. 

The estimated amount of land inuring under 
this grant was 2,595,053 acres,* all of which has 
been certified. 

The bill was introduced by Stephen A. Doug- 
las, of Illinois, reported from the Committee of 
Public Lands by ilr. Shields, of Illinois, and 
passed both houses by the following vote: 

In Senate, May 2, 1850. 

Yeas-j-— Messr.s.DoriJ R. Atchison, George E. Badger, 
John Bell, Thoni'i.i H Benton. Solon Borland, Jesse D. 
Bright, Lewis Cass, Thomas Corwin, Jefferson Davis, 
Hcnrij Dodge, Aurpistus C. Dodge, Stephen A Douglas, Sol- 
omon U. Downs, ilrnri/ S. Foote, Samuel Houston, George 
W. Jones. William Rufus King, Willie P. Mangum, Jack- 
son Morton, Hilliam K. Sebastian, William H. Seward, 
James Shields. Tniman Smith, Daniel Sturgeon, Joseph 
R. Underwood, Isaac P. Walker — 2(j. 

Nays — Messrs. James W. Bradbury, Andrew P. Butler, 
Salmon P. Ch.ase, John II. Clarke. William C. Dawson, 
William L. Dayton, Bobert M. T. Hunter, Jacob W. Mil- 
ler, Moses Norris,j-., Samuel 8. Phelps. Thomas G. Pratt, 
Hopkins L. Turneii, John Wales. David L. Yulcc — 14. 

IS'JT voiiivo — Messrs Roger S. Baldwin, John MeP. 
Berrien, John C. Calhoun^ Henry Clay, Jere. Clemens, 
James Cooper, John Davis, Daniel S. Dickinson, Alpheus 
Fetch, Albert C. Greene, John P. IIm.%, Hannibal Ham- 
lin, James M. Mason, James A. Peai-ce, Thomas J. Busk, 
Pierre Soule, Presley Spruance, William Upham, Daniel 
Webster, James Whitcomb — 20. 

Of those not voting Messrs. Greene and Spru- 
ance voted "aye" on the same proposition two 
years before, and Messrs. Calhoun and Hale 
voted "no." 

In House of Repkesentatives, Sept. 17, 1850. 

Ykas — Messrs. Nathaniel Albertson, Charles Allen, 
William J. Alston, Jcjsiah M. Anderson, George R. An- 
drews, George Ashman, Edward D. Baker, Kingsley S. 
Bingham, William H Bissell, David A. Bokee, Franklin 
W. Bowden, Richard I. Bowie, James B. Bowtin, George 
Briggs, Junies Brooks, Albert O. Brown, William J. 
Brown, Alexander W'. Bnel. Lorenzo Burrows, Thomas 
B. Butler, E. Carringion Cabell, Samuel Calvin, Joseph 
Casey, Joseph R. Chandler, Chauncey F. Cleveland, 
Thomas L. ciingman, Willinmson R. \V. Cobb, Orsanuis 
'ole, Moses B. Corwin, John Crowcll, James Duane 
Doty, James H. Dniican, Cyrus L. Dunham, Charles 
DuuKEE, Samuel A. Eliot, Winficld S. Feat her st on, John 
Freedlcy, Meredith P.Gentry, Edward Gilbert, Willis 
A. Gorman, Diinie] Gott, Herman D.Gould, James S. 
Grcf », Joseph Grinnoll, Willard P. Hall, Ransom Hal- 
loway, Andrew J. Harlan, Sampson W. Harris. Thomas 
L. Harris, Andrew K. Hay, Thomas S. Hayniond, 
MoSM Jloagland, Volncy E. /lotrard, David Hubbard, Sam- 
v.el W. Inge. Joseph W. Jackson, Robert W. Johnson, 
George \V. Julian, Darid S. Kaufman. James G. King, 
John A. King, Emile La Sere, Shepherd Leffler, Horace 



*Rep. Com. Land Office ISli", p. 25.3. 

tDemoerats in italics, Whigs in roman, Freespilers 

in SMALL CAPS. 



Mann, Or.^amus B. Matteson, John A McClernand, 
Robert M. McLane, William AfcWiUie. Charles S. More- 
head, Isaac E. Morse. James L. Orr, John Otis. John S. 
Phelps, J. Phillips Phijenix, Charles W. Pitman, Harvey 
Putnam, William A. Richardson, Elijah Ri.-.ley, John L. 
Robinson.Uo\ieTt L.Rose, Abraham M. Si-herinerhorn, 
John L. Schoolcraft, Elbridge G. Spaulding, William 
Sprague, Edward Stanley, Frederick P. Stanton, Richard 
H. Stanton, Alexander H. Stephens, John L. Taylor, 
Jacob Thomp.fon. John R. Thurman, Walter Underbill, 
Hiram Watdcn, Loreii P. Waldo, John Wentworth, Hugh 
White, William A. Whittlesey, Christopher H. AVilliams, 
Amos E. Wood, George W. Wright, Timothy R. Young. — 

101. 

Navs — Messrs. Henry P. Alexander, William S. Ashe, 
Thomas H. Arerett. James M. H. Beate. Walter. Boothe, 
Armistead Burt,, Joseph C'af)te. Joseph P. Caldwell, Lewis 
D. Campbell, X»(a-id K. Oartter, Chtirlea E.Clarke, Wil- 
liam F. C'o?cocA', Jesse C. Dickey, Milo M. Dimmick, David 
T. Disney, Niithnn F. Dixon, William Dner, Henri/ A. 
Edmundson. .Alexander Evans, Nathan Evans, Orin 
Fowler, Thomaj/ J. D. Fuller. Elbridge Gerry, Alfred Gil- 
more, Wiiliani T. Hamilton. Bloses }i-A\t\p{on, Hugh A. 
Haralson, Islunn G. Harris. Harry Hibbard, Alexander 
R. Holladay, John W. Howe, William F. Hunter, William 
T. Jackson, Andrew Johnson. George W. Jones. John B. 
Kerr, George G. King. Preston King. Nathaniel S. Lit- 
tlefield. Job Mann. Huinphrey Marshall, /nwjes McDowell, 
Edward W. Meiiaughey, Thomas McKissock, Ja^nes 
A'. McLanahan. Favcttc McMullen, John McQueen. John 
K. Miller, JohnS. MiUson. Henry D Moore, Jonathan D, 
Morris. William Nelson. David Outlaw, Richard Parker, 
Charles H. Peaslce, Emery D. Potter, Roljert R. Reed, 
John Robbins, jr., Tliomas Ross, David Rumsey, jr., 
John H. Savage, Gulden Sawtelle, Robert C. Sehenck, 
James A. Sedd'on, Augustine H. Shepperd, Thaddeus 
Stevens, Charles Stetson, James H. Thomas, James 
Thompson, Abraham W. Venable, Samuel F. Vinton, 
Daniel Wallace, Albert G. Watkins, Isaac Wildrick, Jo- 
seph A. Woodward. — 75. 

The bill was signed by the President, Zachary 
Taylor, September 20, 1850. 

Grant to the Union Pacific Railroad Company. 

The first grant of lands made to any corpora- 
tion to aid it in building its railroad was to the 
Union Pacific Pi.ailroad, in 1862, by an act enti- 
tled "An act to aid in the construction of a rail- 
road and telegrapli line from the Missouri river 
to the Pacific ocean, and to secure to the Govern- 
ment the use of the same for postal, military, and 
other purposes." 

Section 1 creates the corporation and provides 
regulations for its government. 

Section 2 provides "That the right of way 
through the public lands be, and the same is 
hereby, granted to said company for the con- 
struction of said railroad and telegraph line ; and 
the right, power, and authority is hereby given 
to said company to take from the public lands 
adjacent to the line of said road earth, stone, 
timber, and other materials for the construction 
thereof; said right of way is granted to said rail- 
road to the extent of two hundred feet in width 
on each side of said railroad where it may pass 
over the public lands, including all necessary 
grounds for stations, buildings, workshops, and 
depots, machine-shops, switches, side tracks, turn- 
tables, and water stations. The United States 
siiall extinguish as rapidly as may be the Indian 
titles to all lands falling under the operation of 
this act and required for the said right of way 
and grants hereinafter made." 

Section 3 provides "That there be, and is here- 
by, granted to said company, for the purpose of 
aiding in the construction of said radroad and 
telegraph line, and to secure the safe and speedy 
transportation of the mails, troops, munitions of 
war, and public stores thereon, every alternate 



LAND SUBSIDIES. 



565 



section of public land designated by odd num- 
bers, to the amount of five alternate sections per 
mile on each side of said railroad, on the line 
thereof, and within the limits of ten miles on 
each side of said road, not sold, reserved, or other- 
wise disposed of by the United States, and to 
which a preemption or homestead claim may not 
have attached at the time the line of said road 
is definitely fixed: Provided, That all mineral 
lands shall be excepted from the operation of this 
act; but where the same shall contain timber, 
the timber thereon is hereby granted to said com- 
pany. And all such lands so granted by this 
section, which shall not be sold or disposed of by 
said company within three years after the entire 
road shall have been completed, shall be subject 
to settlement and preemption, like other lands, 
at a price not exceeding one dollar and twenty- 
five cents per acre, to be paid to said company." 

Section 5_authorizes the issue of bonds to the 
amount of $16,000 per mile, which shall consti- 
tute a first mortgage on the road. 

Section 6 provides that all compensation for 
services rendered for the Government shall be 
applied to the payment of the bonds and interest, 
and that at least five per cent, of the net earn- 
ings of the road shall be applied annually to 
payment of the same. 

Section 18 provides that when the net earn- 
ings of the road shall exceed ten per cent., ex- 
clusive of the five per cent, to be paid to the 
United States, Congress may reduce the rates of 
fare thereon. 

It is estimated* that there inures to the Union 
Pacific Railroad Company, under this grant, 
35,000,000 acres. 

This act was reported in the House by Mr. 
Campbell, of Penn., from the Pacific Railroad 
Committee, and passed both Houses by the fol- 
lowing vote: 

In House of Representatives, April 8, 1862.f 

Yeas — Blessrs. Cyrus Aldrich, William Allen, John B. 
Alley, Isaac N. Arnold, James M. Ashley, Fernando ('. 
Beaman, Charles J Biddle, John A. Bingham, Francis 
P. Blair, jr., Harrison G. Blake, William G. Brown, 
James II. Campbell, Andrew J. Clements, Solmyler 
Colfax, Erastus Corning, John Covode, William P. Cut- 
ler, William Morris Davis, Isaac C. Delaplaine, R. Hol- 
land Duell, George W. Dunlap, Sidney Edgerton, Thom- 
as D. Elliot, Alfred Ely, Reuben E. Fentlin, Sauiuel C. 
Fessenden, George P. Fisher, Richard Franehot, Au- 
gustus Frank, Daniel W. Goooh, John N. Goodwin, 
Bradley F. Granger, John A. Gurley, Edward Ilaight, 
William A. Hall, Samuel Hooper, Valentine Horton, 
John Hulchins, George W. Julian, William D Kelley, 
Francis W. Kellogg, John W. Killingor, William E. 
Lansing. Cornelius L. L. Leary. William E. Lehman, 
Dwight Loomis. John W. Menzies. James K. flloorehead, 
Anson P. Morrili. John T. Nixon, John W. Noell, Elijah 
H. Norton, Khrnhaxn U. Olin. Nehemiah Perry, Timothy 
G. Phelps, Thomas L. I''rice, Alexander H Rice,.\lbert 
G Riddle, James S. Rollnis, Aaron A. Sargent, Charles 
B. Sedgwick, Samuel Sheliabarger, John B. Steele, Thad- 
deus Stevans, Charles R. Train, Rowland E. Trow- 
bridge, Burt Van Horn, John P. Verree, John W. Wal- 
lace, Charles W. Walton, Elijah Ward, Ellihu B. Wash- 
burne, Edwin H. Webster, William A. Wheeler, Kellian 
V. VVhaley, James F. Wilson, William Windom, Sam- 
uel T. Worcester— 79. 

Nats — Messrs. Sydenham E. Ancona, Elijah Babbitt, 
Joseph Bailey. Stephen Baker, Jacob B. Blair, George 
H. Browne, James Buffinton, Charlis B. Calcert. Jacob 
P. Chamberlain, George T Cobb, Frederick A. Conkling, 
Samuel S. Cox, James A. Cravens, John W. CHsfield, John 



* Rep. Com. Land Office 1367, p. 255. 
rTliis was the test voCj, on the first passage of the 
Oil! in the House. 



J. Crittenden, Alexander S. Diven, W. McKee Dunn, 
James E. English. Henry Grider, Aaron Hardin;/. Dirliard 
A. Harrisiju. P/iilip Jo/inson, William Kcll(>.i;i;, Jiiiliniij/ 
L. Knopp. John Law. Owen Lovejoy, Ruljcrt .McKni^ht, 
Robert Mallory, Justin S. Morrill, James K. Morris, War- 
r<n P. Noble, Moses F. Odell, Frederick A. Pike, Allien 
G. Porter, William A. Richardson, James C. Robinson, 
John P. C. Shanks, William P. Shejiiekl, William G. 
Steele, Benj.amin F. Tlmtnas, Francis Thomas, Carey 
A. Trimble, Clement L. Vallaiidieiliam. Daniel W. Voorliets, 
William H. Wadsworth, E. P Walton, Albert S. White, 
Cliarles A. Wickdffe, George C. Woodruff— i'i. 

In Senate, June 20, 1802. 

Yeas — 5Iessrs. Henry B. Anthony-. Orville H. Brown- 
ing, Zachariaii Chandler, Daniel Clark, Jacob Col lamer, 
Edgar Cowan, Oarrett Davis, James Dixon, James R. 
Doolittle, Solomon Foot, Lafayette S. Foster, James 
W. Grimes, John P. Hale, James Harlan, Ira Harris, 
John B. Henderson, Jacob M. Howard, Anthoni/ Kenr 
necly, Henry S. Lane, James H. Laue. Milton S. Lalliam, 
Joseph A. McDougall, Lot M. Morrill, George W. Nesmith, 
Samuel C. Pomeroy. Henry M. Rice, John Sherman, 
Benjamin Stark, Charles Sumner, Lyman Trumbull, 
Benjamin F. Wade, Waitman T. Willey, David Wilmot, 
Henry Wilson, Robert Wilson — 35. 

Nays — Messrs. Timothy O. Ilowe, Preston King, 
James A. Pearce, Morton S. Wilkinson, Joseph A. Wright 



Grant to the Northern Pacific Bailroad. 

In 1864 an act was passed granting to the 
Northern Pacific railroad the right of way over 
the route proposed, and every alternate section, 
designated by odd numbers, to the amount of 
twenty alternate sections per mile, on eacli side 
of the road wherever the route lies through the 
Territories of the United States, and ten alternate 
sections per mile wherever the route lies through 
any State. It provided that no money should be 
drawn from the treasury of the United States to 
aid in the construction of the said road, and " that 
no mortgage or construction bonds shall ever be 
issued by said company on said road, or mortgage 
or lien made in any way, except by the consent ol 
the Congress of the United States." 

The route proposed was from a point on Lake 
Superior, in the State of Minnesota or Wisconsin, 
by the most eligible railroad route, within the 
territory of the United States, on a line north of 
the 45th degree of latitude, to some point on Pu- 
get's sound, with a branch, via the valley of the 
Columbia river, to a point at or near Portland, in 
Oregon, leaving the main trunk line at the most 
suitable place, not more than one hundred miles 
from its western terminus. 

This bill passed both houses by the following 
vote: 

In House of Representatives, May 31, 1864. 

Yeas — Messrs. James C. Allen, William B. Allison, 
Lucien Anderson, Augustus V. Baldwin, John D. Bald- 
win, Fernando C. Beaman, James G. Blaine, Jacob B. 
Blair, Sempronius 11. Boyd, John M. Broomall, James 
S. Brown, Amasa Cobb, Alexander H. Coffroth, Cornelius 
Cole, John A. J. Creswell, Henry Winter Davis, Igna- 
tius Donnelly, John F. Driggs, John It. Eden, Charles 
A. Eldridge, John F. Farnswortli, Augustus Frank, 
James A.Garfield, Daniel W. Gooeh, Josiah B. Grin- 
nell, James T.Hale, WUUam A. Hall. William Iligbv, 
Giles W. Hotchkiss, Asahol \V. Hubbard, John II. Hub- 
bard, William D. Kelley, Francis W. Kellogg, Orlando 
Kellogg, Austin A. King, Anthony L. Knapp, Jesse 
Lazear, Benjamin F. Loan, Jolm VV. Longyear, James 
M.Marvin, Archibald McAllister, Joseph "W. McClurg, 
Daniel Mori'is, Leonard .Myers, Homer A. Nelson, War- 
ren P. Noble, Most's F. Odell, Charles O'Neill, James W. 
Pattcr^^on, Sidney Pciluun, fliram Price, John V. L. 
Prmni- William H. nan^^all, Alexander II. Rice, John 
II. Rice, Edward H^ K'.oUlns. .Tnmcs S. Rollins, John G 
Scott, Thomas B. Shannon Itnariiar C. Sloan, John L. 
Steele, WUUam G. Steele, Thaddeus Stevens, Lorenza D. 



566 



POLITICAL MANUAL. 



M. Siceat, M. Ruspcn Thnyer.CIiarles Upson, Daniel JV. 
I'oorhf.cs, Elijah }t^rd, William B. Washburn. Kellian 
V. Whaley, Ezra Wheeler, Thomas Williams, A. Carter 
Wilder, William Wiudoni — 74. 

^".\ys — Messrs. John B. .\lley, Sydenham E. Ancona, 
Portiis Baxter, George Bliss, James Brooks, John W. 
Chanler, H^amucl S. Cox, James A. Cravens, John L. Daw- 
son. Charles Denison, Ephraim K. Eckley, Joseph K. 
Edgerton. Thomas D. Eliot, Reuben E. Fenton, Wil- 
liam E. Pinck, John Ganson, Henri/ W. Harrington, An- 
son Herrick, William ■^. llolnian, Calvin T. ilulburd, 
Ebou C. Incersoll, Wi'Jiaia Johnson, Martin Kalbfleisch, 
Francis Kernan, John Law. Francis C. LeBlond. IJeWitt 
C. Liltlcjohn, Alcrandcr Long, Hobert Mallorji, Daniel 
Marc;/, James F. McDowell, J ustin S. Morrill, William li. 
Morriscjn, John O'Neill, Godlove S. Orth, George H. Pen- 
dleton, Frederick A. Pike, Theodore .M. Pomeroy, WU- 
liam Radford. Lewis W. Boss. Robert C. Schenplv,Glenni 
W. Scofield. Rufus P. Spalding, John D. Stiles. Henry 
W. Tr.acy, William H.Wadsworth.'EAMXm. B. Wasliburne, 
Joseph iV. White, James F. Wilson, Charles H. Win- 
field— 50. 

In the Senate the bill passed without a di- 
vision. 

The estimated number of acres inuring under 
this grant is 47,000,000. 

At the present session of Congress — the second 
session of the Forty- First Congress — the follow- 
ing act was passed : 

A EESOLUTio:>f authorizing the Northern Pacific 
Eailroad Companj' to issue its bonds for the 
construction of its road and to secure the same 
by mortgage, and for other purposes. 
Resolved, &c., That the Northern Pacific Rail- 
road Company be, and hereby is, authorized to 
issue its bonds to aid in the construction and 
equipment of its road, and to secure the same by 
mortgage on its property and rights of property 
of all kinds and descriptions, real, personal, and 
mixed, including its franchise as a corporation ; 
and, as proof and notice of its legal execution 
and effectual delivery, said mortgage shall be 
filed and recorded in the office of the Secretary 
of the Interior; and also to locate and construct, 
under the provisions and with the privileges, 
grants, and duties provided for in its act of in- 
corporation, its main road to some point on Puget 
sound, via the valley of the Columbia river, with 
the right to locate and construct its branch from 
some convenient point on its main trunk 11:.^; 
across the Cascade mountains to Puget sound; 
and in the event of there not being in any State 
or Territory in which said main line or branch 
may be located, at the time of the final location 
thereof, the amount of lands per mile granted by 
Congress to said company, witliin the limits pre- 
scribed by its charter, then said company shall 
be entitled, under the directions of the Secretary 
of the Interior, to receive so many sections of 
land belonging to the United States, and desig- 
nated by odd numbers, in such State or Terri- 
tory, witliin ten miles on each side of said road 
beyond the limits prescribed in said charter, as 
will make up such deficiency, on said main line 
or branch, except mineral and other lands, as ex- 
cepted in the cnarter of said company of ISfil, 
to the amount of the lands tliat have been 
granted, sold, reserved, occupied by homestead 
settlers, pre-empted, or otherwise disposed of, sub- 
sequent to the passage of the act of July 2, 1SG4. 
And that twenty-five miles of said main line, 
between its western terminus and the city of 
Portland, in the State of Oregon, shall be com- 
[ileted by the Ist day of January, A. D. 1872, 



and forty miles of the remaining portion thereof 
each year thereafter, until the whole shall be 
completed between said points: Provided, That 
all lands hereby granted to said company, which 
shall not be sold or disposed of or remain subject 
to the mortgage by this act authorized at the 
expiration ot five years after the completion of 
the entire road, shall be subject to settlement and 
pre-emption, like other lands, at a price to be 
paid to said company not exceeding $2 50 per 
acre; and if the mortgage hereby authorized 
shall at any time be enforced by foreclosure or 
other legal proceeding, or the mortgaged lands 
hereby granted, or aay of them, be sold by the 
trustees to whom such mortgage may be exe- 
cuted, either at its maturity or for any failure or 
default of said company under the terms thereof, 
sucli lands shall be sold at public sale, at places 
within the States and Territories in which they 
shall be situate, after not less than sixty days' 
previous notice, in single sections or subdivisions 
thereof, to the highest and best bidder: Provided 
further, That in the construction of the said rail- 
road, American iron or steel only shall be used, 
the same to be manufactured from American ores 
exclusively. 

Sec. 2. That Congress may at any time alter or 
amend this joint resolution, having due regard to 
the rights of said company and any other parties. 

Approved, May 31, 1870. 

The final vote on this bill was as follows: 
In Senate, April 21, 1870. 

Yeas — Messrs. Ames, Anthony, Brownlovv, Bucking- 
ham, Cameron, Chandler, Cole, Corljctt, Cragin, Fen- 
ton, Ferry, Flanagan, Hamilton of Texas. Hamlin, 
Harris, Howard, Howe. Kellogg, McDonald, Morrill of 
Maine, MorriJ of Vermont, Norton, Nye, OsVjorn, Pat- 
ter.son, Pomeroy, Ramsey. Revels, Rice, Robertson, 
Sawyer, Scott. Spencer, " Stewart, Sumner, Thayer, 
Trumbull, Williams, Wilson, Yates — iO. 

Nats — Messrs. Bayard, Boreman. Casserly, Fowler, 
Harlan, McCreery, Morton, Pratt, Saulsbury, Schurz,Wil- 
ley— 11. 

In House of REPRESENTATives, May 26, 1870. 

Yeas— Messrs. Allison, Ames, Archrr, Armstrong, At- 
wood, Axtrll, Aver, Bailey, Banks. Barnum, Barry, Ben- 
nett, Benton, Bingham, Blair, Booker, Bowen, Boyd, 
George M. BrooliS, Buckley, Burdett, Roderick R.But- 
ler, Cake, Calkin, Churchill, William T. Clark, Clinton 
L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Deg- 
ener, Dickey, Dixon, Dockery, Dux, Ferriss, Ferry, 
Fitch, Fox, Garfield, Gibsnn, Hamilton, Harris, Hays, 
Hoar, Uooper, Ilotclikiss, Jb/(?(son. Alexander 11. Jones, 
Kellej', Kellogg, Kelsey, Ketcham, Knapp, Laflin, 
Lash, Logan, Lynch, Maynard, McCarthy, McKee, 
McKenzie, .Morphis, Daniel J. Morrell, Morrissey, Myers, 
Negley, Newsham, O'Neill, Peck, Berce, Peters, Phelps, 
Poland, Pomeroy, Prosscr, Roots, Sawyer, Schenck, 
Schumaltr. Lionel A. Sheldon, Porter Sheldon, Sherrod, 
Shoher. Joseph S. Smith, William J. Smith, Worthingtou 
C, Smith. \Vm. Smyth, Starkweather, Stokes, Stough- 
ton, Strickland, Taffo, Tanner, Tillman, Townsend, 
Trimble, Twichell, V<ni Auhen, Cadwalader C. Washburn, 
U illiam B. ^\ ashburn, Wheeler, Whitmore, W'ilkinson, 
Euf/eiie M. Wih(m — liJ". 

Nays — Messrs Ambler, Arnell, Asper, Beatty, Beck, 
Biggs, Bird, Jarws Brooks. Buflinton, Burchard, Cessna, 
Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, 
Cox, Crebs. Cullom, Dickinson, Donley, Duval, Dyer, Ela, 
Eldridgc, Farnswnrth, Fiiiki'liiliuVg, Ge.tz, Griswold, 
Haight, /faldenuin, ll:\\c.J{aiiiill. Hawkins, Hawley, Hay, 
Heflin, Hill, Uolman, Iiigersoll, Kerr, Knott, Lawrence, 
Lewis, Marshall, Mmjliam, McCiary, MctJrew, McNeely, 
Mercur, Eliakim H. Moore, Jesso H. Moore. William 
Moore. Morgan, Orth. Packard, Packer, Paiiie. Potter, 
Randall, W<rw«, /fi-,;.', 7iV,//cc.<,Sar'j;e)it, Sclhitirbl, Shanks, 
John A. Smith, Stevens, Stevenson. Stiles. Stone, Strong, 
Swann, Taylor, Tyncr, Upson, Van Wyck, Voor/iees, 
Ward. Wiliard. ^\'illiams, John T. Wilson, Wiuans, 
Wiloher, Woodward — S5. 



LAND SUBSIDIES. 



567 



Previous Votes. 

In Senate. 

1870, February 8 — Mr. Ramsey introduced the 
resolution wliich on February 22 was reported 
from tlie Committee on the Pacific Railroad, as 
follows : 

Be it resolved, &c., That the northern Pacific 
Railroad Company be, and hereby is, authorized 
to issue its bonds to aid in the construction and 
equipment of its road, and to secure the same by 
mortgage on its property and rights of property 
of all kinds and descriptions, real, personal, and 
mixed, including its franchise as a corporation ; 
and, as proof and notice of its legal execution 
and etfectual delivery, said mortgage shall be 
filed and recorded in the office of the Secretary 
of the Interior, and when so filed shall be deemed 
to be a good and sufficient conveyance of all the 
rights and property of said company as therein 
expressed, and also to locate and construct, under 
the provisions and with the privileges and duties 
provided for in its act of incorporation and the 
amendments thereto, its main road to its western 
terminus, via the valley of the Columbia Eiver, 
with the right to locate and construct its branch 
from some convenient point on its main trunk 
line, across the Cascade mountains, to Puget 
Sound ; and in the event of there not being in 
any State or Territorj'- in which said main line 
or branch may be located, at the time of the final 
location thereof, the amount of lands per mile 
granted by Congress to said company, within 
the limits prescribed by its charter, then said 
company sliall be entitled, under the directions 
of the Secretary of the Interior, to receive so 
many sections of land belonging to the United 
States, and designated by odd numbers, in such 
State or Territory, within ten miles on each side 
of said road beyond the limits prescribed in said 
charter, as will make up such deficiency on said 
mam line or branch. And that twenty-five miles 
of said main line, between its western terminus 
and the city of Portland, in the State of Oregon, 
shall be completed by the 1st day of January, 
A. D. 1872, and forty miles of the remaining 
portion thereof each year thereafter, until the 
whole shall be completed between said points. 

April 11 — Mr. Thurman moved to insert at the 
end of the resolution the following: 

And the rights and privileges hereby conferred 
upon said company, and the grants of land here- 
by made to it, are conferred and made upon the 
following express conditions, to wit: 

First. That the alternate sections of land here- 
tofore or hereby granted to said company, except 
such portions thereof as shall be laid out by said 
company in town or city lotfi, and such portions 
thereof as shall be used by it for depots, ditches, 
water-stations, round-houses, coal, wood, lumber, 
and cattle-yards, sites for wox'kshops, and other 
buildings or structures necessary for said road or 
branch road, shall be sold by said company to 
actual settlers upon the same and to no other 
person or persons; and no such settler shall be 
entitled to purchase more than one hundred and 
sixty acres thereof, nor shall he or those claiming 
tinder him receive a deed therefor until the same 
shall have been actually occupied by him or by 
Lim and them at least two years. 



Second. The price at which said lands shall be 
sold by said company to actual settlers, as afore- 
said, shall not exceed $1 25 per acre, with inter- 
est at the rate of six per cent, per annum upon 
deferred payments. 

Third. Such actual settlers shall respectively 
be entitled to purchase said lands, as aforesaid, 
in lots of forty, eighty, or one hundred and sixty 
acres. 

Fourth. All said lands for sale to actual set- 
tlers, as aforesaid, that shall not be sold by said 
company within fifteen years from the passage 
of this joint resolution, shall revert to the United 
States. 

Fifth. Any mortgage or mortgages of said lands 
or any part thereof that may be made or executed 
by said company shall be subject to the conditions 
aforesaid in favor of the actual settlers or of the 
United States, and no foreclosure of any such 
mortgage or sale thereunder by any trustee or 
trustees, or under any judicial judgment or decree, 
shall operate to deprive such actual settlers or 
the United States of the rights and privileges 
hereinbefore specified ; nor shall anything in this 
resolution contained be held to waive the condi- 
tions upon which patents are to issue, specified 
in section four of the charter of said company. 

Sixth. Within ninety days after the passage 
of this joint resolution said company shall file 
in the Department of the Interior its written 
assent to the foregoing conditions, and if it shall 
fail so to do, this joint resolution shall become 
null and void. 

Mr. Wilson moved to strike out the words 
"heretofore or," in the first of the conditions, 
which was agreed to — yeas 30, nays 9, as follow: 

Yeas — Messrs. Ames, Anthony, Chandler, Cole, Conk- 
ling, Corbett, Cra.ein. Flanagan, Fowler, Gilbert, Ham- 
ilton of Texas, Hamlin, Howard, Kellogg, JIcDonald, 
Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, 
Ramsey, Rice, Ross, Sawyer, Stewart, Sumner, Tipton, 
Trumbull, Williams, Wilson — ,30. 

Nats — Messrs. Bayard, Casserly. Davis, Harlan, How- 
ell, Johnston, McCreery, Pool, Thurman — 9. 

Mr. Thurman's amendment was then disagreed 
to — yeas 15, nays 26, as follow: 

Yeas— Messrs. Anthony, Bayard, Casserly, Cragin, 
Davis, Fowler, Harlan, Howell, Johnston, McCreery, 
Pool, Stockton, Thurman. Tipton, Wilson— 15. 

Nats— Messrs. Ames, Chandler, Cole, Conkling, Cor- 
bett, Drake, Flanagan, Gilbert, Hamilton of Te.xas, 
Hamlin, Howard, Howe, Kellogg, McDonald, Morrill 
of Vermont, Nye, Osborn, Pomeroy, Ramsey, Rice, 
Ross, Sawyer, Stewart, Sumner, Trumbull, Williams — 
26. 

Mr. Wilson moved to insert after the word, 
"branch," in line 35, the following: 

And the additional alternate sections of land, 
granted by this resolution shall be sold by the 
company only to actual settlers, in quantities 
not exceeding one hundred and sixty acres or 
quarter-section to any one settler, and at prices 
not exceeding $2 50 per acre ; 

Which was disagreed to — yeas 15, nays 22, as 
follow: 

Yeas — Messrs. Anthony, Bayard, Casserly, Cragin,. 
Davis, Fowler, Harlan, Howell, Johnston, McCreery, Pool, 
Thurman. Tipton, Trumbull, Vickers — 15. 

Nats — Messrs. Ames, Chand,ler, Cole, Corbett, Drake, 
Flanagan, Gilbert, Hamlin, Howard, Howe. Kellogg, 
McDonald. Morrill of Vermont, Nye, Osborn, Pomeroy, 
Ramsey, Rice, Ross, Sawyer, Stewart, Williams— 22. 

April 20. Mr. Harlan moved to strike out the 
following words: 
And in the event of there not being in anv 



668 



POLITICAL MANUAL. 



State or Territory, in which said main line or 
branch may be located, at the time of the final 
location thereof, the amount of lands per mile 
granted by Congress to said company, within the 
limits prescribed by its charter, then said com- 
pany sliall be entitled, under the directions of the 
Secretary of the Interior, to receive so many sec- 
tions of "land belonging to the United States, and 
designated by odd numbers, in such State or Ter- 
ritory, within ten miles on each side of said road, 
beyond the limits prescribed in said charter, as 
will make up such deficiency on said main line 
or branch* to the amount of the lands that have 
been granted, sold, reserved, occupied by home- 
stead settlers, pre-empted or otherwise disposed 
of subsequent to the passage of the act of July 
2, 1864. 

"Which was disagreed to — yeas 11, nays 41, as 
follow : 

Yeas — Messrs. Buckingham. Casserly. Davis, Harlan, 
Howell, McCrtcry, Pratt, Saulsbury, Sehurz, Thurman, 
^V■illey— 11. 

Nays — Messrs. Ames, Anthony, Brownlow, Chandler, 
Cole.Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, 
Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harris, 
Howard, Howe, Kelloeg. McDonald. Morrill of Maine, 
Morrill of Vermont, Norton, Nye, Patterson, Ponieroy, 
Kanisey, Revels, Rice. Robertson, Ross, Sawyer, Scott, 
Sherman, Spencer, Stewart, Sumner, Thayer, Trum- 
bull, Williams, Wilson— 41. 

Mr. Howell moved to insert the following pro- 
viso at the end of the resolution: 

Provided, That all lands granted by this joint 
resolution, wliich shall not be sold or disposed of 
by said company within five years after the road 
shall have been completed, shall be subject to set- 
tlement and pre-emption like other lands, at a 
price not exceeding $1 25 per acre, to be paid to 
said company. 

Which was disagreed to — yeas 13, nays 34, as 
follow : 

Yeas — Messrs. Boreman. Casserly, Davis, Fowler, Har- 
lan, Harris, Howe, Howell, McCieery, Saulsbury, Thur- 
man, Willey, Wilson — 1.3. 

Nats — Messrs. Ames, Anthonj'. Brownlow. Bucking- 
ham, Chandler, Cole, Corbett, Cragin, Edmunds, Fen- 
ton. Ferry, Flanagan, Gilbert, Hamilton of Texas, Ham- 
lin, Howard. Kellogg, McDonald, Morrill of Maine. Mor- 
rill of Vermont. Norton, Nye, Osborn, Pomeroy. Ram- 
sey, Revels, Robertson, Ross, Sawyer, Scott, Sherman, 
Stewart, Thayer, Williams — 34. 

Mr. Casserly moved to insert the following 
proviso : 

Provided, That all lands granted by this joint 
resolution, which shall not be sold or disposed of 
by said company within ten years after the road 
shall have been completed, shall be subject to 
settlement and pre-emption like other lands, at 
a price not exceeding $1 25 cents per acre, to be 
paid to said company. 

Which was disagreed to — yeas 16, nays 28, as 
follow : 

Yeas — Messrs. Anthony, Boreman, Cameron, Casserly, 
Davis, Fowler, Hamlin, Harlan, Howe, Howell, Mc- 
Crccry, Saulsbury. TliurnKin, Warner, Willey, WlLscm — 10. 

Navs — Me.'^srs. Ameti, Brownlow, Buckingham, Chan- 
dler, Corbett, Cragin, Edmunds, Flanagan, Gilbert. 
Howard, Kellogg, McDonald. Morrill of Maine, Morrill 
of Vermont, Norton, Nye, Osborn, Patterson, Pomeroy, 
Ram.sey, Rice. Robertson, Ross, Sawyer, Scott, Stewart, 
Thayer, Williams— 28. 



* The remainder of the section was not in the bill as 
reported from the committee, but seems to have been 
iii-crted informally; at wiiat time the record does not 
show. 



April 21. — Mr. Thurman moved to insert at 
the end of the resolution the following: 

And the rights and privileges hereby conferred 
upon said company and the grants of land here- 
by made to it are conferred and made upon this 
condition : That said company, its successors and 
assigns, shall forever transport over said road 
and its branches, free from any toll or charge, 
all troops, produce, stores, and munitions of war 
that may belong to the United States. 

Which was disagreed to — yeas 12, nays 35, as 
follow : 

Yeas — Messrs. Ames, Bayard, Boreman, Cameron, 
Casserly, Harlan, McCreery, Morton, Pratt, Saulsbury, Wil- 
ley, Yates— 12. 

Nays — Messrs. Anthony, Brownlow, Chandler, Cole, 
Corbett, Cragin, Fenton, Flanagan, Fowler, Hamliu, 
Harris, Howard, Howe, Kellogg, McDonald, Morrill of 
Maine, Morrill of Vermont, Norton, Nye, Osborn, Pat- 
terson, Pomeroy, Ramsey, Revels, Rice, Robertson, 
Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, 
Trumbull, Williams, Wilson— 35. 

Mr. Scott moved to insert at the end of the res- 
olution the following: 

Provided, That all lands hereby granted to said 
company which shall not be sold or disposed of 
or remain subject to the mortgage by this act au- 
thorized, at the expiration of five years after the 
completion of the entire road, shall be subject to 
settlement and pre-emption like other lands, at a 
price to be paid to said company not exceeding 
^2 50 per acre. And if the mortgage hereby au- 
thorized shall at any time be enforced by fore- 
closure or other legal proceeding, or the govern- 
ment lands hereby granted, or any of them, be 
sold by the trustees to whom such mortgage may 
be executed, either at its maturity or for any 
failure or default ofsaid company under the terms 
thereof, such lands shall be sold at public sale at 
places within the States and Territories in which 
they shall be situate, after not less than sixty 
days' previous notice, in single sections or subdi- 
visions thereof, to the highest and best bidders. 

Which was agreed to — yeas 38, nays 8, as fol- 
low: 

Yeas — Messrs. Anthony, Bayard, Boreman, Bucking- 
ham, Cameron, Cassfij'iy, Chandler, Cole, Corbett, Cragin, 
Fenton, Ferry, Fowler, Harlan, Harris, Howard, Howe, 
Kellogg, McCreery, McDonald, Morrill of Maine, Morrill 
of Vermont, Morton, Osborn, Patterson, Pratt, Ramsey, 
Revels, Saulslniry, Scott, Spencer, Sumner, Thayer, 
Trumbull, Willey, Williams, Wilson, Yates— 38. 

Nats — Messrs.Ames, Brownlow, Flanagan, Hamilton 
of Texas, Nye, Pomeroy, Robertson, Stewart — 8. 

Mr. Cameron moved to insert at the end of the 
resolution the following: 

Provided further. That in the construction of 
the said railroad American iron or steel only shall 
be used, the same to be manufactured from Amer- 
ican ores exclusively. 

Which was agreed to — yeas 27, nays 18, as 
follow : 

Yeas — Blessrs. Anthony, Boreman, Brownlow, Buck- 
ingham, C.ameron,Chandler, Cragin, Fenton, Flanagan, 
Fowler, Hamlin, Harlan, Harris, Howard, Howe, Mc- 
Donald, IMorton, Nye, Osborn, Patterson, Pratt, Ram- 
sey, Revels, Scott, Stewart, Thayer, Willoy— 27. 

Nays — Messrs. Ames, Bayard, Casserly, Cole, Corbett, 
Ferry, Kellogg, McCreery, Pomeroy, Rice, Robertson, 
Saulsbury, Spencer, Sumner, Trumbull, Williams, Wil- 
son, Yates— 18. 

In House of Representatives. 
1870, May 25 — Mr. Hawley moved to amend, 
by adding to the first section as follows : 
And -provided further, That the privileges here- 



LAND SUBSIDIES. 



569 



in granted are upon the following conditions, 
namely : all the lands herein or heretofore granted 
to said railroad company shall be sold to actual 
settlers only, and in quantities not greater than 
one hundred and sixty acres to any one person, 
and for a price not exceeding $2 50 per acre : And 
provided further, That no mortgage that may be 
given by said railroad company shall operate to 
prevent the sale to actual settlers only, upon the 
terms and conditions herein provided, of all the 
lands herein or heretofore granted by the United 
States to said railroad company, and any viola- 
tion of this condition shall work a forfeiture of 
all the lands herein or heretofore granted by the 
United States to said railroad company. 

Which was disagreed to — ^yeas 78, nays 106, as 
follow : " 

Yeas — Messrs. Adams, Ambler, Arnell, Asper, Ayer, 
Beatty, Biggs, Bird, James Brooks, Buffinton, Burchard, 
Sidney Clark, Cleveland, Amasa Cobb, Coburn, Cook, 
Cowles, Cox, Crebs, CuUom, Degener, Dickinson, Donley, 
Duval, Dyer, Ela, Eldridge, Farnsvvorth, Finkelnburg, 
iZatfl'W,flaWem«n, Hawkins, Hawley, Hay, Hays, Heflin, 
Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, 
McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, 
Jesse H. Moore, William Moore, Morgan, Packard, Pack- 
er, Paine, Pomeroj', Potter, Randall, Reeves. Rice, Rogers, 
Sargent, Shanks, Slocuni, John A. Smith, William Smyth, 
Stevenson, Stiles, Tyner, Upson, Ward, Cadwalader C. 
Washburn, Willard^ Williams, John T. Wilson, Winans, 
Witcher, Woodward — 78. 

Nays — Messrs. Allison, Ames, Archer, Armstrong, At- 
wood, Axtell, Bailey, Banks, Bamum, Barry, Beaman, 
Bennett, Benton, Bingham, Blair, Booker, Lowen, 
Boyd, George M. Brooks, Buckley, Burdett, Roderick 
R. Butler, Cake, Calkin, Cessna, Churchill, William T. 
Clark, Cliutou L. Cobb, Conger, Cimner,Covode, Dawes, 
Dickey, Dixon. Dockery, Box, Ferriss, Ferry, Fitch, 
Fox, Garfield, Odz, Oibson, Hale, Hamill, Hamilton, 
Harris, Hoar, Hooper. Hotchkiss. Johnson, Alexander 
H. Jones, Kelley, Kellogg, Kelsey, Keteham, Knapp, 
Lafliu, Lash, Logan, Lynch, Mayham, Maynard, McCar- 
thy, MeKee, jVcJLenzie, Daniel J. Morrell, Morrissey, My- 
ers, Negley, Newsham, O'Neill, Peck, Perce, Peters, 
Phelps, Poland, Prosser, Roots, Sawyer, Schenck, Schu- 
maker, Lionel k. Sheldon, Sherrod, Joseph S. Smith, Worth- 
ington 0. Smith, Starkweather, Stokes, Stone. Stoughton, 
Strickland, Strong, Swann, Taffe, Tanner, Tajdor, Till- 
man, Trimble, Twichell, Van Auken, William B. Wash- 
burn, Welker, Wheeler, Whitmore, Wilkinson, Euyene 
M. Wilson— im. 

Mr. Sargent moved to strike out the proviso 
inserted in the Senate on motion of Mr. Scott, 
and to insert as follows : 

Provided, That all lands granted to said com- 
pany shall be subject to settlement and pre-emp- 
tion like other lands, at a price to be paid to 
said company, not exceeding $2 50 per acre; 
and if the mortgage hereby authorized shall at 
any time be enforced by foreclosure or other 
legal proceeding, or the mortgage lands hereby 
granted, or any of them, be sold by the trustees 
to whom such mortgage may be executed, either 
at its maturity or for any failure or default of 
said company under the terms thereof, such 
lands shall be sold at public sale at places within 
the States and Territories in which they shall be 
situate, after not less than sixty days' previous 
notice, in single sections or subdivisions thereof, 
to the highest and best bidder; and the pur- 
chasers at said sale, except actual settlers on not 
greater subdivisions than one hundred and sixty 
acres, shall acquire no higher interest in saicl 
lands than is by this act granted to said com- 
pany; and as to all lands purchased under any 
such sale by any corporation or by other persons, 
greater in quantity than one quarter section for 
any one person, all such lands shall be and re- 



main subject to the right of purchase by actual 
settlers at a price not exceeding $2 50 per acre, 
and in amounts not exceeding one quarter sec- 
tion by any one person, under such rules and 
regulations as the Secretary of the Interior may 
prescribe to carry this provision into eflect. 

Which was disagreed to — yeas 73, nays 104, 
as follow : 

Yeas — Messrs. Ambler, Arnell, Asper, Ayer, Beatty, 
Beck, Bird, James Brooks, Buffinton, Burchard, Sidney 
Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, 
Cox. Crebs, Callom, Degener, Dickinson, Donley, Duval, 
Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Halde- 
man, Hawley, Hay, Hays, Heflin, Ingersoll, Johnson, 
Judd, Kerr, Knott, Lawrence. Lewis, Marshall. JlcCrary, 
McGrew, McKeely, Mercur, Eliakim H.Moore. William 
Moore, Morgan, Morphis, Packard, Paine, Potter, Rarir 
dall. Rice, Rogers, Sargent, Shanks, Slocum, John A. 
Smith, William J. Smith, Stevenson, Stiles, Tyner, 
Upson, Van Wyek, Ward, Cadwalader C. Washburn, 
Willard, Williams, John T. Wilson, Winans, Witcher, 
Woodtvard — 73. 

Nays— Messrs. Allison, Ames, Archer, Armstrong, 
Atwood, Axtell, Bailey, Banks, Bamum, Barry, Bea- 
man, Bennett, Benton, Bingham, B\A\r, Booker, Bowen, 
Boyd, George M.Brooks, Buckley, Burdett, Roderick 
R. Butler, Cake, Calkin, Cessna, Churchill, William T. 
Clark, Clinton L. Cobb. Conger, Conner, Covode, Dawes, 
Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Fiteh, 
Fox. Garfield, Getz, Gibson, Hamill, Hamilton, Harris, 
Hoar, Hooper, Hotchkiss, Alexander H. Jones, Kelley, 
Kellogg, Kclsev, Keteham, Knapp, Laflin, Lash, Lo- 
gan, Lynch. Blaynard, McCarthy, McKee, McKenzie, 
Danierj. Morrell, Morrissey, Myers, Negley, Newsham, 
O'Neill, Packer, Peck, Perce, Peters, Phelps, Poland, 
Pomeroy, Pros^^er, Roots, Sawyer, Schenck. Schiimaker, 
Lionel A Sheldon, Sherrod, Joseph S. Smith, Worthington 
C. Smith, William Smyth. Starkweather, Stone.Stough- 
ton, Strickland. Strong, Tatte, Tanner, Taylor, Tillman, 
Trimble, Twichell, Van Auken, William B. Washburn, 
Welker, Wheeler, Whitmore, Wilkinson, Eugene M. 
Wilscm—lOi. 

May 26 — Mr. Welker moved to amend, by 
adding to the first section the following : 

Provided further, That as to all new grants 
herein of additional lands, such lands, excepting 
pine and fir timber lands and mineral lands, shall 
be sold by said company to actual settlers at a 
price not exceeding $2 50 per acre, and in quan- 
tities not exceeding one hundred and sixty acres 
to any one person, under such regulations as 
may be prescribed by the Secretary of the Inte- 
rior. 

Which was disagreed to — ayes 87, nays 95, as 
follow : 

Yeas— Messrs. Ambler, Arnell, Asper, Beatty, Beck, 
Biggs, Bingham, Bird, James Brooks, Buffinton, Burch- 
ard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleve- 
land, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, 
Dickey, Dickinson. Donley, Duval, Dyer, Ela, Eldridge, 
Farnsworth, Ferry, Finkelnburg, Getz, Griswuld. Haight, 
Haldeman, Hawley. Hay, Hays, Heflin, Holman, Ingersoll, 
Johnson, Judd, Kerr, Knott, Lawrence. Lewis, Marshall, 
McCrarv, BleGrew, McJVeely, Mercur, Eliakim H. Moore, 
Jesse H. Moore, William Moore, Morphis, Niblack, 
Orth, Packard, Packer, Paine, Potter. Randall. Reeves, 
Rice, Ridgway, Sargent, Shanks. John A. Smith, William 
Smyth, Stevens, Stevenson, Stiles, Strong. Townsend, 
Tyner, Upson. Van Wyck, Voorhees, Ward, Welker, Wil- 
lard, Williams, John T. Wilson, Winans, Witcher, 
Woodward — 87. 

Nats— Messrs. Allison, Ames, ^rc/ier, Armstrong, At- 
vcood, Axtell, Ayer, Bailey, Banks, Bamum, Barry, 
Bennett, Benton, Blair, Boles, Booker, Boyd, George 
M. Brooks. Bucklcv, Burdett, Roderick R. Butler, 
Cake, Calkin. Churchill, William T. Clark, Clinton L. 
Cobb Conger, Omner, Covode, Cowles, Dawes, Dixon, 
Dox, Ferriss, Fitch, Fox, Garfield, Hale, Hamill, Hamil- 
ton, Harris, Hoar, Hooper, Hotchkiss, Alexander H. 
Jones, Kellev, Kellogg, Kelsey, Keteham, Knapp, 
Laflin, Lash, Logan, Lynch. Mayham. Waynard, McCar- 
thy, McKee, McKenzie, Daniel J. Morrell, Samuel P. 
Morrill, Morrissey, Myers, Neglev, Newsham, O'Neill, 
Peck, Perce, Peters, Phelps. Poland, Prosser, Roots, 
Sawyer, Schenck, Schumaker, Lionel ."^.Sheldon, Porter 



570 



POLITICAL MANUAL. 



Sheldon, Sherrod, Joseph S. Smi'M, Worthinc;ton C. Smith, ' 
Starkweatlier, Stokes, Stoughton, Strifkland, Tafie, 
Tanner, Tilhiian, Twicliell, Van Auhen, William I?. 
Washburn, Wheeler, Whitmorc, Wilkinson, Eugene M. 
Wilson— ^Jb. 

Mr. Randall moved to insert, after the words 
"Secretary of the Interior," in line eleven, the 
following : 

Provided, That nothing in this act shall be 
construed as a guaranty by the United States of 
the bonds issued by said company or its agents, 
or of any bonds authorized or permitted by this 
act. 

Which was disagreed to — yeas 89, nays 92, as 
follow : 

Yeas — Mcssr.s. Adams, Amhler, Archer, Arnell, Asper, 
Beatty, Bigfls, Bird, James Bronls, Bufhnton, Burchard, 
Benjamin F. Butler, Cessna, Sidney Clarice, Cleveland, 
Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, 
Dawes. Diekey, Dickinson, Donley, Duval, Dyer, Ela, El- 
dnrfi/f, Frtrnsw'orth, Finkelnburg, Getz, Griswold, Haighl, 
Haldeman, Hale, Hamill, Hamilton, Ilawley, Hay, Hays, 
Hefiin, Hill, Holman, Ingersoll, Judd, Kerr, Knott, Law- 
rence, Lewis, Marshall. McCrary, McGrew, McKenrie, 
McJS'eely, Mercur, Eliakim H. Moore, Jesse H. Moore, 
William Moore, Morgan, Ovih, Packard, Packer, Paine, 
Randall, liecvcs. Sice, Ridgway, Sargent, Shanks, John 
A. Smitli, Stevens, Stevenson, Stiles, Swann. Tillman, 
Tyner, Upson, Van Wyck, Voorhees, Ward, Welker, Wil- 
lard, Williams, John T. Wilson, Winans, Witcher, 
Woodward— 89. 

N.VTS— Messrs. Allison, Armstrong. Atwood, Axtell, 
Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, 
Bingham, Blair, Boles, Booker, Bovd, George M. Brooks, 
Bucklev, Burdett, Roderick R. Butler, Cake, Call-in, 
Churchill, William T. Clark, Clinton L. Cobb, Conger, 
Conner, Covode, Dixon, Dockery, Dox, Ferriss, Ferry, 
Fitch, FifX, Garfield, Harris, Hoar, Hooper, Hotehkiss, 
Johnson. Kelley, Kelsey, Ketcham, Knapp, Lafliu, Lash, 
Logan. JIaynard, McCarthy, McKee, Morphis, Daniel J. 
Morrell, Morrissey, Myers, Negley, Newsluim, O'Neill, 
Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, 
Roots, Sawyer, Qchenc]s.,Schumaker, Lionel A. Sheldon, 
Porter Sheldon, Sherrod, Joseph S. Smith, Worthiugton 
C. Smith, William Smyth, Starkwether, Stokes, Stone, 
Stoughton, Strickland, Tafte, Tanner, laylor, Tovvn- 
send7 Trimble, Twichell, law Atiken, William B. Wash- 
burn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil- 
ton— 92. 

Mr. Sidney Clarke moved to amend, by adding 
the following additional section : 

Sec. — . That the lands granted by this act and 
all previous acts to said company shall inure to 
the Denefit of said company, its assigns and suc- 
cessors, in the manner following, that is to say: 
that all the lands shall be immediatley open to 
settlement, and shall be sold to actual settlers 
only, who shall be entitled to receive patents 
therefor in contiguous parcels not exceeding a 
quantity enual to one quarter section to any one 
person, and at the price of $2 50 per acre, under 
such rules and regulations as may be prescribed 
by the Secretary of the Interior, in accordance 
with the provisions of this act: Provided, how- 
ever. That such persons shall be citizens of tlie 
United States, or shall have declared their inten- 
tion to become such, before they shall be entithsd 
to become actual settlers under the provisions of 
this act: And provided further. That when the 
company shall file with the Secretary of the In- 
terior the certificate of the Governor of the State 
or Territory in which said road is located that 
any twenty consecutive miles of said road have 
been completed in a good, substantial, and work- 
manlike manner, together with a map designat- 
ing by the [lublic surveys the line of such com- 
pleted portion, and the points of beginnin" and 
ending, the Secretary of the Interior shall there- 



upon direct the proper district land officers to 
give public notice to all actual settlers under tha 
provisions of this act residing on the granted 
lands opposite to and conterminous with said 
completed section, to make proof and payment to 
the district land officers for their claims within 
three months from the date of said notice; and 
the registers and receivers shall report the sale 
of said lands monthly, as in the sales of public 
lands ; and the amount received shall be placed 
by the receivers to the credit of the railroad com- 
pany, in such depository as they may designate: 
Provided, That if any settler shall fail to make 
proof and pay for his claim within the time lierein 
specified, his right thereto shall become forfeited, 
and the land shall be patented to the said com- 
pany : And provided fnrtltcr, That patents shall 
issue to said company for all lands which shall 
remain unsold after the expiration of three months 
from the date of completion of each section of 
said road : And provided also. That the railroad 
company may, at any time, sell, convey by deed, 
mortgage, or deed of trust, all of said land, to 
persons or corporations, and not actual settlers, 
and at such prices and on such terms as the par- 
ties may agree u]>on: Provided, That when so 
sold or conveyed the said lands in the hands of 
the p)urchaser, mortgagee, or trustee, or other 
grantees, shall be subject to sale to actual settlers 
within the time limited as aforesaid, and on the 
same terms as though the said deed, mortgage, or 
deed of trust had never been made: Provided, 
That if said road is not completed within ten 
years from the date of the acceptance of the grant 
herein made, the lands remaining along the un- 
completed portions of the road shall revert to the 
Government and be open to pre-emption and 
homestead entry after due public notice by the 
district land officers, under instructions from the 
Secretary of the Interior, as provided in the case 
of public lands. 

Which was disagreed to — yeas 68, nays 117, 
as follow : 

Yeas— Messrs. Ambler, Arnell, Asper, Beatty, Biggs, 
Bird, Butfinton, Burohard, Cessna, Sidney Clarke, 
Cleveland, Amasa Cobb, Col)arn, Cook, Cox, Crebs. Cul- 
lom, Dickinson. Donley, Duval, Dyer. Ela, Eh/ridge, 
Farnsworth, Grisivold^ Ifdi'/hl, lialdr)nan. Hawkins, 
Hawley, Hay, Hctliii, llolman, Ingersoll, /y^ow/i, Judd, 
Kerr, Knott, Lawrence, Lewis. Marshall, McCrary, Mc- 
Grew, McNeely, Eliakim H, Moore, Jesse H. Moore, 
William Moore, Morgan, Orth, Packard, Potter, Randall, 
Reeves, Rice. Ridgway, Rogers. Sargent, Shanks, John 
A. Smith, StoveiiSDii, Stiles, Tyner, Upson, Van Wyck, 
Ward, Williams, John T. Wilson, Winans, Witcher, 
Woodward — G8. 

N.AYs — Messrs. Allison, Ames, Archer, Armstrong, 
Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, 
Bennett, Benton, Bingham, Blair, Boles, Booker, 
Bowen, Boyd, George M. Brooks, Buckley, Bni-dett, 
Roderick R. Butler, Cake, Calkin, Churchill, William 
T. Clark, Clinton L. Cobb, Conger, Conner, Covode, 
Cowles, Dawes, Degener, Dickey, Dixon, Dockery, 
Dox, Ferriss, Ferry, Finkelnburg, Fitch, Fox, Garfield, 
Ge.tz, Halo, Hcmiil, Hamilton, Harris, Hays, Hoar, 
Hooper, Hotehkiss, KeMey, Kellogg, Kelsey, K etc ham, 
Knapp, Lafiin, Lash, Logan. Lynch, .Va(//(o;ii, Maynard, 
McCarthy, McKeo, Mel\en:ir,ih-\v\\Y, Morjihis, 1 >aniel 
J. .Morrel'l, Samuel P. Morrill, j1/oj-nss<v,Mvrrs, Negley, 
Ni>wsham, O'Neill. Packer, Paine, Peck, I'eree, Peters, 
Plielps, Poland, Pomeroy, Prosser, Rocts, Sawyer, 
Schcnck, Schumaker, Lioiiel A. Sheldon, I'ortcr Shel- 
don, Sherrod, S/ioher. Josiph S. Smith, Worthington C. 
Smith, William Smyth, Starkweatlier, Stokes, Stone, 
Stoughton, Strickland, Strong, Swann, Tuli'c, Tanner, 
Taylor, Tillman, Townsend, Trimble, Twiehell, Van 
Atiken, William B. Washbuvn, AVelker, Wheeler, Whit- 
more, Wilkinson, Euj/ene M. WiUo/n — 117. 



LAND SUBSIDIES. 



571 



Mr. Ela moved to add at the end of section 
one the following : 

And provided further, That any railroad now 
authorized or which hereafter may be author- 
ized to be built by competent State or national 
authority, whose line of road does or shall inter- 
sect the line of the said Noi'thern Pacific Railroad 
Company, shall have the right of way to the ex- 
tent of two hundred feet in width, with necessary 
grounds for depot purposes, over and across the 
lands of such company, now or heretofore granted 
to said Northern Pacific Railroad Company by 
act of Congress, free of any charge whatever. 

Which was disagreed to — yeas 69, nays 112, 
as follow : 

Yeas— Messrs. Ambler, Arnell, Asper. Beatty, Beck, 
Bird, James Brooks, Buffintoii, Burchard, Cessna, Sid- 
ney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, 
Crebs, CuUom, Dickinson, Donley, Duvcal, Dyer, Ela, 
Mdridge, Parnsworth, Finkelnburg, Griswold, Haight, 
Haldeman, Hawkins, Hawley, Hay, Heflin, Holnian, In- 
gersoll, Judd, Kerr, Knott. Lawrence, Lewis, Marshall, 
McCrary, McGrew, McKee, McNeely, Jesse H. Moore, 
William Moore, Morgan, Orth, Packard, Potter, Randall, 
Reeves. Rice, Sargent, Shanks, John A. Smith, William 
J. Smith. Stevens, Stevenson, Stiles, Tyner, Upson, Van 
Wyck, Williams, John T. Wilson, Winans, Witcher, 
Woodward — G9. 

Nats — Messrs. Allison, Ames, Archer, Armstrong, 
Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, 
Bennett, Benton, Bingham, Blair, Boles, Booker, Bow- 
en, Bovd, George M. Brooks, Buckley, Burdett, Rod- 
erick R. Butler, Cake, Calkin, Chureliill, William T. 
Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, 
Dawes, Degener, Dixon, Dockery, Dnx, Ferriss, Ferry, 
Fitch, Fox, Garfield, Get^, Halo, Hamill, Hamilton, Har- 
ris. Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley. 
Kellogg, Kclsey, Ketcham, Knapp, Laflin, Lash, Lo- 
gan, tynch, Mayham, Maynard, McCarthy, McKenzie, 
Mereur, Daniel J. Morrill, Morrissey, Myers, Kegley, 
Newsham, Packer, Peck, Perce, Peters, Phelps, Poland, 
Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, 
Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, 
Joseph S, Smith, Worthington C. Smith, William Smyth, 
Starkweather, Stokes, Stone, Stoughton, Strickland, 
Strong, Swanii, Taffe, Tanner, Taylor, Tillman, Town- 
send, iVinii^c, Twichell, Van Auken, Voorhees, Ward, 
William B. Washburn, Wheeler, Whitmore, Wilkinson, 
Eugene M. Wdson — 112. 

Mr. Lawrence moved to insert the following 
additional section : 

Sec. — . That said railroad company shall make 
reports annually, or oftener, if required by the 
Secretary of the Interior, of its condition and 
transactions, and containing all such information 
as said Secretary may require, and in such form 
and verified in such manner as he may require. 

Which was disagreed to — yeas 62, nays 95, as 
follow : 

Yeas— Messrs. Ambler, Archer, Asper, Beatty, Reck, 
Bird, James Brooks, Bufflnton, Burchard, Cessna, Sidney 
Clarke, Amasa Cobb, Coburn, Cook, Cox, Crebs. Cullom, 
Dickinson, Oonley, Duval, Dyer, Farnsworth, Finkeln- 
burg, Getz, Haldeman, Hawley, Hay, Heflin, Ilolman, 
Kerr, Knott, Lawrence, Lewis, Marshall. McGrew, McXedy, 
Mereur, Jesse IL Moore, William Moore, Morgan, Orth, 
Packard. Packer, Potter, Randall, R/xves, Rice, Uidgway, 
Rogers, Sargent, Shanks, Stevenson, Stiles, Tyner, Van 
Wyck, Voorhees, Ward, Williams, John T.Wilson, Winans, 
Witcher, ^Voodward — 62. 

Nats — Messrs. Allison, Armstrong, Atwood, Axtell, 
Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bing- 
ham, Blair, Booker, Bowen, Boyd, George M. Brooks, 
.Bueklev, Burdett, Ilenjamin F. Butler, Roderick R. 
Butler, Cake, Calkin, Churchill, William T. Clark, Con- 

fer, Conner, Covode, Cowles, Degener, Dixon, Dockery, 
>oa;, Ferriss, Ferry, Fitch, i^ljaT.'Garfield, Hale, Hamil- 
ton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, 
Kelley, Kellogg, Kelsey. Ketcham, Knapp, Laflin, 
Lash, Logan, Lynch, Mayham, Maynard, McCarthy, 
McKee, McKenzie, .Morpliis, Daniel J. Morrell, Mnrrissey, 
Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters, 
Phelps, Poland, Pomeroy, Roots, Sawyer, Schumaker, 
Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Wor- 



thington C. Smith, William Smyth, Starkweather, 
Stokes, (Sione, Stoughton, Strickland, Tanner, Taylor, 
Townsend, irrtm;>/<'. Twichell, Van Auken, Whecler,Wil- 
kinsou, Eugene M. Wilson— 'db. 

Mr. Lawrence further moved to amend by 
adding the following: 

And the United States shall have the right, at 
all times, to take possession of and own the road 
of said company, and all its appurtenances, on 
paying the actual and legitimate cost thereof, 
exclusive of the value of the lands granted to 
said company and the proceeds thereof. 

Which was disagreed to — yeas 52, nays 115, as 
follow : 

Yeas — Messrs. Ambler, Arnell, Asper, Beatty, James 
Brooks, Buffiuton, Burchard, Cessna, Sidney Clarke, 
Coburn, Cook, Cox, Crebs, Cullom, Dickinsmi, Duval, 
Dyer, Ela, Farnsworth, Finkelnburg, Haldeman, Haw- 
ley, Hay, Heflin, Holman, Ingersoll, Knott. Lawrence, 
Lewis, Marshall, McGrew, McNeely, Eliakim H. Moore, 
William Moore, Morpliis, Orth, Packard. Packer, Potter, 
Randall, Reeves, Rice, Sargent, Shanks, William J.Smith, 
Stiles. Tyner, Van Wyck, Williams, Winans, Witcher, 
Woodward — 52. 

Nats— Messrs. Allison, Ames, Archer, Armstrong, At- 
wood, Axtell, Ayer, Bailey. Barnum, Barry, Beck, Ben- 
nett, Benton, Biggs, Bingham, Bird, Blair, Booker, 
Bowen, Boyd, George M. Brooks, Buckley, Burdett, 
Benjamin F. Butler, Roderick R. Butler, Cake, Calkin, 
Churchill, Cleveland, Clinton L. Cobb, Conger, Conner, 
Covode, Cowles. Davis, Dawes, Dixon, Dockery, Donley, 
Box, Ferriss, Ferry, Fitch, Garfield, Getz, Hale, Hamill, 
Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, 
Johnson, Kelley, Kellogg, Kelsey, Kerr, Ketcham, 
Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCar- 
thy, McKee, McKenzie, Mef cur, Daniel J. Morrell, Samuel 
P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, 
Paine, Peck, Perce, Phelps, Poland, Pomeroy, Prosser, 
Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, 
Porter Sheldon, Sherrod, Shober, John A. Smith, Joseph 
S. Smith, Worthington C. Smith, William Smyth, Stark- 
weather, Stokes, Stone, Stoughton, Strickland, Strong, 
TafFe, Tanner, Taylor, Townsend, Trimble, Twichell, 
Upson, Van Auken. Voorhees, Ward, William B. Wash- 
burn, Wheeler, Wilkinson, Eugene M.Wilson — 115. 

Mr. Coburn moved to insert after the word 
"point," in line sixteen, these words: "not ex- 
ceeding three hundred miles east of the western 
terminus," so as to provide that the branch shall 
not be over three hundred miles in length. 

Which was disagreed to — yeas 68, nays 99, as 
follow : 

Yeas— Messrs. Allison, Ambler, Arnell, Asper, Beatty, 
Bingham, Bird, James Brooks, Buffinton, Cessna, Sid- 
ney Clarke, Cleveland, Amasa Cobb, Cobui'ii, Cook, Cox, 
Crebs, Cullom, Dickinson, Donley, Duval, Dyer, Ela, 
Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, 
Haldeman, Hawley, Hay, Heflin, Holman. Ingersoll, 
Judi, Knolt, Lawrence, Lewis, Marshall, McCrary, Mc- 
Grew, McNeely, Mereur, William Moore, Morgan, Orth, 
Packard, Packer, Paine, Potter, Randall, Reeves. Rice, 
A'td/jiwai/, Sargent, Shanks, John A.Smith, William J. 
Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, 
Voorhees, Ward, Williams, Winans, Witcher — G8. 

Nays— Messrs. Ames, Archer, krms.Xvon^. Axtell, kyer, 
Bailey, iiamMW, Barry, Bennett, Benton, Blair, Booker, 
Bowen, Boyd, George M. Brooks, Buckley, I5urdett, 
Roderick R. Butler, Cake, Calkin, (Jhurehill, William 
T. Clark, Clinton L. Cobb, Conger, Conner, Covode, 
Dawes, Degener, Dixon. Dox, Ferriss, Ferry, Fitch, 
Fox, Garfield, Getz, Hamill, Harris, llaj's. Hoar, Hooper, 
Hotchkiss, Jo7inso», Kelley, Kelsey, Ketcham, Knapp, 
Laflin, Lash, Logan, Lynch, Maynard, McCarthy, Mc- 
Kee, McKenzie, IVIorpliis, Daniel J. Morrell, Morrissey, 
Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, 
Phelps, Poland, Pomeroy, Rogers, Roots, Sawyer, 
Schenck, Schumaker, Lionel A. Sheldon, Porter Shel- 
don, Sherrod, Shober, Joseph S. Smith, Worthington C. 
Smith, William Smyth, Starkweather, Stokes, Stone, 
Stoughton, Swann, "Taffe, Tanner, Taylor, Tillman, 
Towiisend, Trimble, Twichell, Van Auken, William B. 
Washburn, Wheeler, Whitmore, Wilkinson, Eugene M, 
Wdson, Woodward — 99. 

Mr. Coburn further moved to amend, by strik- 
ing out the words, "and to secure the same by 
mortgage on its property and rights of property 



572 



POLITICAL MANUAL. 



of all kinds and descriptions, real, personal, and 
mixed, including its franchise as a corporation;" 
and inserting these words: "and to secure the 
same by mortgage on its tracks, depots, rolling 
stock, and other personal property alone." 

Which was disagreed to — yeas 59, nays 107, as 
follow : 

Yeas — Messrs. Ambler, Arnell, Asper, Beatty, Bird, 
Butfinton, Burchard, Cessna, Sidney Clarke, C'levelaml, 
Amasa Cobb, Coburu, Cook, Crebs, Culloni, Dickinson. 
Duval, Ela, Eldridge, Farnsvvorth, Finkelnburg. Gris- 
wotd, Haiglit, JIaldeman, Ilawley, Hay, Hetlin, Holman, 
Ingei^oll, Judd, Kerr, Knott, Lawrouee, Lcicia, Mar- 
shall, JlcCrary, McGrew, McNeely, Jesse H. Moore, 
William Moore, J/or^/an, Orth, Packard, Packer, lian- 
dall, lifevcs, Rice, Sargent, Shanks, William J. Smith, 
Stevenson, Stiles, Tyuer, Upson, Van Wyek, Voorhees, 
Williams, Winans, *\ itcher— 59. 

Nats— Messrs. Allison, Ames, Archer, Armstrong, 
Atwood, Axtell, Ayer, l^ailey, Barnum, Barry, Bennett, 
Benton, Bingham, Blair, Booker, Bowen, Boyd, Buck- 
ley, Burdett, Roderick K. Butler, Cake, C'a?A:(7i, Church- 
ill, William T. Clark, Cunger, Conner. Covode, Cowles, 
Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, 
Fitch, Fox, Garfield, Gciz, Hale, Hamill, Hamilton, 
Harris, Hays, Hoar, Hooper, Hotehkiss, Johnson, Kel- 
ley, Kellogg, Kelsey, Keteham, Knapp, Latlin, Lash, 
Logan, L^'ueh, Maynard, McCarthy, McKee, ilf(;A'en3ie, 
Mercur, Daniel J. Morrell, Morrissey, Myers, Negley, 
Newsham, O'Neill, Paine, Peek, Peters, Phelps, Poland, 
Pomeroy, Prosser, Roots, Sawyer, Sohenck, Sc/iumaA:er, 
Lionel A. Sheldon, Porter Sheldon, Sherrod, John A. 
Smith, JosepA S. Smith, Worthington C. Sinith, William 
Smyth, Starkweather, Stokes, Stone. Stoughton, Strick- 
land. iSwann, Taffe, Tanner, Tavlor, Tillman, Tovvnsend, 
Trimble. Twichell,Fan Aukcn, Ward, William B. Wash- 
burn. Wheeler, Whitmore, Wilkinson, Eugene M. Wil- 
son, Woodward — 107. 

Mr. Williams moved to add to the 1st section 
the following: 

And he it further provided. That the gra.nts of 
lands herein stipulated to said company are made 
upon the express condition that the Congress of 
the United States reserves the right to regulate 
and limit the rates of freight and fare of passen- 
gers on said road, whenever, in the opinion of 
Congress, the same shall become necessary to 
protect commerce among the several States. 

Which was disagreed to — ^yeas 72, nays 94, as 
follow : 



Yeas— Messrs. Allison, Ambler, Arnell, Asper, Beatty' 
Butlinton, Burchard, Ces.*na, Sidney Clarke, Amasa 
Cobb, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Degen- 
er, Dicldnson. Donley, Duval, Dyer, Ela, Eldridge. Fmk- 
ehiburg, Garfield, Haldeman, Hamilton, Hawkins, Uaw- 
ley. Hay, lleflin, Ilolmnn, Inger.soU, Johnson. Judd, 
Knott, Lawrence, Lewis, AIc(Jrary, McGrew, McXecli/, 
Mercur, Eliakim U. Moore, Williiim Moore. Newsham, 
Oith, Packard. Packer, Paine, Pomeroy, Potter, Ran- 
dall, Reeves. Rice. Sargent, Shanks, .lohn A. Smith, Wil- 
liam J. Smith, Stevens, Stevenson, Stiles, Strong, Ty- 
uer, Upson, Van Wyck, Ward, AVilliam B. Washbtu'n, 
Williams, John T. Wilson, Winans, Witcher, Woodr 
ward — 72. 

Nats— Messrs. Ames, Armstrong, .i4a-?c/?, Ayer, Bailey, 
Banks, Barnum, Barry, Bennett, Bird. Blair, Booker, 
Bowen, Boyd, George M. Brooks, Buckley, lioderick 
R. BiUler, "C.ake, Calkin, Churchill, William T. Clark, 
Cleveland, Clinton L. Cobb, Conger, Conner. Covode, 
Dixon, Box, Ferriss, Ferry, Fitch, Fox, Gcti, Ilaight, 
Hamill, Harris. Hays, Hoge, Hooper, Hotehkiss, Kel- 
ley, Kellogg, Kelsey, Kerr, Keteham, Knapp, Laflin, 
Lash, Logan, Lynch, Mayham, Maynard, McCarthy, 
McKee, Morphis. Daniel J. Morrell, Morrissey. Myers, 
Negley, O'Neill, Peck, Perce, Peters, Phelps, Poland, 
Prosser, Roots, Sawyer, Sehenck,iSc/iM.ma/ver, Lionel A. 
Sheldon, Porter Sheldon, Sherrod, Shober, Jos'ph S. 
Smith. Worthington C. Smith, William Smyth, Stark- 
weather, Stokes, Stone, Stoughton, Strickland, Taffe, 
Tanner, Taylor, Tillman, Tovvnsend, Trimble, Twiehell, 
Van Auken, Wheeler, Whitmore, Wilkinson, Eugene 
M. W%o»— 94. 

The bill then passed both Houses as above. 
In House. 

1870, March 21.— Mr. Holman submitted the 
following resolution, which was unanimously 
agreed to : 

Re&olved, That in the judgment of this House 
the policy of granting subsidies in public lands 
to railroad and other corporations ought to be 
discontinued ; and that every consideration of 
public policy and equal justice to the whole peo- 
ple requires that the public lands of the United 
States should be held for the exclusive purpose 
of securing homesteads to actual settlers under 
the homestead and pre-emption laws, subject to 
reasonable appropriations of such lands for the 
purposes of education. 



LV, 



THE RESTORATION OF VIRGINIA, MISSISSIPPI, AND TEXAS. 



AN ACT to admit the State of Virginia to Eepre- 
sentation in the Congress of the United States. 
Whereas the people of Virginia have framed 
and adopted a constitution of State government 
which is republican ; and whereas the Legislature 
of Virginia elected under said constitution have 
ratified the XlVth and XVth amendments to the 
Constitution of the United States; and whereas 
the performance of these several acts in good 
faith was a condition precedent to the representa- 
tion of the State in Congress: Therefore, 

Be it enacted, &c., That the said State of Vir- 
ginia is entitled to representation in the Congress 
of the United States : Provided, That before any 
member of the Legislature of said State shall 



take or resume his seat, or any officer of said 
State shall enter upon the duties of his office, he 
shall take and subscribe and file in the office of 
the secretary of state of Virginia, for perma- 
nent preservntion, an oath in the form follow- 
ing: "I, , do solemnly swear that I 

have never taken an oath as a member of Con- 
gress, or as an officer of the United States, or as 
a meoiber of any State legislature, or as an ex- 
ecutive or judicial officer of any State, to sup- 
port the Constitution of the United States, and 
afterward engaged in insurrection or reljollion 
against the same, or given aid or comfort to the 
enemies thereof: so help nio God;" or such per- 
son shall in like manner take, subscribe, and file 



RESTORATION OF VIRGINIA, ETC. 



573 



the following oath: " I, , do solemnly 

swear that I have by act of Congress of the 
United States been relieved from the disabilities 
imposed upon me by the XlVth Amendment of 
the Constitution of the United States : so help 
me God;" which oaths shall be taken before and 
certified by any officer lawfully authorized to 
administer oaths. And any person who shall 
knowingly swear falsely in taking either of such 
oaths shall be deemed guilty of peijury, and 
shall be punished therefor by imprisonment not 
less than one year and not more than ten years, 
and shall be lined not less than •'^1,000 and not 
more than $10,000. And in all trials for any 
violation of this act the certificate of the taking 
of either of said oaths, with proof of the signa- 
ture of the party accused, shall be taken and 
held as conclusive evidence that such oath was 
regularly and lawfully administered by compe- 
tent authority: And provided further, That 
every such person who shall neglect for the pe- 
riod of thirty days nest after the passage of this 
act to take, subscribe, and file such oath as afore- 
said, shall be deemed and taken, to all intents 
and purposes, to have vacated his office : And 
provided further. That the State of Virginia is 
admitted to representation in Congress as one of 
the States of the Union upon the following fun- 
damental conditions: First, That the constitu- 
tion of Virginia shall never be so amended or 
changed as to deprive any citizen or class of citi- 
zens of the United States of the right to vote 
who are entitled to vote by the constitution 
herein recognized, except as a punishment for 
such crimes as are now felonies at common law, 
whereof they shall have been duly convicted 
under laws equally applicable to all the inhabit- 
ants of said State: Provided, That any altera- 
tion of said constitution, prospective in its eifects, 
may be made in regard to the time and place of 
residence of voters. Second, That it shall never 
be lawful for the said State to deprive any citi- 
zen of the United States, on account of his race, 
color, or previous condition of servitude, of the 
right to hold office under the constitution and 
laws of said State, or upon any such ground to 
require of him any other qualifications for office 
than such as are required of all other citizens. 
Third, That the constitution of Virginia shall 
never be so amended or changed as to deprive 
any citizen or class of citizens of the United 
States of the school rights and privileges secured 
by the constitution of said State. 

Approved, January 26, 1870. 

The final votes on this act were as follow: 
In Senate, January 24, 1870. 

Yeas — Messrs. Abbott, Anthony, Boreman, Brown- 
low, Backiugham, Carpenter, Chandler, Cole, Conkling, 
Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil- 
bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, 
McDonald, Blorrill of Maine, Blorton, Nye, Osborn, 
Patterson, Pomeroy, Pratt, Ramsey, Rice," Robertson, 
Ross, Sawyer, Sohurz, Soott, Sherman, Spencer, Stew- 
art, Tipton, Trumbull, Warner, Willey, Williams, Wil- 
son, Yates — 17. 

Nays — Messrs. Bayard, Casserly, Davis, Fowler, Wilr 
Ham T. Hamilton, Norton, Saulsbury, Stockton, Thurman, 
Vickers— 10. 

In House, January 24, 1870. 

Yeas — Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell, Asper, Bailey, Banks, Beaman, Beatty, Benja- 
min, Bennett, Benion, Bingham, Blair, Boles, Bowen, 
Boyd, George M. Brooks, Buck, Buckley, Buffinton, 



Burchard, Burdett, Benjamin F. Butler, Roderick R. 
Butler, Cake, Cessna, Clarke, Ama,«a Cobb, Clinton L. 
Cobb, Coburn, Cook, Conger, Cowles, Cullom, Davis, 
Dawes, Dixon, Donley, Duval, Dyer, Ela, Farnsworth, 
Ferriss, Ferry, Finkelnbnrg, Fi.«her, Fitch, Garfield, 
Gilfillan, Hale, Hamilton, Hawley, Hay, Heaton, Bellin, 
Hill. Hoar. Sol. L. Hoge, Hooper, Ingersoll, Jenckcs, 
Judd, Julian, Kelley, Kellogg, Kel.><ey, Ketcham, 
Knapp, Latiin, Lash, Lawrence, Logan, Loughridge, 
Lynch, Blaynard, McCarthy, McCrary, McGrew, Elia- 
kim H. Moore, Jesse H. Jlooie. William Moore, Daniel 
J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, 
Orth, Packard, Paine, Palmer, Peters. Phelps, Poland, 
Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, 
Schenck, Scofiekl, Shanks. Lionel A. Sheldon, Porter 
Sheldon, John A. Smith, William J. Smith, Worthing- 
ton C. Smith, William Smyth, Starkweather, Stevens, 
Stevenson, Stokes, Stoughton, Strickland. Strong. Taffe, 
Tanner, Tiltfliau, Townsend, Twiehell, Tyner, Upson, 
Van Horn, Ward. Cadwalader C. Washburn, William 
B. Washburn, Welker, Wheeler, B. F. Whittemore, Wil- 
kinson, Willard, Williams, John T. Wilson, Winans — 
13G. 

Nats— Messrs. Adams, Archer, Axtell, Beck, Bird. James 
Brooks, Burr. Calkin, Cleveland, Cox, Crebs, Deweese, 
Dickinson, Dox, Eldridge, Getz, Oolladay, Oreene, Gris- 
wold, Haldeman. Ilambleton, Hamill. Hawkins, Holman, 
Johnson. Thomas L. Jones. Kerr, Knott, Marshall. May- 
ham, MeCormick, McNeely, Morgan, Mungcn, Niblack, 
Potter, Randall, Reeves, Rice, Rogers, Schumaker, Hherrod, 
Slocum, Joseph S. Smith, Stiles, Stone. Strader. Swann, 
Sweeneii, Trimble, Van Auken, Van Trump. Voorhees, 
WellSfiEugene M. Wilson, Winchester, Wood, Woodward — 
58. 

Previous Votee. 

In House. 

1870, January 11 — Mr. Farnsworth, from the 
Committee on Keconstruction, reported the fol- 
lowing bill, to admit the State of Virginia to 
representation in the Congress of the United 
States : 

Whereas the people of Virginia have adopted 
a constitution republican in form, and by its pro- 
visions assuring the equality of right in all citi- 
zens of the United States before the law; and 
whereas the Congress of the United States have 
received assurances and are assured that the 
people of Virginia, and especially those hereto- 
fore in insurrection against the United States, 
have renounced all claims of any right of seces- 
sion in a State, and that they are now well- 
disposed to the Government of the United States, 
and will support and defend the Constitution 
thereof, and will carry out in letter and spirit 
the provisions and requirements of the constitu- 
tion submitted under the reconstruction acts of 
Congress, and ratified by the people of Virginia; 
Therefore, 

Be it enacted, &c.. That the State of Virginia 
is entitled to representation in Congress as a State 
of the Union, under the constitution ratified on 
the 6th day of July, 1869, upon the following 
fundamental conditions: First. That no persons 
shall hold any office, civil or military, in said 
State, who shall not have taken and subscribed 
one of the following oaths or affirmations, viz: 
" I do solemnly swear (or affirm) that I have 
never taken an oath as a member of Congress, 
or as an officer of the United States, or as a mem- 
ber of any State legislature, or as an executive 
or judicial officer of any State, to support the 
Constitution of the United States and thereafter 
engaged in insurrection or rebellion against the 
same or given aid or comfort to the enemies 
thereof;" or, "I do solemnly swear (or affirm) 
that I have been relieved from disability by an 
act of Congress, as provided for by the third sec- 



574 



POLITICAL MANUAL. 



tion of the XlVth article of the amendments of 
the Constitution of the United States." Second. 
That the constitution of said State shall never 
be so amended or changed as to deprive any citi- 
zen or class of citizens of the United States of 
the riglit to vote or hold office in said State who 
are entitled to vote or hold office by said consti- 
tution, except as a punishment for such crimes 
as are now lelonies at common law, whereof they 
shall have been duly convicted under laws equally 
applicable to all the inhabitants of said State ; 
or to prevent any person on account of race, 
color, or previous condition of servitude from 
serving as a juror, or participating equally in 
the school fund or scliool privileges provided for 
in said constitution: Provided, That any altera- 
tion of said constitution equally ap]>licable to all 
the voters of said State may te made with re- 
gard to the time and place of residence of said 
voters. Third. That all persons who shall at 
the time when said constitution shall take effect 
hold or exercise the functions of any executive, 
administrative, or judicial office in said State, by 
the appointment or authority of the district com- 
mander, shall continue to discharge the duties of 
their respective offices until their successors or 
those upon whom such duties shall, under said 
constitution, devolve, are duly chosen or appointed 
and qualified. 

Sec. 2. That the election of United States Sen- 
ators by the general assembly of said State, on 
the 19th day of October, 1869, shall have the same 
validity as if made by previous authority of 
law. 

January 14 — Mr. Whittemore moved to amend 
by inserting in the first section, at the end of the 
irst condition, as follows : 

"And any person who shall falsely take either 
)f the aforesaid oaths or affirmations shall be 
Jeemed guilty of perjury, and shall sufi"er the 
^ains and penalties thereof, and may be tried, 
convicted, and punished therefor by the circuit 
court of the United States for the district in which 
said crime was committed, and the jurisdiction of 
said court shall be sole and exclusive for the pur- 
pose aforesaid;" which was agreed to — yeas 123, 
nays 70, as follow: 

Yeas— Messrs. Ambler, Ames, Armstrong, Arnell, As- 
per, Beainan, Beatty, Benjamin, Bennett, Benton, Boles, 
Jiowen, Boyd, George M. Brooks, Buck, Buckley, Bul- 
finton, Burchard, Burdett, Roderick R. Butler, Cake, 
Ces8na,Churt;hill,Clarke,Amasa Cobb, Clinton L.Cobb, 
Coburii, Cook, Conger, Covvles, CuUom, Dawes, Dickey, 
Dixon, Diinley, Duval, Dyer, Ela, Ferriss, Ferry, Fink- 
elnbur.^, Fi.«lier, Fitch, Gai-field, Gillillan, Hale, Ham- 
ilton, U.awley, Hay, Heflin, Hill, Hoar,Solomon L. Hugo, 
Hooper, IngcrsoU, Jenckcs, Judd, Kelley, Kellogg, 
Kelsey, Keicliam, Knapp, Latlin, Lash, Lawrence, Lo- 
gan, Loughridgc, Maynard, McCarthy, McCrary, Mc- 
Grew, Mercur, J;iiakiin H. Moore, Jos.se II. Mooro, 
William Moore, iJauiol J. .Morrell, Samuel V. Morrill, 
Myers, ^eglfav, O'Neill, Orth, Packard, Packer, Paine, 
Palmer, Petew. Phelps. Pomeroy, Pros.scr, Koots, San- 
ford, Sargent, Schenek, Scofiehl, Shanks, Ijionel A. 
Sheldon, Portcv Sheldon, John A. Smith, William J. 
Smith, Wurthipf^lon C. Sniitli, William Smylli, Siaik- 
wcather,8ti'vens,9teven.'-on.SI(>kc.'j,.'^tiiughtciii,8troiig, 
Tntl'e, Townsend, Twichrll, 'Jvner, Up.snn, \'an llnrti. 
Ward, CailwaludcvC. Washburn, William B. Washhurn, 
Wheeler. B. F. What'inorc, Willard, Williams, John T. 
Wilson, Winaiis, Witi-her— I2.'J. 

Nats — Mcs'-rs. Admm, Archer, Axtdl, Bailey, Bank.s, 
Barnum, lirck. B'kjijh, Bingham, Bird, Blair, James Brooks, 
Burr, Calkin, Clffilaml, Cor, \)<'\\ni:-^c, Dickinson, l)c)ck- 
cry, Do.r, Eldriilgc, Furtisworth, Fox. Gelz, Golladai/, 
Greene. (Jriswcjhl, IJajjIit. llalikunan. Uamhicton, llnmiU, 
Uftwkiaf, Hcatou, Wjlman,, Juhiisun, Kerr, Knott, Mar- 



shaU. Mnvham, McCormkk. McNeeh/, Morgan, Mungm, 
Nihlack. Potter, Randall, Rcadinq, Reeves, Rice, Rogers, 
Schn maker. Slocum. Joseph S. Smith, Stiles. Stone, Strader, 
Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, 
Van Trump, Voorhces. Welker, Wells, Eugene M. WUson, 
Winchester, Wood, Woodward— 10, 

Same day Mr. Bingham offered the following 
.substitute: 

Whereas the people of Virginia have adopted 
a constitution republican in form, and have in 
all respects conformed to the requirements of the 
act of Congress entitled "An act authorizing the 
submission of the constitutions of Virginia, "Alis- 
sissippi, and Texas to a vote of the ]>eople, and 
authorizing the election of State officers, pro- 
vided by the said constitutions, and members of 
Congress," approved April 10, 1869: Therefore, 

Be it rcsolced, &c.. That the said State of Vir- 
ginia is entitled to representation in tlie Con- 
gress of the United States. 

Which was adopted — yeas 98, nays 95, as fol- 
low: 

Yeas— Messrs. Adams. Archer, Axtell, Bailey, Banks, 
Barnum, Beck, Biggs, Bingham, Bird, Blair, George M. 
Brooks, James B^'ooks. Buckley, Burchard, Burr, Calkin, 
Cleveland, Cox, Crehs. CuUom, Dawes, Dewecso, Dickin- 
son, Dockery, Dox, Eldridge. Farnsworth, Ferry, Fink- 
elnburg. Fitch, i?'ox', Gartield, Gctz, Golladay,' Greene, 
Griswold, Haight, Haldeman, Hale, JTambleton, Ifamill, 
Hawkins, Hay, Heaton, Holman, Hooper, Ingersoll, 
.Tenckes, Johnson, Kellogg, A'err, Keteham, Knott. Laf- 
lin, Logan, Marshall. Ma;/ham, McCarthy, ilcCurmick, 
McNcely, Jes.se H. Moore, Morgan, Mu)igen, IViblack, 
Orth, Peters, Potter, Randall, Reading, Reeves, Rice, Ro- 
gers, Sanford, Schumaker, Slocum. Joseph S. Smith, 
Worthington C. Smith, Stiles, Stone, Strader, Strong, 
Swann. Sweeney, Tanner, Tillman, Trimble, Van Auken, 
Van Trump, Voorhees, Wells, Eugene M. Wilson, John T. 
Wilson, Winans, Winchester, Witcher, Wood, Woodward 
—98. 

Nats — Blessrs. Ambler, Ames, Armstrong, Arnell, 
Aspcr, Beaman, Beatty, Benjamin, Bennett, Benton, 
Boles, Bowen, Boyd, Buck, Burtinton, Burdett, Roder- 
ick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa 
Cobb, Clinton L. Cobb, Coburu, Cook, Conger, Cowles, 
Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, 
Fisher, Gilfillan, Hamilton, Hawley,'Heflin, Hill, Hoar, 
Solomon L. Hoge, Judd, Kelley, Kelsey, Knaijp, Lash, 
Lawrence. Loughridge, Maynard, McCrary, Jb;-Gro\v, 
Mercur, Eliakim H. Moore, William Moore, Daniel J. 
Morrell, Samuel P. Morrin, Myers, Negley, O'Neil, 
Packard, Packer, Paine, Palmer, Phelps, Pomeroy, 
Prosser, Roots, Sargent, Schenek, Scolicld, Shanks, 
Porter Sheldon, John A. Smith, William J. Smith, 
William Smyth, Starkweather, Stevens, Stevenson, 
Stokes, Stoughton, Tatie, Townsend, Twichell, Tyucr, 
Upson, Van Horn, Ward, Cadwalader C. Washburn, 
William B. Washburn, Welker, Wheeler, B. F. Whitte- 
more, Willard, Williams— 95. 

The bill was then passed — yeas 142, nays 49, 
as follow: 

Yeas — Messrs. Adams. Ames, Archer, Armstrong, Ax- 
tell, Bailey, Banks, Barnum, Beaman, Beck, Benjamin, 
Bennett, Biggs. Bingham. Bird, Blair, George JI. Brooks, 
James Brook's, Buck, Buckley, Burchard. Burdett, i)i»T, 
Roderick R. Butler, Cake, Calkin, Churchill, Clinton L. 
Cobb, Cook, Conger, Cowles, Cox, Crebs, CuUom, Dawes, 
Dcwcese, Dickinson, Dockery, Dox, Duval, Dyer, Eld- 
ridge, Farnsworth, Ferry, Finkeluburg, Fitch, Fox, 
Garfield, Gctz, Gilfillan, Golladait, Greene, Griswold. 
IJai'il.t. Haldeman. Hale, Ilambleion. Ilamill, Hawkins, 
Hay, lleaton, llcflin, Uill, Holman, Hooper, Ingersoll, 
Jeii<k<-s, t/ci///i.son, Judd, Kellogg, A'crr, Keteham, A'Hotf, 
Latlii), Lash, Logan, Marshall, Marjham, McCarth}', Mc- 
Cormiek. .McGrew, McKcclii, Mercur, Eliakim II. Moore, 
J<'SS(^ H. Moi ire, j1/orf;n», 'Daniel J. Murrell. Samuel P. 
Morrill, Mungen. Myers, i\'(7>/f!fA-, Orth, I'a.kurd, Packer, 
Paine, Peters, PoUind. Potter, Presser, Randall, Rending, 
Reeves, Rice, Rogers, Sant'ord, Sargent, Sciicnek, -Vc/iii- 
maker, ScM.lield, Porter Sheldon, i'/oorm, John A.Smith, 
Joseph i,'.Km(7/(. Worthington C.Smith, Starkweather, 
Slilc-i, Stone. SK.ughton, Strader. Strong, Swann, Sweeneij, 
Tanner, Tillman, 'y'rm6ic, Twichell. Tyiicr, Upson, I'an 
Auken, Van Trump. Voorhces, William B. Washburn, 
Melker, Wells, Williams, Eugene M. Wilson, John T. 



RESTORATION OF VIRGINIA, ETC. 



675 



Wilson, Winans, Winchester, 'Witcher, Wood, Woodward 
—142. 

Nays— Messrs. Ambler, Arnell, Asper, Beatty, Benton, 
Bole.?, Bovven, Boyd, Buffinton, Ces.sna, Clarke, Aniasa 
Cobb, Col)urn, Dickey, Dixon, Donley, Ela, Ferriss, 
Fisher, Hamilton, Ilawloy, Hoar, Solomon L. Hoge, 
Kelley, Kel.'^cy. Lawrence, Loughridgo, Jlaynard, Mc- 
t'rary,' William Moore, Negley, O'Neill, Palmer, Phelps, 
Pomeroy, Roots, Shanks, William J. Smith, William 
Bmyth, Stevens, Stevenson, Stokes, Tafie, Tovvnsend, 
Ward, Cadwalader C. Washburn, Wheeler, B. F. Whitte- 
more, Willard — 49. 

In Senate. 

1870, January 17 — Mr. Edmunds moved to 
amend by inserting at the end of the bill the 
following proviso: 

Provided, That before any member of the leg- 
islature of said State shall take or resume his 
seat, or any officer of said State shall enter upon 
the duties of his office, he shall take and sub- 
scribe and file in the office of the secretary of 
state of Virginia, for permanent preservation, 

an oath in the form following: " I, , do 

solemnly swear that I have never taken an oath 
as a member of Congress, or as an officer of the 
United States, or as a member of any State leg- 
islature, or as an executive or judicial officer of 
any State, to support the Constitution of the 
United States and afterward engaged in insur- 
rection or rebellion against the same, or given 
aid or comfort to the enemies thereof: so help 
me God;" or such person shall in like manner 
take, subscribe, and file the following oath: " I, 

, do solemnly swear that I have by 

act of Congress of the United States been re- 
lieved from the disabilities imposed upon me by 
the XlVth Amendment of the Constitution of 
the United States: so help me God;" which 
oaths shall be taken before and certified by any 
officer lawfully authorized to administer oaths. 
And any person who shall knowingly swear 
falsely in taking either of such oaths shall be 
deemed guilty of perjury, and shall be punished 
therefor Dy imprisonment not less than one year 
and not more than ten years, and shall be fined 
not less than $1,000 and not more than $10,000. 
And in all trials for any violation of this act the 
certificate of the taking of either of said oaths, 
with proof of the signature of the party accused, 
shall be taken and held as conclusive evidence 
that such oath was regularly and lawfully admin- 
ktered by competent authority; And provided 
further. That every such person who snail ne- 
glect for the period of thirty days next after the 
passage of this act to take, subscribe, and file 
such oath as aforesaid, shall be deemed and 
taken, to all intents and purposes, to have 
vacated his office ; 

Which (January 19) was agreed to — yeas 45, 
nays 16, as follow : 

Yeas— Messrs. Abbott, Anthony, Boreman, Brown- 
low, Buckingham, Cameron, Carpenter, Chandler, Cole, 
Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, 
Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Mc- 
Donald, Morrill of Maine, Morrill of Vermont, Morton, 
Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, 
Rice, Robertson, Sawyer, Schurz, Scott, Sherman, 
Spencer, Sumner, Thayer, Tipton, Warner, Willey, 
Williams, Wilson — 45. 

Nats — Messrs. Bayard, Casserhj, Davis, Ferry, Fow- 
ler, William T. Hamilton, Kellogg, MeCreerfi, Norton, 
Ross, Saulsbury, Stewart, Stockton, Thurman, Trumbull, 
Vickers — IG. 

January 21 — Mr. Drake moved to insert at 
the end of the bill the following: 



And provided further, That the State of Vir- 
ginia is admitted to representation in Congress 
as one of the States of the Union, upon the fol- 
lowing fundamental conditions : First. That the 
constitution of Virginia shall never be so amended 
or changed as to deprive any citizen or class of 
citizens of the United States of the right to vote 
who are entitled to vote by the constitution 
herein recognized, except as a punishment for 
such crimes as are now felonies at common law, 
whereof they shall have been duly convicted 
under laws equally applicable to all the inhabit- 
ants of said State: Provided, That any altera- 
tion of said constitution, prospective in its effects, 
may be made in regard to the time and place of 
residence of voters. 

Mr. Schurz moved to amend the amendment 
by inserting after the word "vote," the words 
"or to hold office," which was not agreed to — 
yeas 28, nays 32, as follow: 

Yeas — Messrs. Abbott, Anthony, Boreman, Brown- 
low, Buckingham, Chandler, Edmunds, Gilbert, Ham- 
lin, Harlan, Harris, Howe, McDonald, Morrill of Ver- 
mont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, 
Robertson, Schurz, Spencer, Sumner, Thayer, Warner, 
Wilson, Yates — 28. 

Nays — Messrs. Bni/ard, Carpenter, Casserlij, Cole, 
Conkling, Corbett, Cragin, Davis, Drake, Fenton, Ferry, 
Fowler, William T. Hamilton, Howard, Kellogg, Mor- 
rill of Maine, Norton, Nye, Patter.son, Ross, Saidshury, 
Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, 
Tipton, Trumbull, Vickers, Willey, Williams— 32. 

The amendment of Mr. Drake was agreed to — 
yeas 31, nays 28, as follow: 

Yeas— Messrs. Abbott, .4nthony, Boreman, Brownlow, 
Buckingham, Chandler, Cragin, Drake, Edmunds, Gil- 
bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, 
McDonald, Morrill of Vermont, Morton, O&born, Pat- 
terson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Spen- 
cer, Sumner, Thayer, Wilson, Yates— 31. 

Nays — Messrs. Bayard, Carpenter, Casserly, Cole, 
Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Wil- 
liam T. Hamilton, Morrill of Maine, Norton, Nye, Ross, 
Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, 
Thurman, Tipton, Trumbull, Vickers, Warner, Willey, 
Williams— 28. 

Same day, Mr. Drake moved further to amend 
by inserting at the end of the bill the following: 

Second. That it shall never be lawful for the 
said State to deprive any citizen of the United 
States, on account of his race, color, or previous 
condition of servitude, of the right to hold office 
under the constitution and laws of said State, or 
upon any such ground to require of him any other 
qualifications for office than such as are required 
of all other citizens. 

Which was agreed to — yeas 30, nays 29, as 
follow : 

Yeas — Messrs. Abbott, Boreman, Brownlow, Bucking- 
ham, Chandler, Drake, Edmunds, Gilbert. Hamlin, Har- 
lan, Harris, Howard, Howe, Kellogg, McDonald, Mor- 
rill of Vermont, Morton, Osborn, Patterson, Pomeroy, 
Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sum- 
ner, Thayer, Wilson, Yates — 30. 

Nays — Messrs. Bayard, Carpenter, Casserhj, Cole, 
Conkling, Corbett, Cragin, Davis, Fenton. Ferry, Fow- 
ler, William T. Hamilton, Morrill of Maine, Norton, Nye, 
Ross, Saulshury, Sawyer, Scott, Sherman, Stewart, Stock- 
ton, Thurman, ' Tipton, Trumbull, Vickers, Warner, Wil- 
ley, Williams — 29. 

Same day, Mr. Wilson moved to amend by in- 
serting at the end of the bill the following: 

Third. That the constitution of Virginia shall 
never be so amended or changed as to deprive anj' 
citizen or class of citizens of the United States of 
the school rights and privileges secured by the 
constitution of said State. 



576 



POLITICAL MANUAL. 



Which was agreed to — yeas 31, nays 29, as 

follow : 

Yeas — Messrs. Abbott, Anthony, Boreman. Brownlow, 
Buckingham, Cliandlcr, Cragin" Drake, Edmunds, Gil- 
bert, Hamlin, Harlan, Harris, Howard, Howe, McDon- 
ald, Morriil of Vermont, Morton, O.sliom, Patterson, 
Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, 
Spencer, Sumner, Thayer, Wilson, Yates — 31. 

Nats — Messrs. Bar/ard, Carpenter, Casserly, Cole, 
Conkling, Corbett, Davis, Fenton, Perry, Fowler, Wil- 
liam T. Hamilton, Kellogg, Morrill of "Maine, iVo7-ton, 
Nye. Ross, SauUbury, Sawyer, Scott, Sherman, Stewart, 
Stockton, 7"/j»rman, Tipton, Trumbull, PJcAers, Warner, 
Willey, Williams— 29. 

Same day Mr. Morton moved to amend the 
preamble as follows: 

The people of Virginia have framed and adopted 
a constitution of State government which is re- 
publican ; and whereas the Legislature of Virginia 
elected under said constitution have ratified the 
XlVth and XVth amendments to the Constitu- 
tion of the United States ; and whereas the per- 
formance of these several acts in good faith was 
a condition precedent to the representation of the 
State in Congress : Therefore 

Which was agreed to — yeas 39, nays 20, as 
follow : 

Yeas— Messrs. Abbott, Anthony, Boreman, Brown- 
low, Buckingham, Chandler, Cole, Cragin, Di-ake, Ed- 
munds, Fenton, Gilbert, Hamlin, Harlan, Harris, How- 
ard, Howe, McDonald, Jlorrill of Maine, Morrill of 
Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, 
Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Spen- 
cer, Sumner, Thayer, Tipton, Willey, Williams, Wilson, 
Yates— 39. 

Nays — Messrs. iJayard, Carpenter, Cas«erft/, Conkling, 
Corbett, 2>ai'is, Ferry, Fowler, William T.Hamilton,Ke\- 
logg, Norton, Nye, Saulsbury, Sherman, Stewart, Stock- 
ton, Thurman, Trumbull, Vickers, Warner— 20. 

The bill as amended passed the Senate and was 
concurred in by the House as above. 

' The following bill passed both houses without 
opposition; the House, January 27; the Senate, 
January 31: 

An Act to amend an act entitled "An act to ad- 
mit the State of Virginia to representation in 
the Congress of the United States."- 
Be it enacted, &c., That wherever the word 
"oath" is used in the act entitled "An act to ad- 
mit the State of Virginia to representation in 
the Congress of the United States," it shall be 
construed to include an affirmation ; and every 
person required by said act to take either of the 
oaths therein prescribed, who has religious or 
conscientious scruples against taking an oath, 
may make and file an affirmation to the same pur- 
port and effect: Provided, That all the pains and 
penalties of perjury prescribed by said act shall 
apply also to any false affirmation taken there- 
under. 

Approved, February 1, 1870. 

AN ACT to admit the State of Mississippi to Bep- 
resentation in tbe Congress of the United States. 

Whereas the people of Mississippi have framed 
and adopted a constitution -of State government 
which is republican ; and whereas the legislature 
of Mississippi elected under said constitution has 
ratified the XlVth and XVth amendments to the 
Constitution of the United States; and whereas 
the performance of these several acts in good 
faith is a condition precedent to the representa- 
tion of the State in Congress : Therefore, 



Be it enacted, &c., That the said State of Mis- 
sissippi is entitled to representation in the Con- 
gress of the United States : Provided, That before 
any member of the legislature of said State shall 
take or resume his seat, or any officer of said 
State shall enter upon the duties of his office, he 
shall take and subscribe and file in the office of 
the secretary of state of Mississippi, for perma- 
nent preservation, an oath or affirmation in the 

form following: "I, , do solemnly swear 

(or affirm) that I have never taken an oath as a 
member of Congress, or as an officer of the United 
States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, 
to support the Constitution of the United States 
and afterward engaged in insurrection or rebel- 
lion against the same, or given aid or comfort to 
the enemies thereof: so help me God;" or under 
the pains and penalties of perjury, (as the case 
may be;) or such person shall in like manner 
take, subscribe, and file the following oath or 

affirmation: "I, , do solemnly swear (or 

affirm) that I have by act of Congress of the 
United States been relieved from the disabilities 
imposed upon me by the XlVth Amendment of 
the Constitution of the United States: so help me 
God;" or under the pains and penalties of per- 
jury, (as the case may be;) which oaths or af- 
firmations shall be taken before and certified by 
any officer lawfully authorized to administer 
oaths. And any person who shall knowingly 
swear or affirm falsely in taking either of such 
oaths or affirmations shall be deemed guilty of 
perjury, and shall be punished therefor by im- 
prisonment not less than one year and not more 
than ten years, and shall be fined not less than 
$1,000 and not more than $10,000. And in all 
trials for any violation of this act the certificate 
of the taking of either of said oaths or affirma- 
tions, with proof of the signature of the party 
accused, shall be taken and held as conclusive 
evidence that such oath or affirmation was regu- 
larly and lawfully administered by competent 
authority: And provided further. That every 
such person who shall neglect for the period of 
thirty days next after the passage of this act to 
take, subscribe, and file such oath or affirmation 
as aforesaid shall be deemed and taken, to all 
intents and purposes, to have vacated his office: 
And provided further. That the State of Missis- 
sippi is admitted to representation in Congress 
as one of the States of the Union upon the fol- 
lowing fundamental conditions: First, That the 
constitution of Mississippi shall never be so 
amended or changed as to deprive any citizen or 
class of citizens of the United States of the right 
to vote who are entitled to vote by the constitu- 
tion herein recognized, except as a punishment 
for such crimes as are now felonies at common 
law, whereof they shall have been duly convicted 
under laws equally applicable to all the inhabit- 
ants of said State : Provided, That any alteration 
of said constitution, prospective in its effects, 
may be made in regard to the time and place of 
residence of voters. Second, That it shall never 
be lawful for the said State to deprive any citi- 
zen of the United States, on account of his race, 
color, or previous condition of servitude, of the 
right to hold office under the constitution and 
laws of said State, or upon any such ground to 



RESTORATION OF VIRGINIA, ETC. 



577 



require of him any other qualifications for office 
than such as are required of all other citizens. 
Third, That the constitution of Mississippi shall 
never be bo amended or changed as to deprive 
any citizen or class of citizens of the United 
States of the school rights and privileges secured 
by the constitution of said State. 

Approved, February 23, 1870. 

The final votes on this act were as follow : 

In House, February 3, 1870. 

Yeas— Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell, Asper,Ayer, Banks, Beaman.Beatty, Benjamin, 
Bennett, Benton, Bingham, Blair, Boles, Booker, Bow- 
en, Boyd, Georfje M. Brooks, Buck, Buckley, Buffinton, 
I5urcharQ, Burdett, Benjamin F. Butler, Roderick R. 
Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, 
Clinton L.Cobb, Coburn, Cook, Conger, Cowles, CuUom, 
Davis, Dawes, Dovveese, Dickey, Dixon. Dockery, Don- 
ley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, 
Finkelnburg, Fitch, Garfield, Gilfillan, Hale, Hamilton, 
Hawley, Hay, Heflin, Hill, Solomon L. Hoge, Hooper, 
Jcnckes.Judd, Julian, Kelley, Kellogg, Kelsey, Ketch- 
r.m, Knapp, Lafiin, Lash, Lawrence, Logan, Lough- 
ridge, Lynch, Maynai J, McCrary, McGrew, McKenzie, 
Mercur, Milnes, Eliakim H. Moore. William Moore, 
Daniel J. Morrell, Samuel P. Blorrill, Myers, Negley, 
O'Neill, Orth, Packard, Packer, Paine, Peters, Phelps, 
Piatt, Pomcroy, Prosser, Ridgway, Roots, Sargent, Saw- 
yer, Seofield, Shanks, Lionel A. Sheldon, Porter Shel- 
don, John A. Smith, William Smyth, Starkweather, 
Stevens, Stevenson, Stokes, Stoughton, Strong, Taffe, 
Tanner, Tillman, Townsend, Twiehell, Tyner, Upson, 
Van Horn, Ward, Cadwalader C. Washburn, William B. 
Washburn, Welker, Wheeler, B. F.Whittemore, Wilkin- 
son, Willard, Williams, John T. Wilson, Winans— 131. 

Nats — Messrs. Adams, Archer, Beck, Biggs, Bird, James 
Bronks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinsrm, Dnx, 
Eldridge, Gelz, Gil>son, GoUaday, Greene, Griswold, Haight, 
Hambietnn, Hamdl. Hoar, ffolman, Johnson, Thomas L. 
Jones, Kerr, Knntt, Marshall, Mayhnm, McCurmick, McNeehj, 
Morgan, Nil/lack, Palmer, Potter, Rani all, Reading, Reeves, 
Rice, Rogrrs, Schumaker, ,sherrod. Stiles, Stone, Strader, 
Swann, Sweeney, Van Auken, Van Trump, Voorhees, Wells, 
Winchester, Wood, Woodward— 5G. 

In Senate, February 17, 1870. 

Yeas— Messrs. Abbott. Anthony, Boreman, Brown- 
low, Buckingham, Cameron, Chandler. Cole, Conkling, 
Corbett, Cra<;in, Drake, Edmunds, Fenton, Gilbert, 
Hamlin, Harlan, Harris, Howard, Howe, Howell, Kel- 
logg, McDonald, Morrill of Maine, Morrill of V^ermont, 
Morton, Nye.Osbom, Patterson, Pomeroy, Pool, Pratt, 
Ramsey, Rice, Robertson, Ross. Sawyer, Scott, Spen- 
cer, Sprague, Stewart, Sumner, Thayer, Tipton, Trum- 
bull, Warner, Willey, Williams, Wilson, Yat -s — 50. 

Nats — Messrs. Bai/ard, Casserlt/, Davis, Fowler, Wil- 
liam T. Hamilton, Johnston, McCreery, Saulsbury, Stock- 
ton, Thurman, Vickers — 11. 

Frevions Votes. 

In HocrsE. 

Mr. Beck offered as a substitute the following: 

Whereas the people of Mississippi have framed 
and adopted a constitutional State government, 
which is republican in form: Therefore, 

Be it enacted, &c.. That the said State of Mis- 
sissippi is entitled to representation in the Con- 
gress of the United States. 

Which was not agreed to — yeas 83, nays ICO, 
as follow : 

Yeas — Messrs. Adams, Axtell, Barnum, Beck, Siggs, 
Bird, Blair, James Brooks, Burchard, Burr, Calkin, 
Cleveland, Cox, Crebs, Deweese, Dickinson, Dockery, Box, 
Eldridge, Farnsworth, Ferry, Finkelnburg, Pitch, Gar- 
field. Gctz, Gibson, Golladati, Griswold, Haight. Hale, 
Hambleton, Hamill, Hawkins, Hay, Hill, Iloiman, 
Jenckes, Johnson, Thomas L. Jones, Kellogg, A'crr, 
Ketcham, Knott, Laflin, Logan, Marshall, Mayham, 
McCortnick, McKenzie, McNeely, Milnes, Morgan, Niblack, 
Orth, Potter, Randall, Reading, Reeves, Rice, Ridgway, 
Rogers, Schumaker, Sherrod, Slocum, Joseph S. Smith, 
Stiles, Stone, Strong, Swann, Sweeney, Tanner, Tillman, 
Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene 

'61 



M. Wilson, Winans, Winchester, Witcher, Vi'ood, Wood- 
ward — S3. 

Nats — Messrs. Allison, Ambler, Armstrong, Arnell, 
Asper. Ayer, Banks, Beaman, Beatty, Benjamin, Ben- 
nett, Benton, Boles, Booker, Boyd, George M. Brooks, 
Buck, Buckley, Buffinton, Burdett, Benjamin F. But- 
ler, Roderick R. Butler, Cake, Cessna, Churchill, 
Clarke. Amasa Cobb, Clinton L. Cobb, Colsurn. Cook, 
Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, 
Ela, Ferriss, Hamilton, Hawley, Heflin, Hoar, Judd, 
Julian, Kelley, Kelsey, Knapp, Lash, Lawrence. Lynch, 
McCrary, McGrew, Mercur, Eliakim H. Moore, William 
Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, 
Negley, O'Neill, Packard, Packer, Paine, Palmer, Pe- 
ters, Phelps, Piatt, Pomeroy, Prosser, Sargent, Sawyer, 
Schenck, Scotleld, Shanks, Lionel A. Sheldon. Porter i 
Sheldon, John A. Smith, William J. Smith, William \ 
Smyth, Starkweather, Stevens, Stevenson, Stokes, ; 
Stoughton, Taffe, Townsend, Twiehell, Tyner, Upson, 
Van Horn, Ward, Cadwalader C. Washburn, William B. 
Washburn, Wheeler, B. F. Whittemore, Wilkinson, Wil- 
lard, Williams, John T. Wilson— 100. 

In Senate. 

February 17 — Mr. Willey moved to strike out 
the third proviso and insert as follows: 

So much of the act of Congress entitled "An act 
to admit the State of Virginia to representation 
in the Congress of the United States," approved 
January 26, 1870, as declares that Virginia is 
admitted to representation upon certain funda- 
mental conditions therein expressed, be, and the 
same is hereby, repealed. 

Which was disagreed to — ^yeas 23, nays 36, as 
follow: 

Yeas — Messrs Bayard, Casserly, Conkling, Davis, Fer- 
ry, Fowler, William T. Hamilton, Johnston, Kellogg, Mc- 
Creery, Nye, Ross, Saulsbury, Sawyer, Sprague, Stewart, 
Stockton, Thurman, Trumbull, Vickers, Warner, Willey, 
Williams— 23. 

Nats— Messrs. Abbott, Anthony, Boreman, Brown- 
low, Buckingham, Cameron, Chandler, Cole, Cragin, 
Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, 
Harris, Howard, Howell, McDonald, Morrill of Ver- 
mont, Morton, Osborn, Patterson, Pomeroy, Pool, 
Pratt, Ramsey, Rice, Robertson, Scott, Spencer, Sum- 
ner, Thayer, Tipton, Wilson, Yates — 36. 

The Committee on the Judiciary recommended 
to amend by striking out all the provisos ; which 
was disagreed to — yeas 27, nays 32, as follow : 

Yeas— Messrs. Bayard, Casserly, Cole, Conkling, Davis, 
Fenton, Ferry, Fowler, William T, Hamilton, Johnston, 
Kellogg, McCreery, Morrill of Maine, Ross, Saulsbury, 
Sawyer, Scott, , Sprague, Stewart, Stockton, Thurman, 
Tipton, Trumbull, Vickers, Warner, Willey, Williams— 
27. 

Nats — Messrs. Abbott, Anthony, Boreman, Brown- 
low, Buckingham, Cameron, Chandler, Cragin, Drake, 
Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, 
Howell, McDonald, Morrill of Vermont, Morton, Nye, 
Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robert- 
son, Spencer, Sumner, Thayer, Wilson, Yates — 32. 

So the bill passed as above. 

AN ACT to admit the State of Texas to repre- 
sentation in the Congress of the United States- 

Whereas the people of Texas have framed and 
adopted a constitution of State government which 
is republican; and whereas the Legislature of 
Texas elected under said constitution has ratified 
the XlVth and XVth amendments to the Con- 
stitution of the United States ; and whereas the 
performance of these several acts in good faith is 
a condition precedent to the representation of the 
State in Congress : Therefore, 

Be it enacted, &c.. That the said State of Texas 
is entitled to representation in the Congress of 
the United States : Provided, That before any 
member of the legislature of said State shall take 
or resume his seat, or any officer of said State 



578 



POLITICAL MANUAL. 



shall en tor upon the duties of his oflSce, he shall 
take and subscribe and file in the office of the 
secrptar\f of state of Texas, for permanent preser- 
vation, an oath or afiirmation in tlie form fol- 
lowing: "I, , do solemnly swear (or 

alfirm) that I have never taken an oath as a 
member of Congress, or as an ofiicer of the United 
States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, 
to support the Constitution of the United States 
and afterward engaged in insurrection or rebel- 
lion against the same, or given aid or comfort to 
the enemies thereof: so help me God ;" or under 
the pains and penalties of perjury, (as the case 
may be;) or such person shall, in like manner, 
take, subscribe, and file the following oath or 

affirmation: "1, , do solemnly swear 

(or atSrm) that 1 have, by act of Congress of the 
United States, been relieved from the disabilities 
imposed upon mo by the XlVth Amendment of 
the Constitution of the United States: so help me 
God;" or under the pains and penalties of per- 
jury, (as the case may be;) which oaths or af- 
firmations shall be taken before and certified by 
any officer lawfully authorized to administer 
oaths. And any person who shall knowingly 
swear or affirm falsely in taking either of such 
oaths or affirmations shall be deemed guilty of 
perjury, and shall be punished therefor by im- 
prisonment not less than one year, and not more 
than ten years, and shall be fined not less than 
one thousand dollars, and not more than ten 
thousand dollars. And in all trials for any vio- 
lation of this act the certificate of the taking of 
either of said oatlis or affirmations, with proof of 
the signature of the party accused, shall be taken 
and held as conclusive evidence that such oath or 
affirmation was regularly and lawfully adminis- 
tered by competent authority : And provided fur- 
ther, That every such person who sliall neglect 
for the period of thirty days next after the pas- 
sage of this act to take, subscribe, and file such 
oath or affirmation, as aforesaid, shall be deemed 
and taken, to all intents and purposes, to have 
vacated his office : And provided further, That 
the State of Texas is admitted to representation 
in Congress as one of the States of the Union, 
upon the following fundamental conditions : First, 
Tliat the constitution of Texas shall never be so 
amended or changed as to deprive any citizen or 
class of citizens of the United States of the right 
to vote who are entitled to vote by the constitu- 
tion herein recognized, except as a punishment 
for sue! I crimes as are now felonies at common 
law, whereof thev shall liave been duly convicted 
under laws equally applicable to all the inhabit- 
ants of said State: Provided, That any alteration 
of Haid constitution, prospective in its eii'ccts, may 
be made in regard to tlie time and place of resi- 
dence of voters. Second, That it shall never be 
lawful for the said State to deprive any citizen 
of the United States, on account of his race, color, 
or previous condition of servitude, of the right to 
liold office under the constitution and laws of said 
State, or upon any such ground to require of him 
any otlier qualifications lor office than such as are 
required of^ all other citizens. Third, That tlie 
constitution of Texas shall never be so amended 
or changed as to deprive any citizen or class of 
citizeus of the United States of the school rights 



and privileges secured by the constitution <. i said 
State. 

Approved, March 30, 1870. 

The final votes on this act were as follow: 
In Senate, March 29, 1S70. 

Yeas— Messrs. Abbott, Boreman, Brownlovv, Bucls- 
in;^ham, Cameron, Cattell, Chandler, Cole, Corbctt, Cra- 
Rin, Drake, Feuton, Ferry, Gilbert. Hamlin, Harlan, 
Harris, Howard, Howell, Lewis, McDonald, Morrill of 
Jlainc, Morrill ol Vermont, Morton, Nyo, Ot^born, Pat- 
terson, Pomeroy, Pratt, Uamsey, Revels, Rice, Robert- 
son, Rosa, Sawyer, Seliurz. Scott, Sherman, Sprague, 
Stewart, Sumner, Thayer, Tipton, Wavner, Willey, Wil- 
liams, Wilson — '17. 

Nats — Messrs Bayard, Casserly, Davis. WiUiani T. 
Hamilton, Johnston, McCreery, Norton, Saulsbury, Stock- 
ton, Thurman, Vickers — H. 

In House, March 30, 1870. 

Yeas — Messrs. Allison, Ambler, Ames, Arnell, Asper, 
Atwood, Ayer, Beaman, Beatty, Benjamin, Bennett, 
Benton, Bluir, Boles, Boyd, George M. Brooks, Buck, 
Buckley, Buflinton, Burchard, B'urdett, Benjamin F. 
Butler, Cake, Cessna, Sidney Clarke, Clinton L.Cobb, 
Goburn, Cook, Conger, Covode, Cowlcs, Cullom, Davis, 
Dawes, Dickey, Dixon, Dockery, Donley, Duval, Dyer, 
Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, 
Garfield, Gilfi I Ian, Hale, Hamilton. Harris, Hawley, Hay, 
Heaton, Heflin, Hill, Hoar, Hoge, Hooper, ln.u:ersoll, 
Jenckes. Alexander H. Jones, Judd, Julian, Kclley, 
Kelsey, Knapp, Lash, Lawrence, Logan, Loughridtrc, 
Lynch, Maynard, McCarthy, MeCrary, McGiew, Mc- 
Kcnzie, Mercur, Milnes, Eliakim H. Moore, Vv'illiam 
IMoore, IMorphis, D. J. Morrell, Myers, Neglcy, O'Neill, 
Orth. Packard, Packer, Paine, Perce, Peters, Piatt, Po- 
land, Pomeroy, Prosser, Roots, Sanford, Sargent, Saw- 
yer, Sehenck,.9cotield, Shanks, Lionel A. Sheldon, Por- 
ter Sheldon. John A.Smith, William J. Smith, Worthing- 
ton C. Smith, William Smyth, Stevens, Stevensoii, 
Stokes, Stoughton, Stricklarid, Taffe, Tillman. Tyner, 
Upson, Van Horn, Van Wyck, Ward, Cadwalader C. 
Washburn, William B. Washburn, Welker, Wheeler, 
Wilkinson, Williams, John T. Wilson, Winans, Witch- 
er— i;jO. 

Nays — MoB=rs. Adams, Archer, Axtell. Beck, Bigqs, 
Bird, James Brooks, Burr, Calkin, Cleveland, Cox. Crcbs, 
Dickinson, Dox. Eldridge, Getz, Oibson, Grisirotd, Haight, 
Haldeman, Ilambleton, Ilamill, Holman. Kerr, Knott, 
Marshall. Mai/ham, McCormick, McNeely, Morgan. Munrjen, 
Niblack, Potter, Randall, Reading, Rice. Ridgway, S'chu- 
maker, Sherrod, Slocum, Joseph 8. Smith, Stiles, Stone, 
Swann, Sweeney, Trimble, Van Trump, U'cWs, Eugene il. 
Wilson, IFood— 50. 

Previous Votes. 

In House. 

1870, March 15— Mr. B. F. Butler, from the 
Committee on Reconstruction, reported the above 
bill, with the addition of the following proviso: 

Provided further, That this act shall not affect 
in any manner the conditions and guarantees 
upon wliich the State of Texas was annexed and 
admitted as a State. 

Mr. Wood moved to add to the end of the bill 
the following: 

And provided further. That this act shall re- 
admit the State of Texas to all the rights of 
other States within the Union, without qualifica- 
tion or fundamental conditions, except as herein 
stated. 

Which was disagreed to — yeas 49, nays 121, 
as follow : 

Yeas — Messrs. Adams, Archer. Barnum, Beck, Bifigs, 
Bird, James Brocks, Burr. Calkin, Crebs, Vickinr.mi. Vox, 
Kldridgp, Cetz, Qfiswold, Ilaiijld, ITuldem'in, Hamill, IlnJr 
man, Jnhnion, Kjerr. Knotl, il lyhnm, McOn-mick, McKen- 
zie, McNeely, Mnnjan, Mumien, Ntblack, Puller, Randall, 
Reading, Reeves, Rice, Ridgway. Rogers, Sco(i(i\d, Sherrod, 
Slocum, Sttles, Stone., Swann, Trimble, Van Aul.cn, Van 
Trump, Viinrhrcs, Wills, Eugene M. Wilson, Wand — '!9. 

Nav.s— Messrs. Allison, Ambl-^r, Armstrong, Arnell, 
Asper, Atwood, Axtell, Beatty. Benjamin, Blair, Bolos, 
Booker, Boyd, George M. Brooks, Buck, Buckley, 



DECLARATORY RESOLUTIONS. 



579 



Buffinton, Burchard, Biirdett, Benjamin F. Butler, 
Koderick R. Biulor, Cake, Cessna, Churchill, Sidney- 
Clarke, Ama?a Cobb, Clinton L. Colib, Coburn, Conner, 
Covode, Cullom, Dawes, Duval. Ela, Ferriss, Ferry, 
Finkelnburg, Fisher, Garfield, Hamilton, Harris, Haw- 
kins, Hawley, Hay, Heaton, llcflin, Hill, Hoar, Hooper, 
InsersoU, Jenckes, Alexander H. Jones, Judd, Julian, 
Kelley, Kellogg, Kelsey, Ketcham, Laflin, Logan, 
Lougiiridge, Lynch, Mavnard, McCarthy, McCrary, 
McGrcw, McKee, Jesse H. Moore, William Moore, 
Morphis, Moirell, Morrill, Myers, O'Neill, Orth, Tack- 
ard, Packer, Paine, Palmer, Perce, Peters, Poland, 
Pomeroy, Prosser, Ptoots, Sanford, Sargent, Sawyer, 
Schenck, Schumaker, Shanks, Lionel A. Sheldon, 
Porter Sheldon, John A. Smith, William J. Smith, 
Worthington C. Smith, William Smyth, Starkweather, 
Stevens, Stevenson, Stokes, Stoughton, Striclcland, 
Strong, TafFee, Tillman, Townsend, Twichell, Tyner, 
Upson, Van Horn, Ward, Cadwalader C. Wa«hburn, 
William B. Washburn, Welker, Wheeler, Wilkinson, 
Willard, Williams, John T. Wilson, Winans— Ivil. 

Mr. Beck moved to amend by substituting as 
follows: 

" Whereas the State of Texas has a constitu- 
tion of State government republican in form: 
Therefore, 

"Be it enacted by the Senate and House of 
Kepresentatives of the United States of America 
in Congress assembled, that the said State of 
Texas is entitled to representation in the Con- 
gress of the United States." 

Which was disagreed to — yeas 52, nays 106 — 
as follow: 

Yeas— Messrs. Adams, Archer, Beck, Biggs, Bird, Blair, 
James Brooks, Burr, Calkin, Dickinson, Dockery, Dox, Eld- 
Hdge, Fnri\BWortb^Getz,Griswnld, HaigM,Haldi'man, Hamill, 
Hawliins, Hay, Ilalman, Johnson, Kerr, Knott, Mayham, 
McCormicl; McKcnzie, McNeely, Morgan, Mungen, JViUack, 
Potter, Randall, Heading, Heevs, Rice, Ridgway, Rogers, 
Scliuniaker, i<lierrod, Slocum, Stiles. Stone, Swann, Trimble, 
Van Auken, Van Trump, Voitrltees, Wells, JEuyene M. Wilson, 
IFood— 52. 

Nays — Messrs. Allison, Ambler, Armstrong, Arnell, 
Asper, Atwood, Ayer, Banks, Beaman, Beatty, Benja- 
min, I3oles, Booker, Boyd, George M. Brooks, Buck, 
Buckley, Buttinton, Burdett, Benjamin F. Butler, Rod- 
erick R. Butler, Cessna, Sidney Clarke, Amasa Cobb, 
Coburn, Cook, Conger, Covode, Donley, Duval, Ferriss, 
Ferry, Finkelnburg, Hamilton, Harris, Hawley, Hea- 
ton, Heflin, Hill, Hoar, Ingersoll, Jenckes, Alexander 
H. Jones, Judd, Julian, Kelley, Kelsey, Loughridge, 
Lynch, Maynard, McCarthy, McCrary, McGrew, McKee, 
William Moore, Morphis, Morrel!, Morrill, Myers, Neg- 



ley, O'Neill, Orth, Packard, Packer, Paine, Palmer, 
I'erce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, 
Sanford. Sargent, Sawyer, Schenck, Scofield, Shanks, 
Lionel A. Sheldon, Porter SheMon, John A. Smith, 
William J. Smith, William Smyth. Starkweather. Ste- 
venson, Stokes, Stougliton, Strickland, Strong, Taffe, 
Tillman. Townsend, Twichell, Tyner, Upson, Van Horn, 
Ward, Cadwalder C. Washburn, William B. Washburn. 
Welker, Wheeler, Wilkinson, Willard, Williams, Win- 
ans — 100. 

The bill was then passed as reported — yeas 127, 
nays 46, as follows: 

Yeas — Messrs. Allison. Ambler, Armstrong, Arnell, 
Asper, Atwood, Bailey, Banks, Beaman, Beatty, Benja- 
min, Blair, Boles, Booker, Bowen, Boyd, George M. 
Brooks. Buck, Buckley, Buffinton, Burchard, Burdett, 
Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, 
Churchill, Sidney Clarke, Amasa Cobb, Coburn, Cook, 
Conger, Covode, Cullom, Dawes, Dockery, Donley, Du- 
val, Farnsworth, Ferriss, Ferry, Finkelnburg, Fitch, 
Garfield, Hale. Hamilton, Harris. Hawley, Haj', Heaton, 
Heflin, Hill. Hoar, Ingersoll, Jenckes, Alexander H. 
Jones, Judd, Julian, Kelley, Kellogg. Kelsey, Ketch- 
am, Latiin. Logan, Ivoughridge, Lynch. M.aynard, Mc- 
Carthy, McGrew, McKee, McKenzie, Willi.am Moore, 
Morphis, Morrell, Morrill, BIyers, Negley, O'Neill, Orth, 
Packard, Packer, Paine, Perce, Peters, Phelps, Poland, 
Pomeroy, Prosser, Ridgway, Roots, Sanford, Sargent, 
Sawyer Schenck. Scofield, Shanks, Lionel A. Sheldon, 
Porter Sheldon, John A. Smith, William J. Smith, 
Worthington C. Smith, William Smyth, Starkweather, 
Stevens, Stevenson, Stokes, Stoughton, Strickland, 
Strong, Sweeneg, Taffe, Tillman, Townsend. Twichell, 
Tyner, Upson, Van Horn, Ward, Cadwalader C.Wash- 
burn. William B. Washburn, Welker. Wheeler, Wilkin- 
son, Willard, Williams, John T. Wilson. Winans— 127. 

Navs — !\Iessrs. Adams, Archer, Ayer, Beck, Biggs, Bird, 
James Brooks, Burr, Calkin, Dickinson, Dox, Eldridge, 
Getz, Griswold, Haight, Haldcman, ITamill, Ilolman. John- 
son, Kerr, Knott, Magham, McCormick, McNeelg, Morgan, 
Niblack, Potter, Randall, Reading, Reeves, Rice, Rogers, 
Schnmaker, Sherrod, Slocum, Stiles. Stone, Strader, Sicann, 
Trimble, Van Auken, Van Trump, Voorhees, Wells, Eu- 
gene M. Wilson, Wood — 10. 

In Senate. 
1870, March 26 — Mr. Sherman moved to amend 
by strikingout the last proviso, which was agreed 
to, and the bill then passed both houses as above. 

The State of Virginia was turned over by the 
military to the civil authorities January 28, 1870 ; 
the State of Mississippi, February 28, 1870; and 
the State of Texas, April 16, 1870. 



LVI. 



DECLARATORY RESOLUTIONS 

ON REPUDIATION, PURCHASE OF U. S. BONDS, INCREASING THE CURRENCY. TARIFF, 
AMNESTY; AND THE VALIDITY OF THE XIVTH AND XVTH AMENDMENTS; AND THE 
BILL TO RE-APPORTION REPRESENTATIVES. 



IN HOUSE. 

On Repudiation. 

1869, December 16 — Mr. Garfield offered in 
Commitleeof the Whole the following resolution: 

licsolvcd. That the proposition, direct or indi- 
rect, to repudiate any portion of the debt of the 
United States is unworthy of the honor and good 
name of the nation; and that this House, with- 
out distinction of party .hereby sets its seal of con- 
demnation upon any and all such propositions. 



Which was reported to the House and agreed 
to — yeas 124, nays 1, as follow: 

Yeas— Messrs. ^(iawis, Allison, Ambler, Ames, Archer, 
Armstfong, Arnell, Asper, Barnum, Beatty, Blair, Boles, 
Boyd, George M. Brooks, James Brooks, Buffinton, 
Burchard, Cessna, Churchill, Clarke, Amasa Cobb. Co- 
burn, Conger, Cox, Crebs, Davis, Dawes, Dickey, Dixon, 
Donley, Dox, Duvall. Dyer, Ela, Eldridge, Farnsworth, 
Ferris, Finkelnburg, Fisher, Fitch, Garfield, Getz, Gil- 
fillan. Haldeman, Ilambleton. Hamill, Hawkins, Hawley, 
Hay, Heaton, Hill, Hoar, Ilolman, Hooper, Hotchkiss, 
Ingersoll, Jenckes. Alexander IL Jones, Julian. Kelley, 
Kellogg, Kelsey, Kerr, Ketcham, Knapp, Latiin, Law- 



580 



POLITICAL MANUAL. 



fence, Lvnch, Mai/ham, Slaynard, McCarthy, MrCor- 
mick, McGrcw. Morcur, Jesse II. Moore, William Moore, 
Mvers, Niblaek, O'Neill, Orth, Packard, Packer, Paine, 
Palmer, Phelps, Pomeroy, Potter, Randall, Sanl'ord, 
Sargent, Sawyer, Sehenek, Seofield, Shanks, Slocum, 
John A. Smith, William J. Smith, WorthingtonC.Smitli, 
■William S^myth, Starkweather, Stevens, Stevenson, 
Stiles, Strong, Sicann, Taffe, Tanner, Tillman, Twichell, 
Tyner, Upson, Van Horn, Ward, Cadwalader 0. Wash- 
burn, William 15. Washhiirn, Wclker, P. F Whittemore, 
Wilkinson, Willard, \\ i\liamf<, Eugene M. Wilson, JohnT. 
Wilson, Witcher, Woodward — 124. 
Nays — Mr. Thomas L. Jones — 1. 

On Purchasing Bonds. 

1870, January 31 — Mr. McNeely submitted 
the following resolution: 

Resolved, ^Ihat the national debt should be 
paid in strict compliance with the contract, 
whether it is made payable in gold or green- 
backs; that the five-twenty bonds are payable 
in greenbacks or their equivalent, and we con- 
demn the policy of the administration, which is 
squandering millions of money by buying such 
bonds at a high rate of premium, when the Gov- 
ernment had the clear ri"ht to redeem them at par. 

Which was laid on the table — yeas 122, nays 
42, as follow : 

Yeas— Messrs. Allison, Ames, Arnell, Asper, AxtcV, 
Bailey, Banks, Beaman, Benjamin, Bennett, Benton, 
Bingham, Blair, Boles, Bowen, Boyd, George M. Brooks, 
Buck, Buckley, Buffinton, Burehard, Cake, Cessna, 
Churchill, Clark, AmasaCobb, Clinton L. Cohb.Coburn, 
Conger, Cowles, Oullom, Dawes, Deweese, Dickey, Di.\- 
on, Dockery, Donley, Duval, Farnsworth, Ferriss, Fer- 
ry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, 
Greene, Hale, Hamilton, Hawley, Heaton, Hefiin, Hill, 
Hoar, Hooper, Jenekes, Judd, Kelley, Kellogg, Kelsey, 
Ketcham, Knapp, Laflin, Lawrence, Logan, Lough- 
ridge, Lynch, Maynard, McCrary. McGrew, Mereur, 
Eliakim H. Moore, William Moore. Daniel J. Morrell, 
Samuel P. Morrill, Myers, O'Neill, Orth, Packard, Pack- 
er, Paine, Palmer, Peters, Phelps, Piatt, Poland, Pom- 
eroy, Roots, Sargent, Sawyer, Sehenek, Seofield, 
Shanks, Lionel A. Sheldon, Porter Sheldon, Slocum, 
John A. Smith, William J. Smith, Worthington C.Smith. 
William Smyth, Starkweather, Stevens, Stevenson, 
Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, 
Tillman, Townsend, Twiehell, Tyner,"Upson, Cadwala- 
der C. Washburn, William B. Washburn, Welker, 
Wheeler, B. F. Whittemore, Wilkinson, Willard, Wil- 
liams— 122. 

Nays— Messrs. Adams, Beatty, Beck, Biggs. Bird, James 
Brooks, Burr, I'rehs. Dickinson, Vox, Eldriilge, Ge.tz, GH'srm, 
Golladaxi, Griswold, Hulman, Johnson, Thomas L. Jones, 
Kerr, Knott, Marshall, Mcl'ormick. McNeely, Murgan, Nib- 
lack, Heading, Bice, Schumnker, l^herrod. Joseph S. Smith, 
Stiles, Strader, Sweeney, Trimble, Van Aulen, Van Trui.-p, 
Voorhees, Wells, JEitgene M. Wilson, Winchester, Woodward 
—42. 

On Increasing the Currency. 

1870, February 14 — Mr. Loughridge offered 

the following resolution: 

Resolved, That in the opinion of the House the 
business interests of the country require an in- 
crease in the volume of circulating currency, and 
the Committee on Banking and Currency are 
instructed to report to the House, at as early a 
dav as practicable, a bill increasing the currency 
to 'the amount of at least $50,000,000. 

Mr. Ward moved to lay the resolution on the 
table, which was disagreed to — yeas 74, nays 92, 
as follow : 

Ye.\s— Messrs. Ames, Axtell, Banks, Barnum, Bea- 
man, Benton, Bird, George M. Brooks, James Brooks, 
Buckley, Buffinton, Burehard, Churclull, Cowles. Cox, 
Davis, Dawes, Di.xon, Duval, Ela, Ferriss, Fisher, Fitch, 
Garfield, Gc«z,Gimilan,i/oiV//j<. Hale, Hill, Hoar, Hooper, 
Hotchkiss, Jenekes, Kelley, Kellogg, Kelsey, Knapp, 
Laflin, Lynch, Me(irew, Mereur, Daniel J. Morrell, 
Samuel P. Morrill, Myers, Negley, O'Neill, Peters, Piatt, 
Poland, JPbtler, Randall, Reading, Sargent, Sawyer, ScAu- 



nia/.er, Seofield, Porter Sheldon, .S7o(;u»n,TrorthiBgton C, 
Smith, Starkweather, Stevens, Stiles. Strong, Tanner, 
Tillman, Townsend, Twiehell, Van Auken, Ward, Cad- 
walader C. Washburn, William B.Washburn, Wheeler, 
Willard, Woodward— li. 

Nays— Messrs. Allison, Armstrong, Asper, Beck, Ben- 
jamin, Biggs, Bingham, Boles, Booker, Boyd, Burdett, 
Burr, Amasa Cobb, Coburn, Cook, Conger, Crebs, De- 
weese, Dockery, Dox, Dyer, Eldridge, Farnsworth, Fer- 
ry, Finkelnburg, Gibson. Golladny, Greene, Griswold, 
Hawkins, Hawley, Hay, Heflin, Hoge, Jlolman, Inger- 
soll, Johnson, Ale.xander II. Jones, Thomas L. Jones, 
Judd, Kerr, Knott, Lash, Lawrence, Logan, Lough- 
bridge, Marshall, Moj/ham, Maynard, Mcl'ormick, Mc- 
Crary, McKenzic, McNccly, Eliakim H. .Moore, Morgan, 
Mungen, Niblaek, Orth, Packard, Packer. Paine, Palmer, 
Phel ps. Pomeroy, Prosser, Reeves, Rice, Ridgiraii, Rogers, 
Sehenek, Shanks, Lionel A. Sheldon, Joseph S. Snath, 
William Smyth, Stevenson, Stokes, ^<one, Stoughton, 
Strader. Swann, Taft'e, Trimble, Tyner, Van Horn, Voor- 
hees. Welker, Wells, Wilkinson, Eugene M. Wilson, John 
T. Wilson, Witcher, Hood— 92. 

February 21 — The resolution was agreed to — 
yeas 110, nays 73, as follow: 

Yeas — Messrs. Adams, Allison, Armstrong, Asper, 
Aver, Beatty, Beck, Benjamin, Bennett, Bingham, Boles, 
Booker, Boyd, Buck, Buckley, Burdett, i'«)-r, Benjamin 
F. Butler, Roderick R. Butler, Cake, Clarke, Amasa 
Cobb, i'ol)urn. Cook. Conger, C^-e6s, Culloni, Deweese, 
Dickey, Dickmson, DocTaery, Box, Dyer, Eldridge, Farns- 
worth. Ferry, Finkelnburg, Gib.^on, Gnlladay, Hamill, 
Hamilton, Hawkins, Hawiey, Ilay, Heaton, Heflin, 
Hoge, Hnlman, Ingersoll, Johnson, Alexander 11. Jones, 
Thomas L.Jones, Judd, Julian, Kerr, Knott, Lash, Law- 
rence, Logan, Loughridge, Marshall, Maynard, McCar- 
thy, McCormick, MeCrary, McNeely. Eliakim II. Moore, 
Jesse H. Moore, Morgan, Mungen, Niblaek, Orth, Pack- 
ard, Packer, Paine, Palmer, Pomeroy, Prosser, Rice, 
Rogers, Roots, Sehenek, Shanks, Lionel A. Sheldon, 
Sherrnd, John A. Smith, William J. Smith, William 
Smyth, Stevenson, Stokes, Stoughton, Strader, Strick- 
land, Swann, Tatle, Trimble, Tyner, Van Horn, Van 
Trump, Van Wyek, Voorhees, Welker, Welh. B. F. Whitte- 
more, Wilkinson, W illiams, Eugene M. Wiisoyt, John T. 
Wilson, Witcher, WW— no. 

Nats — Messrs. Ambler, Ames, Arnell, Axtell, Banks, 
Barnuvi, Beaman, Benton, Bird, Blair, Geo. M. Brooks, 
James Brooks, Buffinton, Burehard, Calkin, Cessna, 
Churchill, Cowles, Cox, Davis, Dawes, Duval, Ferriss, 
Fisher,Fitch, Garfield, Gete.Gilfillan, Haight , Haldeman, 
Hale, Hoar, Hooper, Ilotchkiss, Jencke*, Kelley, Kel- 
logg, Keteham, Knapp, Laflin, JI/('3//iawi, MeGrew, Wil- 
liam Moore, Samuel P. Mon-ill, Myers, O'Neill, Peters, 
Phelps, Piatt, VoXaml, Randall. Reading, Rccjoj, Sargent, 
Sawyor, Seofield, Slocum, Worthington C. Smitli, Stark- 
weather, Stevens, Strong, Tanner, Tillman, Townsend, 
Twichell, Upson, Ward. Cadwalader C. Washburn, Wil- 
liam B. Washburn, Wheeler, Willard, Winans, Wood- 
ward — 73. 

In Sekate. 

1870, February 24 — Mr. Williams submitted 
the following resolution; which was considered, 
by unanimous consent, and agreed to: 

Resolved, That to add to the present irredeem- 
able paper currency of the country would be to 
render more difficult and remote the resumption 
of specie payments, to encourage and foster the 
spirit of speculation, to aggravate the evils pro- 
duced by frequent and sudden lluctuations of 
values, to depreciate the credit of the nation, and 
to check the healthful tendency of legitimate 
business to settle down upon a safe and perma- 
nent basis, and, therefore, in the opinion of the 
Senate, the existing volume of such currency 
ought not to be increased. 

In House. 

1870, March 21 — Mr. Williams introduced 
the following resolution: 

Resolved, That while it is the duty of Con- 
gress to provide for the funding of the national 
debt at a lower rate of interest, and to extend 
the time for its payment to a period at whicli it 
will be the least oppressive to the people, it is 



DECLARATORY RESOLUTIONS. 



581 



also the sense of this House that the interest- 
bearing debt of the United States should not be 
increased by causing a surrender of any part of 
our present circulating medium not bearing in- 
terest, and the substitution therefor of interest- 
bearing bonds. 

Which was agreed to. 

On the Tariff. 

1870, January 31 — Mr. Marshall offered the 
following resolution : 

Re&olvcd, That the power granted in the fede- 
ral Constitution to levy and collect taxes, duties, 
imposts, and excises, to pay the debts and pro- 
vide for the common defense and general welfare 
of the United States, does not include or embrace 
any power to levy duties for any purpose other 
than the collection of revenue for the uses therein 
indicated; that a tariff levied for any purpose 
other than revenue, and especially one levied to 
foster and enrich one section of our country at 
the expense of others, or to foster and enrich one 
class of citizens at the expense of others, is un- 
authorized by the Constitution, unjust to the 
great body of the American people, and in its 
results injurious eventually to nearly every in- 
dustrial interest of the country. 

Resolved, That in the preparation of a bill for 
the modification of existing tariff laws Congress 
should confine its action strictly to the prepara- 
tion of a tariff for revenue exclusively ; and that 
the duties on no article should be greater than 
that which will give the maximum of revenue 
on said article. 

February 7 — On motion of Mr. Kelsey, it 
was laid on the table — yeas 90, nays 77, as fol- 
low: 

Yeas — Messrs. Ambler, Ames, A.sper, Banks, Beaman, 
Bennett, Benton, Bingham, Blair, Boles, Bowen, Buck, 
Buckley, Buffinton, BurJett, Ces.«na, Churchill, Clarke, 
Amasa Cobb, Couger, Cowles, Dawes, Dickey, Donley, 
Duval, Ela, Fcrriss, Ferry, Fisher, GilfiUan, Hale, 
Hamilton, Heaton, Ileflin, Hoar, Hoge, Hotchkiss, 
Jenekes, Kelley, Kelsey, Ketcham, Kaapp, Latlin, 
Lash, Lynch, Maynard, MoGrew, Merciir, .Milues, Elia- 
kim ih filoore, William Moore, Daniel J. Morrell, Sam- 
uel 1'. Morrill, Myers, Negley, O'Neill, Paine, I'almer, 
Phelps, Poland, Prosser, Root.s, iSauford, Schenck, 
Scofiold, Lionel A. Sheldon, John A. Smith, William J. 
Smith, Worthington C. Smith, Starkweather, Stevens, 
Stokes, Stoughton, Strickland, Strong, Taffe, Tanner, 
Tillman, Tvvichell, Van Horn, Ward, Cadwalader C. 
Washburn, William B. Washburn. Wclker, Wheeler, 
B. F. Whittemore, VVillard, Williams, John T. Wilson, 
Witoher— 91J. 

Nats — Messrs. Adams, Allison, ^rc/ier, Arnell, Axtell, 
Beatty, Beck, Benjamin, Biggs, Bird, Booker, James 
Brooks, Burchard, Burr, Roderick R. Butler, Calkiu, 
Coburn, Cox. Crcbs, Cullom, Deweese, Dickinson, Dock- 
ery, Dox, Finkelnburg, Getz, Gibson, UoUadati, Griswold, 
Haight, Haldcman, Hambletvn. Hamill, Hawkins, Hay, 
IngersoU, Johnson, Thomas L. Jonc«, J udd, Jul ian, Kerr, 
Knott, Lawrence, Marshall, Ma;/ham, McCormick, Mc- 
Crary, itcKenzle, McNoelij, Nibtack, Urth, Packard, Pom- 
eroy, Reading. Reeves, Rogers, Schumaker, Shanks, Sher- 
rod, tilocum, William Smyth. Steven.son, Stiles, Stone, 
Strader, Swann, Sweenen, Trimble, Tyner, Van Auken, 
Van Trump. WeiU, Eugene M. }fl,lson, Winans, Winchester, 
Wood, Woodward — 77. 

1870, March 14— Mr. Marshall submitted the 
following resolution: 

Resolved, That the present depressed condition 
of the business and the various industrial inter- 
ests of the country demand of Congress prompt 
action in relieving the people of all burdens of 
taxation not absolutely necessary to provide for 
the wants of the Government economically ad- 
ministered, and that in reforming existing tariff 



laws legislation should be based upon these prin- 
ciples : 

1. That no duty should be imposed on any 
article above the lowest rate which will yield 
the largest amount of revenue. 

2. That the maximum reveuue duty should be 
imposed on luxuries; and 

3. That the duty should be so imposed a? to 
operate as equally as possible throughout the 
Union, discriminating neither for nor against 
any class or section. 

Mr. Holman moved that it lie on the table; 
which was disagreed to — yeas 38, nays 119, as 
follow : 

Yeas — Messrs. Ambler, Armstrong, Aver, Banks, Ben- 
nett, Blair, George M. Brooks, Buck, Buckley, Benja- 
min F. Butler, Cessna, Dawes, f^la, Fisher, Gilfillan, 
Hamilton, Harris, Hoar, Hoge. Jcnckes, Kelsey, May- 
nard, McKee, Daniel J. Morrell, Negley, O'.Neill. Pack- 
er, Peroe, Roots. Sargent, Seotield. Lionel A.Sheldon, 
Porter Sheldon, Stoughton, Strickland, Tillman. Ward, 
Willard— 38. 

Nays — Messrs Adams, Allison, j4rc/ier, Asper, .\twood, 
Barnum, Beatty, Benjamin. Bird, Holes, Boyd, James 
Brooks, Bultinton. Burchard, Bui'dett, Burr, Calkin, 
Churchill, Sidney Clarke, Amasa (Nibb, Coburn, Cook, 
Conger, Crcbs, Cullom, Dickey, Dickinson, Dockery, 
Donley, Dox, Eldridge, Ferriss, Ferry. Finkelnburg, 
Fitch, Garfield, Getz.Griswold, llaight. Ilaldeman. Hale, 
Hawkins, Hawley, Hay, Hays, Heflin. Hill, Holman. In- 
gersoU, Johnson, Ale.xandoV H. Jones, Judd, Kelley, 
Kerr, \\etcha.m, Knott, Laflin, Lash, Logan, Loughridge, 
Marshall, Mai/ham, McCarthy, McCormick, MeCrary, 
McKenzic. McNeebj, Jesse H. .Moure, William Moore, 
Morgan, Morphis, Samuel P. Morrill, Mungen, Myers, 
Aiblack. C>rth, Packard, Paine, Peters, Pomeroy, Poficr, 
Randall, Reeves, Rice, Ridgna;/, Rogers. Sawyer. Scbonck, 
Schumaker, Shanks, Sh'rrod, Sloctmi, John A. Smith, 
Worthington C. Smith, Starkweather, Stevens. Steven- 
son, .*^fi/e,<(, Stokes,iS^onf..S'<rarffr, Strong, Tafle, Tanner, 
Trimble, Tyner, Upson, Van Trump, 1'oorhees, Cadwala- 
der C. Washburn, William B. Wasliburn. \\ elker, Wells. 
Wheeler, Wilkinson. Williams, Eugene M. Wilson, John 
T. Wilson, IFood— 119. 

The resolution was then referred to the Com- 
mittee of Ways and Means. 

1870, February 28 — Mr. Spink introduced the 
following resolution: 

Resolved, That the interests of the country re- 
quire such tariff for revenue upon foreign imports 
as will afford incidental protection to domestic 
manufacturers, and as will, without impairing the 
revenue, impose the lowest burden upon and best 
promote and encourage the great industrial in- 
terests of the country. 

Mr. Wood moved that it lie on the table, which 
was disagreed to. It was then passed — yeas 108, 
nays 47, as follow : 

Yeas — Messrs. Ambler, Ames, Atwood, Axtell. Bea- 
man, Bingham, Blair, James Brooks, Buck, Buttinton, 
Burdett, Benjamin F.J3utler, Roderick R.Butler,i ake, 
Cesvsna, Churchill, Clinton L.Cobb, Cook, Conger, Co- 
vi-.de, Cullom, Davis, Donley, Dyer, Ferriss, Fisher, 
Garfield, Getz, Hamill, Harris. Hawley, Ueaton, Hill, 
Hoar, Hoge, Hooper, Hotehkiss. Ingersoll, Jenekes, 
Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, 
Ketcham, Knapp, Laflin, Lash, Lawrence, Loughridge, 
SLiynard, McCrary, McGrew, Mercur, Milnes, Eliakim 
H. Moore, Jesse H. Moore. William Moore, .Morphis, 
Morrell, Morrill, Myers, Negley, O'Neill, Packard, 
Paine, Palmer, Perce, Peters, Phelps, Piatt, Pomeroy, 
Prosser, Randall, Sargent, Sawyer, Schenck, Scofiold, 
Shanks, Lionel A. Sheldon. John A. Smith, William J. 
Smith, Worthington C. Smith, Starkweather, Stevens, 
Stevenson, -SYiYes, Stokes, Stoughton, Strickland, Strong. 
Swann, Tatie, Tanner, Tillman, Twicliell, Upson, Van 
Horn. CadwaladerC. Washburn, William B.Washburn, 
Welker, Wheeler, Wilkinson, Willard, Williams, John 
T.Wilson, Witcher, Woodward— US. 

Nats — Messrs. Allison, Archer, Biggs, Bird, Booker, 
Boyd, George M. Brooks, Burchard, Burr, Calkin, Cnx, 
Crebs, Dickins'm, Dox, Finkelnburg, Gibson, Grtswold, 
HaigUl, fiam6ie<<Mi, Hawkins, Hay, Hays, Heflin, ZZointuij, 



582 



POLITICAL MANUAL. 



Thomas L. Jimes, Judd, Kerr, ilarshall. Mayham, McCor- 
mick; JUcIfeel!/, Mungen, Niblack Orth, Potter, Reeves, 
liidgway, Rogers, Scliumaker, Shcrrod, Joseph S. Smith, 
Stone, Trimble, Tyner, Voorhecs, Viinuns, Wood — i7. 

1S70, June 6 — Mr. Ward submitted the fol- 
lowing resolution: 

Resolved, That the Committee of Ways and 
Means is hereby instructed, at the earliest prac- 
ticable moment, to report a bill to this House 
abolishing the tariff on coal, so as to secure that 
important article of fuel to the people free from 
all taxation. 

Which was agreed to — yeas 112, nays 78, as 
follow: I 

Yeas — Messrs. ^(/(i?«», Alli.fon, Ame.s, At wood, Bailey, \ 
Banks, Beatty, Beck, Bennett, liicjga. Bird, Boyd, (jeo. ' 
M. Brooks, James Brooks, Buttinton, Burchard, Burr, 
Benjamin I'". Butler, Churchill, Sidney Clarke, Coburn, 
Cook, Conger, C'y)»iier,Cowles. Cox, C'rt6s, ('ullom, Davis, 
Dawes, D jjcner, Dixon, I)ojc. Dyer, Ela, Eldridf/e, Farns- 
worth, Kerriss, Finkelnburi;, Fisher, Fiteli, J''oJC, Gris- 
%cold, Jlaight, Hale, Hamilton, Harris, Hawley, Hay, 
Hays, Hellin, Hoar, Iloiman, Hotchkiss, Ingersoll, 
Jenckes, Johnson, Ale.xander H. Jones, Judd, Kellogg, 
Kerr, Kiitcha.m, Knott, Latlin, Lash, Lawrence, Logan, 
Loughridge, Lynch, Marshall, Manham, McCormick,Mc- 
Crary. J/cxVeeiw, Jesse U.IVIoore, Morgan, Morriasey, Nib- 
lack, Orth, Packard, Paine, Peck, Peters, Ponieroy, Pot- 
ter, Reeves, Sargent, Sherrod, Slocum, Joseph S. Smith, 
William J. Smith, Worthington C.Smith, VVm. Smyth, 
Stariiweather, Stevenson, Stougliton, Strong, Sweeney, 
'lanner, Twiehell, Tyner, Van jTrump, Ward, William 
B. Washburn, Wheeler, Whitmore, Wilkinson, Wil- 
liams, Eugene M. Wilson, Winans. Winchester, Wood — 112. 

Navs — Slessrs. Ambler, Arm.strong, Axtell, Ayer, Bar- 
ry, Beaman, Benjamin, Benton, Bingham. Blair, Boles, 
liowen, Buck, Cake, Cessna, Amasa Cobb, Covode, 
L)ickey, J-)onley, Duval, Garfield, Gefz.Gillillan, Halde- 
j)ian, HamiW,Hawkins.Hill, Kelley, Knapp, ieu;js. iMay- 
nard, .McCarthy, McGr^w, McKenzic. Mereur, Milnes, 
Eliiikim U. Moore, William Mior", Morphis, Daniel J. 
Worrell, Myer-^, Negley, Newsham O'Neill, Packer, 
Phelps, Piatt, Pro^Ker, Randall, Rice. Ridgway, Rogers, 
Uoots, Sanford, Sawyer, Schemdi, Scoiicld, Lionel A. 
Sheldon, Porter Sheldon, John A.Smith, .Stokes. Stone, 
<S7rader,Strickland, lSu;fIn)^, Tavlor, Tillnian,Townsend, 
TriniUe, Upson, Van Wyck, 'Wallace, Welker, Wells, 
Willard, John T. Wilson, Witcher, Woodward— 16. 

June 27 — Mr. Reeves oifered the following 
resolution : 

Whereas salt is an article of prime necessity 
and universal consumption, which, proportion- 
ally to numbers, forms a larger item in the 
domestic economy of families of small or mod- 
erate means than it does in those of the wealthier 
classes, and ought therefore at all times to be as 
lightly taxed as is consistent with a due regard 
to the revenue needed for an economical admin- 
istration of the Government; and whereas in 
any genuine and well-considered scheme of rev- 
enue reform duties which tend directly and largely 
to augment the cost of such a commodity as salt 
should be reduced in preference to others which 
bear less heavily upon the resources of the great 
body of the people : Therefore, 

Be it resolved, That the Committee of Ways 
and Means are hereby directed and instructed 
to report to this House forthwith a bill reducing 
the present duties on all classes of salt fifty per | 
cent. I 

Which was agreed to — yeas 110, nays 49, as 
follow : 

Yea8 — Messrs. Allison, Asper, Beatty, Beck, Benjamin, 
Biggs, Bird, Boles, Booker, James Brooks, Buck, Buckley, 
Biirchard, Burdett, Burr, Roderick H. Butler, William 
T. Clark, Sidney Clarke, Cleveland, (;iinton L. t'obb.Co 
burn, Omner, Cook, Cox, CVeds, Cullom, Davis, Dcgcner, 
Dickinson, Dyer, Eia, Kldridge, Farnsworth, Fiiikoln- 
burg. Fitch, Garfield, llaldeman, Hawkins, Hawlcy, Hay, 
Hays, Hctlin, Uolman, Ingersoll, ^o/(n»ore, Thomas L.Junes, 
Judd, Kellogg, A'err, Knott, Lush, Lawrence, Lewis, 



Logan, Loughridge, Marshall, McCormick, McCr.'iry, 
McKenzie, McNcely, Milnes, Jesse H. Moore, AUirgan, 
Mungen, Newsham, Niblack, Orth, Packard, Paine, Peck, 
Perce, Piatt, Pomeroy, Prosser, Reeves, Rict, Rogers, 
Sargent, Shanks, Shober, John A. Smith, Joseph S. Smith, 
William J. Smith, Worthington C. Smith, William 
Smyth, Stevens, Stevenson. Stiles, Stoker, Stoughton, 
Strong, Swann, Sweeney, Tafte, jTrtnib/c Twiehell, Tyner, 
Van jiuken. Van Horn, Van Trump, Ward, WMs. Whit- 
more, Wilkinson, Williams, Eugene M. Wilson, Winans, 
Winchester, Wood, Woodward — 110. 

Navs — Messrs. Ambler, .^mes, Armstrong, Atwood, 
Beaman, Bennett, Benton, Bingham. Blair, George M. 
Brooks, Bufflnton, Benjamin F. Butler, Cessna, Amasa 
Cobb, Conger. Covode, Dixon. Donley. Perriss, Ferry, 
Fisher, Hoar, Kelley. Kelsey,Knapp, Latiin, Maynard, 
McCarthy, McGrew, Eliakim H. Moore, William Moore, 
Daniel J. Morrell, Myers, Negley, O'Neill, Packer, 
Phelps, Poland, Sawyer, Schenck, Porter Sheldon, 
Strickland, Tanner, Taylor. Tillman, Townsend, 
Wheeler, Willard, John T. Wilson— 49. 

On General Amnesty. 

1870, May 16 — Mr. Cox introduced the fol- 
lowing resolution : 

Resolved, That the Select Committee on Recon- 
struction be, and are hereby, instructed to report 
forthwith a bill for general amnesty. 

Mr. Randall moved that it lie on the table, 
which was disagreed to — yeas 84, nays 87, as 
follow : 

Yeas — Messrs Ambler, Ames, Asper, Atwood, Banks, 
Beaman, Benjamin, Benton, Boyd, George M. Brooks, 
Buttinton, Burdett, Benjamin F Butler, Cessna, Amasa 
Cobb, Coburn, Cook, Conger, Cowles, Dawes, Dixon, 
Donley, Duval, Dyer, Ferriss, Giltillan, Hamilton, Haw- 
ley, Hoar, Hotchkiss, Judd, Julian, Kelley, Kelsey. 
Lash, Lawrence, Maynard, McCarthy, McGrew, Mer- 
eur, Eliakim H. Moore, Jesse II. Moore, William Moore, 
Daniel J. Morrell, Myers, Negley, O'Neill, Orth, Pack- 
ard, Packer, Paine, Peck, Peters, Pomeroy, Prosser, 
Roots, Sanford, Sargent, .Sawyer, Shanks, Porter Shel- 
don, John A. Smith, William J. Smith, William Smyth, 
Starkweather, Stevens, Stevenson, Stokes, Stoughton, 
Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, 
Twiehell, Tyner, Upson, Cadwalader C. Washburn, 
Wheeler, Wilkinson. Willard. Williams, John T. Wil- 
son — 84. 

Nays— Messrs. Allison, Arnell, Axtell, Ayer, Barry, 
Beatty, Beck, Bennett, Biggs. Bingham, Blair, Booker, 
Bowen, James Brooks, Buckley, Burchard, Burr, Cake, 
Churchill. Clarke, Conner, Cox, Crebs, Degener, Dickin- 
son, Dox, Eldridje, Farnsworth, Ferry, Finkelnburg, 
Fitch, Garfield, Getz, Gibson, Ilnight, Ualdeman, Hale. 
Harris, Hawkins, Heflin, Hill, Holman, Ingersoll, Jo/m 
son, Kollosg, Ketcham, Laflin Lewis, Logan, Mayham, 
McKee, McKenzie, McNeely, Milnes, Morgan, Morphis, 
Mungen, Niblack, Perce, Piatt, Poland, Potter, Randall, 
Rice, Rogers, Schumaker, Scofield, Lionel A. Sheldon, 
Shcrrod, Shober, Slocum, Joseph S.Smith, Worthington C. 
Smith, Stiles, Strong, Swann, Sweeneii, Trimble, Van 
Trump, Foor/iees, Welker, Whitmore, Eugene il/. Wilson, 
Winans, Winchester, Wood, Woodward — 87. 

Mr. Cessna moved that the resolution be refer- 
ferred to the Committee on Reconstruction, which 
was agreed to — yeas 116, nays 55, as follow: 

Yeas — Messrs. Allison, Ambler, Ames, Arnell, Atwood, 
Banks, Beaman, Beatty, Benjamin, Bennett, Benton, 
Bingham, Blair, Bowen, George M. Brooks, Buck, 
Bueliley, Buffinton, Burchard, Burdett, Benjamin F. 
Butler, Cake, Cessna, Sidney (Clarke, Amasa Cobb, Co- 
burn, Cook, Conger, Cowles, Dawes, Degener, Dickey, 
Dixon, Donley, Duval, Dyer, Ela, Farnsworth, Ferriss, 
Ferry, Finkelnburg, Fitch, Garfield, Gilfillan, Hale, 
Hawkins, Hawlev, Heflin, Hill, Hoar, Hooper, Hotch- 
kiss, Ingersoll, .I'udd, Kelley, Kellogg, Kelsey, Ketch- 
am, Luliiii.Lasli, LoL;an,Mavnard, I\ie( 'artliy, Jlet 'rary, 
Mc(.;rew, .McKee, Mereur, Eliakim II. Moore, .lose H. 
Moore, William IMoore, Morrell.Mvers, Neglc\',( I'Neill, 
Orth, Packard, Packer, Paine, Peck, Peters, I'latt, Po- 
land. Pomeroy, Prosser, Roots, Sanford, Sargent, Saw- 
yer, Schcaiek, Seofield, Shanks, Lionel A. Sheldon. 
Porter Sheldon, John A. Smith, William J. Smith, 
Worthington C. Smith, William Smyth, Starkweather, 
Stevens, Stokes, Stougliton, Strickland, Strong, Tan- 
ner, Taylor, Tillman. Townsend, Twiehell, Tyner, Up- 
son, Cad-walader C. Washburn, Welker, Wheeler, Wil- 
lard, Williams, John T. Wilson — IIG. 



DECLARATORY RESOLUTIONS. 



583 



Nats — Messrs. Adams, Archer. ArtdU Ayer, Bamum, 
Bariy, Beck, Biggs, Booker, James Brooks, Burr, Conner, 
Cox, Crebs, Dickinson, Dox, EldnJgc, GtU, Iluigitt, IJalde- 
man. Hamill, Iliirris, Jlolmnn, Johinon, Knott, Liiwienre, 
Lewis. Maylium, McKemzie, McNetly. Slilne.<, Blorphis, il/M«- 
gen, Niblack, Perce, Potter, liandall, Iiice, Jiogers, Schit- 
mdker, Sherrod. islioher. .Joseph S.Snuih, Sli'.cs, Swaiin, Swee- 
ney, T.iffe, Trimble, Van Trump, Vuorliees, Wilkiusoii, Wiuaus, 
Winchester, Wood, Woodward — 53. 

1870, June 13 — Mr. Stokes moved to suspend 
the rules, and put upon its passage a bill to re- 
lieve every citizen of all political disabilities im- 
posed by the provisions of the XI Vtli Amendment 
for participation in the late rebellion. 

It provides, two-thirds of each House concur- 
ring, that all political disabilities imposed by the 
provisions of the XlVth Amendment to the Con- 
stitution of the United States upon citizens for 
participation in the late rebellion shall be, and 
the same are hereby, removed: Provided, That no 
person relieved by the provisions of this act shall 
De required to take or subscribe to what is known 
as the iron-clad or test oath. 

The motion of Mr. Stokes was disagreed to — 
yeas 59, nays 112, as follow: 

Yeas — Messrs. Adams, Barrp, Beck, Booker, James 
Brooks, Buokley, Burr, Calkin, Conner, Cox, Crebs. Do"k- 
ery, Dox. Eldridge, Fiteli, Fox, Gibson, Griswold. Hamill, 
Harris, Hawkins, i/o/jnsore, Kerr, Knott. Lewis. Marshall, 
Mayham, McCormick. McKee, McKe.nzie, AtcNeelii. Milncs, 
Morgan, Mangen. Niblack. Perce, Piatt. liandall. Reeves, 
Rice, Ridgway, Rogers, Sargent, Sherrod. Shober, Joseph 
S. Smith. SioXiQ&.Strader.Swann. Sweeneii.T'iWnvAn. Trim- 
ble, Van Auken, Van Trump, Wells, Eugene M. Wilson, 
Winchester, Wood, Woodward— 59. 

Nats — Messrs. Allison, Ambler, Ames, Armstrong, Ar- 
nell, Asper, Atwood, Bailey, Banks, Beanian, Beatty, 
Benjamin, Bennett, Benton, Bingham, Blair, Doles, 
Boyd, George M. Brooks, Biifflnton.Burchard, Burdett, 
Benjamin F. Butler, Rodoriolc I!. Butler, Cessna, 
Cluirehill, William T, Clark, Amasa Cohb, Clinton L. 
Cobb, Coburn, Cook, Conger. Cullom, Davis, Dawes, 
Degener, Dickey, Dixon, Donley, Duval, Ela, Farns- 
worth, Ferriss, Ferry, Finkelnburg, Fisher, Garfield, 
Gilfillan, Hale, Hawley, Hill, Hoar, Hooper, Hotchkiss, 
Ingersoll, Judd, Julian, Kelley, Kellogg, Kel.sey, Ketch- 
am, Knapp, Laflin, Lash, Lawrence, Logan, Maynard, 
McCarthy. McCrary, McGrcw, Mercur, Eliakim H. 
Moore, William Moore, Daniel J. Morrell, Samuel P. 
Morrill, Myers, Newsham, O'Neill, Orth, Packard, 
Paine, Palmer, Peck, Phelps, Pomeroy, Porter, Roots, 
Sanford, Sawyer, Joiin A Smith, William Smyth, Stark- 
weatlier, Stevenson, Stougliton. Strickland, Taffe, Tan- 
ner, Twichell, Tyner, Upson, Van Horn, Van Wycli, 
Ward, CadwaladorC. Washburn, William B. Washburn, 
Wheeler, Whitmore, Willjinson, Willard, John T. Wil- 
son, Winans, Witcher— 112. 

On tha Validity of the XlVth and XVth Amend- 
ments. 

1870, July 11— Mr. Ferriss offered the follow- 
ing resolution : 

Resolved, That the XlVth and XVth articles 
of amendment to the Constitution of the United 
States, having been duly ratified by the Legisla- 
tures of three-fourths of the several States, are 
valid to all intents and purposes as part of the 
Constitution of the United States, and, as such, 
binding and obligatory upon the Executive, the 
Congress, the judiciary, the several States and 
Territories, and all citizens of the United States. 

Which was agreed to — yeas 138, nays 32, as 
follow : 

Yeas— Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell, Asper, Atwood, Axtell, Ayer, Bailey, Banks, 
Barry, Beatty, Benjamin, Bennett, Benton, Bingham, 
Blair, Boles, Booker, George M. Brooks, Buckley, Buf- 
finton, Barchard, Burdett, Benjamin F. Butler, Roder- 
ick R. Butler, Churchill, William T. Clark, Sidney 
Clarke. Amasa Cobb, Coburn, Cook, Conger, Covode, 
Cowles, Cullom. Darrall, Davis, Dawes, Degener, Dick- 
ey, Dixon, Donley, Duval, Ela, Farnsworth, Ferriss, 



Finkelnburg, Fisher, Fitch, Gilfillan, Harris, Hawley, 
Hay, Heflin, Hill, Hoar, Hooper, Ingersoll, Jonckes, 
Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, 
Lash, Lawrence, Logan, Loughridge, Maynarcl, McCar- 
tliy, McCrary, McGrew, McKee, McKcmie. Mercur, 
Millies, Jcsfe H. Moore, William Moore, Morphi.s, Daniel 
J. Morrell, Myers, Negley, O'Neill, Oith, Packard, Pack- 
er, Paine, Palmer, Peck, Peters, Phelps, Piatt, Poland, 
Porter, Roots, 8anford, Bargcnt, Sawyer, Sehcnck, Sco- 
lield, Shanks, Lionel A. Sheldon, Porter Sheldon, Jolrn 
.\. Smith, William J. Smith, Wcjrthinctoii ('. Smith, 
William Siiiytli,Starkwcatlicr,Stcvens,Slukcs.S;ti.iigh- 
ton, Strii'klanil, 6tr()u^;. Talic, Tann<-r, 'i'ayl'jr, 'I'illman, 
T<»wnsiMi(i, Twichell, "Tyner, Upson, Van Hum, Vaa 
\\ yck. Ward, Cadwalader C. Washburn, William B. 
\V'a.<hl)nrn, Welker, Wheeler, Whitmore, Wilkinson, 
Willard, Williams, John T. Wilson, Witcher— 1;!8. 

Nays — Messrs. Adams. Bamum, Beck. Biggs. Bird, 
Burr, Dickinson, Fox, Qeti. Grisumld, Hawking, llolman, 
Johnson. Thomas L.JortfS, Knott, Lewis, Mayham. McNce- 
ly, Mimgen. Niblack, Putter, Reeves. Rice, Joseph S. Smith, 
Stiles. Swann. Sweeney, Trimble, Van Trump, Voorhees, 
Winchester, Woodward— :^2. 

Not voting — Messrs. Archer, Be.aman, Bowen, Boyd, 
James Brooks. Buclc, Cake, Calkin, Cessna, Cleoeland, 
Clinton L. Cobb, Gmner, Cox, Cre6s,Dockery, Dox, Dyer, 
Eldridge, Ferry, Garfield, Gibson, Haiijht. Haldcman, 
Hale, Hambleton, Hamill, Hamilton, Hays, Hoge, Hotch- 
kiss, Alexander H. Jones, Julian, Kerr, hyneh, Mar- 
shall. McCormick, Eliakim H. Moore, Morgan, Samuel 
P. Morrill, Morrissey, Newsham, Perce, Pomeroy, Pross- 
er, Randall, Ridgway, Rogers, Schumaker, Sliermd, Sho- 
ber, Slocum, Stevenson. Sione, Strader, Van Avken, Wal- 
lace, Wells, Eugene M. Wilson, Winans, Wood — GO. 

On Apportionment of Representatives. 

1870, April 18 — Mr. A. H. Jones introduced 
the following bill : 

To provide for the apportionment of representa- 
tives to Congress among the several States. 
Be it enacted, &c., That from and after the 3d 
day of March, 1871, the House of Representa- 
tives shall be composed of two hundred and 
seventy-five members, to be apportioned among 
the several States in accordance with tlie pro- 
visions of this act: Provided, That if, after such 
apportionment shall have been made, any new 
State shall be admitted into the Union, the rep- 
resentative or representatives of such new State 
shall be additional to the number of two hun- 
dred and seventy-five herein limited; and if the 
number of representatives of any State shall be 
reduced by such apportionment, such reduction 
shall not take effect in the Forty-Second Con- 
gress, but such State shall have the same number 
of representatives in t'lie Forty-Second Congress 
to which it is by law entitled in the Forty-First 
Congress, and any representative or representa- 
tives which any State may have in the Forty- 
Second Congress, in excess of the number fixed 
by such apportionment, shall be additional to 
the number of two hundred and seventj'-five 
herein limited; and if the representation of any 
State shall be increased by such apportionment, 
any additional representative or representatives 
of such State in the Forty-Second Congress shall 
be chosen by the State at large, and all other 
representatives for the Forty-Second Congress 
shall be chosen in the respective congressional 
districts now provided by law in the several 
States. 

Sec. 2 That after the next enumeration of 
the inhabitants of the United States shall havei 
been completed according to law, and before the^ 
15th day of August, 1870, the Superintendent of 
the Census shall prepare and submit to the Sea~ 
retary of the Interior a preliminary report of 
the results of such enumeration, embracing suubj 



584 



POLITICAL MANUAL. 



Btatistics as shall be necessary to enable the Sec- 
retary of the Interior to perform the duties in 
this act prescribed. 

Sec. 3. That after the preliminary report pro- 
vided for in the foregoing section shall have been 
submitted to the Secretary of the Interior, he 
shall ascertain from such preliminary report the 
basis of representation of each State and the 
aggregate basis of representation of the United 
States, and he shall ascertain the basis of repre- 
sentation of the several congressional districts 
by dividing the aggregate basis of representa- 
tion of the Unitea States by the number two 
hundred and seventy-five, rejecting any fraction 
of a unit which may remain; and he shall ascer- 
tain the number of representatives to be appor- 
tioned to each State by dividing the basis of 
representation of such State by the basis of 
representation of the several congres.sional dis- 
tricts, rejecting any fraction of a unit which may 
remain; and he shall apportion so many addi- 
tional representatives to the States having the 
largest rejected fractions, one to each, as shall 
make the whole number of representatives two 
hundred and seventy-five. 

Sec. 4. That the Secretary of the Interior 
shall, on or before the 10th day of September, 
1870, prepare and transmit, under the seal of 
his office, to the Speaker of the House of Repre- 
sentatives, and to the Governor of each of the 
States, a certified statement of liis proceedings 
under the provisions of this act. 

Sec. 5. That all acts and parts of acts in con- 
flict with the provisions of this act are hereby 
repealed. 

Mr. Kelsey moved that the bill be laid upon 
the table, which was disagreed to — yeas 77, nays 
90. 

The bill was then passed — yeas 86, nays 85, 
as follow : 

Ye.^s— Messrs. Allison, Arnell, Asper. Atwood, Axtell, 
Ayer, ISany, Ueatty, Beck, IJenjamiu, Bingham, boles, 
Booker, lioyd, Burk, Buckley, Burchard, Burdett. Ben- 
jamin P. Butler. Roderick K. Butler, William T. Clark, 
Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, 
Cook, Conger, Conner, Cullom, Degener, Dockery, Vox, 
Farnswortn, Ferry, Finkelnbnrg, Fitch, Hamilton, 
Harris, Hawkins," Ilawiey, Hay, Hays, lleflin, Hill, 
noge, Inger.~-..ll. Jolm.sun, Alexander H.Jones, Judd, 
Logan. Louiiliridge, Mnrshall, Maynard, McCrary, Mc- 
Keo, AfcKenzie, .Jesse JI. Moore, Orth, Paine, Palmer, 
Perce, Piatt, Pomeroy, Port(?r, Prosser. Roots. Sargent, 
Sawyer, Shanks, Lionel A. Sheldon, Sherrod, William 
Bn)yth,StoliC=,.S'ioeene!/. Taffe, Tvner, Upson, Van Horn, 
Cadwalader ('. Washburn, Wclkcr, Whittnore, Wil- 
liams, Eugene M. Wilson, Winans, Winchester, VViteher — 
8t>. 

Nats — Messrs. Archer, Banks, Barnum, Beaman, Ben- 
ton, i^m/, George M. Brooks, James Bioohs, Birtfinton, 
Burr, Cake, Calkin. Cessna, Cowles, Dawes, Dickey, 
Dickinson, Di.xon, Ela, Eldridife, Fcrriss, Fisher, Gar- 
field, Gibson, Griswold, IlaUicman, Hale, Hambleton, 
Bamill, Hoar, Ilolman, Hooper, Hotehkiss, Jenokes, 
Tho'man L Jones, Kflh^y, Kellogg, Kelsey, A'rrr, Knapp, 
Lawrence, Lynch, Mc'Vormick, McGrew, McNccli/, Mer- 
cur, William Moore, Mon/an, Daniel .J. Morrell, il/»ii- 
Sen, Myers, Negley, Nibl'ack, O'Neill, Packer, Peiirs, 
Phelps, Poland, Potter, liandaU, Reeves, Schenck, Schu- 
makcr, Scofield, John A. ii\i\M\, Joseph S. Smith, Worth- 
rngton C. Smith, Starkucuthcr, Stevens, Stevenson, 
JStrader, Strong, Tanner, 'I'aylor, VViniWe. Twichell, Van 
Tfrump, Voorhecs, Ward, William B. Washburn, Wells, 
Whoeler, Willard, Wood, Woodward— SH. 

Ik Senate. 

1B70, May 25— Mr. Trumbull, from the Com- 
mittee on the Judiciary, reported the bill with 
amendments, as follows: Strike out the words 



"two hundred and seventy-five" wherever they 
occur, and insert the words "three hundred." 
Strike out all from the word "limited" in the 
11th line to the word "limited" in the 23d line, 
and all of the first section after the words "at 
large" in the 27th line. 

June 13. — Tlic first amendment of the com- 
mittee, striking out two hundred and seventy- 
five, and inserting three hundred, was agreed to, 
yeas 31, nays 21, as follow : 

Yeas— Messrs. Abbott, Bayard, Boreman, Carpenter, 
Cnsserl'i, Chandler, Corbett. Fowler. Gilbert, Harlan, 
Howard, Howe, Howell. Johnston. Kellogg, McCrcery, 
McDonald, Pomeroy, Kam.sey, Rico. Ross, Schurz, 
Sprague, Stewart, Stockton, Thayer, Thurman, Tipton, 
Trnmbtill, Warner, Yates — 31. 

Nays — Messrs. Ames, Brownlow, Bnckinaham. Cole, 
Davis. Drake, Fenton, Hamilton of Maryland, Hamil- 
ton of Te.xas, Hamlin, Morrill of Maine, Morrill of 
Vermont, Morton, Pratt, Robertson, liauUbury, Scott, 
Sherman, Sumner, Vickers, Williams — 21. 

The next amendment of the committee, to strike 
out the following words — 

"And if the number of representatives of any 
State shall be reduced by such apportionment, 
such reduction shall not take effect in the Forty- 
Second Congress, but such State shall have the 
same number of representatives in the Forty- 
Second Congress to which it is by law entitled in 
the Forty-First Congress, and any representa- 
tive or representatives which any State may 
have in the Forty-Second Congress in excess of 
the number fixed by such apportionment shall 
be additional to the number of two hundred and 
seventy-five herein limited" — was agreed to. 

The next amendment of the committee, to strike 
out the following words — 

"And all other representatives for the Forty- 
Second Congress shall be chosen in the respective 
congressional districts now provided by law in 
the several States" — was agreed to. 

Mr. Trumbull moved to amend, by inserting in 
the last clause of the first section the words "or 
diminished" after the word "increased;" the 
words "so increased and all the representatives 
of any State so diminished" after the words "of 
such State;" and the words "unless otherwise 
provided by such State," at the end of the sec- 
tion, so that it would read: 

"And if the representation of any State shall 
be increased or diminished by such apportion- 
ment, any additional representative or repre- 
sentatives of such State so increased and all the 
representatives of any State so diminished in 
the Forty-Second Congress shall be chosen by 
the State at large, unless otherwise provided by 
such State." 

Mr. Drake moved to add thereto the following 
words: "but thereafter shall be elected by single 
districts ;" which was disagreed to — yeas 24, nays 
28, as follow : 

Yeas— Messrs. Ames, Boreman, Buckingham, Cos- 
serly, (Jorbett, Davis. Drake, f^dmunds, Fenton, Ham- 
ilton of Maryland, Howell, Johnston, McCrcery, Morrill 
of Vermont, Morton, Pool, Pratt, Schurz, S(;c)tt, Spen- 
cer, <Stoc^^j;!, Tliurman, Vickers, Warner — 2i. 

Nats — Messrs. ,\bbott. Bayard, Carpenter, Chandler, 
Cole, Gilbert, Haniillon of Texas, Hamlin, Harlan, 
Harris, Howard, Howe, Kellogg, McDonald, Morrill of 
Maine, Osborn, Pomeroy, Ramsey, Rice, Robertson, 
Ro.ss, Sherman, Sprague, Stewart, Sumner, 'I'lpton. 
Trumbull, Yates — '2S. 

Tiie umondment of Mr. Trumbull was then 
agreed to. 

Mr. Edmunds moved to strike out " 1871 " ia 



DECLARATORY RESOLUTIONS. 



585 



the first line of the bill, and insert " 1873 ;" which [ 
•was disagreed to — yeas 9, nays 31, as follow: i 

Yeas— Messrs. Bayard,Co\e, Hamlin, Morrill of Maine, j 
Morrill of Vermont, Pratt, Scott, Sprague, Sumner— 9. 

Nats — Messrs. Abbott, Ames, Boreman, Casserly, 
Chandler, Davis, Fowler, Gilbert, Hamilton of Mary- 
land, Harlan. Howard, Howe, Howell, Lewis, J>/cCVeer?/, [ 
McDonald, Morton, Nye, Osborn, Pomeroy, Ramsey, | 
Robertson, Ross. Sherman, Spencer, Stewart, Stockton, : 
Thayer, Trumbull, Vickers, Warner— 31. I 

The bill, some verbal amendments having been 
made, was then passed — yeas 30, nays 10, as fol- 
low: j 

Yeas — Messrs. Abbott, Ames, Bayard. Boreman, Cas- 
eerii/, Chandler, Z)ai'w, Fowler, Gilbert, Harlan, Howard, 
Howe, Howell, Lewis, McOreery, McDonald, Morton, 
Nye, Osborn, Pomeroy, Pratt, Ramsey, Robertson, 
Boss, Spencer, Sprague, Stewart, Stockton, Trumbull, ', 
Warner — 30. j 

Nats — Messrs. Cole, Drake, Hamilton of Maryland, ; 
Hamlin, Morrill of Maine, Morrill of Vermont, Scott, 
Sherman, Sumner, Vickers— 10. 

In House. 

June 22 — Mr. Judd moved that the amend- 
ments of the Senate be concurred in. Mr. Mar- 
shall moved to add the following as an additional 
section : 

Sec. 6. That in all cases at any election where 
there shall be two or more members of Congress 
elected in any State by general ticket, each quali- 
fied voter may, at such election, cast as many 
votes for one candidate as there are representa- 
tives to be thus elected, or may distribute the 
same, or equal parts thereof, among the candi- 
dates, as he shall see fit; and the candidates 
highest in votes shall be declared elected. 

Mr. Scofield moved that the bill and amend- 
ments be laid on the table, which was disagreed 
to — yeas 78, nays 95, as follow: 

Yeas — Messrs. Ames, Archer, Armstrong, Bailey, 
Banks, Blair. George M. Brooks, James Brooks, Bufiin- 
ton, Benjamin F. Butler. Cessna, Churchill, Covode, 
Cox. Crcbs. Davis, Dawes, Dickey, Dixon, Donley, Ela, 
EUlridge, Ferriss, Fisher, Fox, Getz, Gilfillan, Hnl'deman, 
'HA\e.Hambleton.Hamill,lioar,Jc'nckes,Tlwmas L.Jones, 
Kelley, Kellogg, Kelsey, Ketcham. Knapp, Laflin, 
Lash, Lawrence, Marshall, Mayham, McNeely, WlHiam 
Moore, Morgan, Myers, Negley, Niblack. O'Neill, Packer, 
Phelps, Poland, Potter, Prosser, Randall. Reeves, Sco- 
field. Porter HUe\don, Shobcr. Slocum. John A. Smith, 
Joseph S. Smith, Stevens. Stevenson, Stile's, Strong, 
Swann, Tanner, Tavlor.Twiehell, Van Aulen, Van VVyck, 
Ward, William B. "Washburn, Wheeler, Hood— 78. 

Nays — Messrs. Allison. Arnell, Asper, Atwood, Axtell, 
Beatty, Beck. Benjamin, Bennett. Bingham. Bird, Boles, [ 
.Boo/i-eV. Boyd, Buck, Burchard. Burdett, Calkin. William j 
T. Clark, Sidney Clarke. Cleveland, Amasa Cobb, Clin- I 
ton L. Cobb, Coburn, Cook. Conger. Cullom, Degener, I 
Dickinson, Dockery, Dyer. Farnsworth. Ferry, Finkeln- I 
burg. Gartield, Haiqht, Harris, Hawkins, Hay, Hays, ] 
Heflin, Ingersoll, Johnson, Judd, Julian. Knott, Lewis, 
Logan. Maynard. MeCormick, McCrary, McGrew, Mc- I 
Kec, McKenzie. Jesse H. Moore, Morphis, Daniel J. | 
Morrell. Orth. Packard. Paine, Palmer, Peck, Perce, 
Piatt, Pomeroy, Rice, Rogers, Roots, Sargent, Sawyer, I 
Schenck, Schumaker, Shanks, Lionel A. J'heldon, Sher- \ 
rod, William Smyth, .Stoughton, Strader. Strickland, [ 
TafFe, Trimble. Tyner. Upson, Van Horn, Wallace, Cad- j 
walader C. Washburn, Welker. Wells, Whitmore, Wil- 
kinson, Williams, Eugene M. Wilson, John T. Wilson, I 
Winans, Winchester — 95. | 

June 23 — Mr. Scofield moved that the bill and 
amendments be referred to the Committee on the 
Judiciary ; which was agreed to — yeas 96, nays 
94, as follow : 



Yeas— Messrs. Ames,.i4rcfter, Armstrong, Arnell, Bailey, 
Banks, Beaman, Bennett, Biggs, Bird, lllair, George M. 
Brooks, James Brooks, Butiinton, Burr, Benjamin V. But- 
ler, Ca/Wre, Cessna, Churchill, William T. (lark, CTfue- 
iand, Covode, Cox, Davis, Dawes, Dickey, Donley, Ela, 
£/drid<7e, Ferriss, Fisher, Getz. G \lf\\\;in. Uriswold, Haight, 
Haldeman. Hale, HamUHon, I/amitI, Hill, Hoar, llolman. 
Hooper, Jenckes, Julian, Kelley, Kellogg, Kelsey. 
Ketcham, Knapp. Latlin. Lash, Lawrence, Lewis. May- 
ham, Maynard, McNeely, William Moore, jt/or'/an, Daniel 
J. Morrell, Samuel P. Morrill, Morrisfey, Myers, Negley, 
A'jWacfc, O'Neill, Packer, Phelps, Poland, Porter, Ran- 
dall, Renes, Sanford. Scofii^ld, Porter Sheldon, Shober, 
Slocum, John A. Smith, William J.Smith, Starkweather, 
Stevens, Stevenson, Sides, Stone, Strong, Swann, Taylor, 
Twichell, Van Atiken, Van Trump, Van Wyck, Ward, Wil- 
liam B. Washburn. Wheeler, Wood, Wooilward — yn. 

Nats — Messrs. Adams, Allison, Asper, Atwood, Axtell, 
Barry, Beatty, Beck, Benjamin, Bingham, Boles, Booker, 
Boyd, Buck. Buckley, Burc hard, liurdett, Sidney Clarke, 
Amasa Cobb. Clinton L. Cobb, Coburn, Conger, Conner, 
Cook, Cullom, Degener. Dickimon, Dockery, Dox, Dyer, 
Farnsworth, Ferry. Finkelnburg, Garfield. Gibson, Ham- 
ilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, 
Ingersoll,Joft7is'/w. Alexander H.Jones, Thomas L. Jones, 
Judd, Knott, Logan, Marshall. McCorm'ck, McCrary, 
McGrew, McKee. McKenzie. Jesse H. Moore, Morphis, 
Newshani, Orth, Packard, Paine, Palmer, Peck. Perce, 
Piatt. Prosser, Rice, Rogers, Roots, Sargent, Sawyer, 
Sh.anks, Lionel A. Sheldon, Sherrod. Joseph S. SmiOi, 
William Smyth. Stoughton. Strader, Strickland, Taffe, 
Tillman, Trimble. Tyner, Upson, Van Horn, Wallace, 
Cad walader C. Washburn, Welker, Wells, Whitmore, 
Wilkinson, Williams, John T, Wilson, Wincli^ster—H. 

Present Apportionment. 

The present apportionment is as follows: 

Maine 5 Kentucky 9 

New Hampshire 3 Tennessee 8 

Vermont 3 Indiana 11 

Massachusetts 10 Illinois 14 

Rhode Island 2 Missouri 9 

Connecticut 4 Arkansas 3 

New York 31 Michigan G 

New Jersey 5 Florida 1 

Pennsylvania 24 Texas 4 

Delaware, 1 Iowa 6 

Maryland 5 Wisconsin 6 

Virginia 8 California 3 

North Carolina 7 Minnesota 2 

South Carolina 4 Oregon 1 

Georgia 7 Kansas I 

Alabama 6 West Virginia 3 

Mississippi 5 Nevada 1 

Louisiana 5 Nebraska 1 

Oliio 19 

Whole number of representatives 243 

Delegates 9 

Whole number of representatives and delegates 252 
The original number fixed was 23.3. Eight were sub- 
sequently added for .special States, making 241, and 
Nevad<) and Nebraska have since been admitted into 
the Union, increasing the representation to 243. 

Another bill, containing the same provisions, 
with an amendment, providing that every State 
having a fraction exceeding one-half of the num- 
ber required for a representative, shall have one 
representative added to its representation, was 

Eassed by the Senate on the 7th day of July, 1870, 
ut was not reached in the House, a motion to 
suspend the rules for the purpose of considering 
it having been disagreed to July 13, 1870 — yeas 
93, nays 97. 

A previous proposition on this subject was 
made in the House by Mr. Coburn, of Indiana, 
on the 13th day of December, 1869, as an amend- 
ment to the census bill ; which, after discussion, 
was withdrawn 



LVII. 



BANKING AND CURRENCY. 



AN ACf to provide for the redemption of the 
three per centum temporary loan certificates, 
and for an increase of national bank notes. 

Beit cna€t,:d,d:c.. That $54,000,000, in notes 
for circulation may be issued to national banking 
associations in addition to the $300,000,000 au- 
thorized bj' the 22d section of the "Act to pro- 
vide a national currency secured by a pledge of 
United States bonds, and to provide for the 
circulation and redemption thereof," approved 
June 3, 186-i; and the amount of notes so pro- 
vided shall be furnished to banking associations 
organized or to be organized in those States and 
Territories having less than their proportion 
under the apportionment contemplated by the 
provisions oi the " Act to amend an act to pro- 
vide a national currency secured by a pledge of 
United States bonds, and to provide for the 
circulation and redemption thereof," approved 
March 3, 1865, and the bonds deposited with the 
Treasurer of the United States to secure the addi- 
tional circulating notes herein authorized shall 
be of any description of bonds of the United States 
bearing interest in coin ; but a new apportion- 
ment of the increased circulation herein provided 
for shall be made as soon as practicable, based 
upon the census of 1870: Provided, That if 
applications for the circulation herein authorized 
shall not be made within one year after the pass- 
age of this act, by banking associations organized 
or to be organized in States having less than 
their proportion, it shall be lawful for the 
Comptroller of the Currency to issue such circula- 
tion to banking associations applying for the 
same in other States or Territories having less 
than their proportion, giving the preference to 
such as have the greatest deficiency : And Pro- 
vided further, That no banking association here- 
after organized shall have a circulation in excess 
of $500,000. 

Sec. 2. That at the end of each month after 
the passage of this act it shall be the duty of the 
Comptroller of the Currency to report to the 
Secretary of the Treasury the amount of circu- 
lating notes issued, under the provisions of the 
preceding section, to national banking associa- 
tions during the previous month ; whereupon the 
Secretary oi the Treasury shall redeem and can- 
cel an amount of the three per centum temporary 
loan certificates issued under the acts of March 
2, 1867, and July 25, 1868, not less than the 
amount of circulating notes bo reported, and may, 
if necessary, in order to procure the presentation 
of such temporary loan certificates for redemp- 
tion, give notice to the holders thereof, by pub- 
lication or otlierwise, that certain of said certifi- 
cates (which shall be designated by number, 
date, and amount) shall cea^e to bear interest 
from and after a day to be designated in such 
notice, and that the certificates so designated 



shall no longer be available as any portion ot 
the lawful money reserve in possession of any 
national banking association, and after the day 
designated in such notice no interest shall be 
paid on such certificates, and they shall not there- 
after be counted as a part of the reserve of any 
banking association. 

Sec. 3. That upon the deposit of any United 
States bonds, bearing interest payable in gold, 
with the Treasurer of the United States, in the 
manner prescribed in the 19th and 20th sections 
of the national currency act, it shall be lawful 
for the Comptroller of the Currency to issue to 
the association making the same circulating notes 
of different denominations not less than So, not 
exceeding in amount eighty per cent, of the par 
value of the bonds depositea, which notes shall 
bear upon their face the promise of the associa- 
tion to which they are issued to pay them upon 
presentation at the office of the association, in 
gold coin of the United States, and shall be re- 
deemable upon such presentation in such coin: 
Provided, That no banking association organized 
under this section shall have a circulation in ex- 
cess of $1,000,000. 

Sec. 4. That every national banking associa- 
tion formed under the provisions of the preced- 
ing section of this act snail at all times keep on 
hand not less than twenty-five per cent, of its 
outstanding circulation in gold or silver coin of 
the United States, and shall receive at par in the 
payment of debts the gold notes of every other 
such banking association which at the time of 
such payments shall be redeeming its circulating 
notes in gold or silver coin of the United States. 

Sec. 5. That every association organized for 
the purpose of issuing gold notes as provided in 
this act shall be subject to all the requirements 
and provisions of the national currency act, ex- 
cept the first clause of section 22, which limits 
the circulation of national banking associations 
to $300,000,000; the first clause of section 32, 
which, taken in connection with the preceding 
section, would require national banking associa- 
' tions organized in the city of San Francisco to 
redeem tlieir circulating notes at par in the city 
of New York ; and the last clause of section 32, 
which requires every national banking associa- 
tion to receive in payment of debts the notes of 
every other national banking association at par: 
Provided, That in applying the provisions and 
requirements of said act to the banking associa- 
tions herein provided for the terms "lawful 
money " and "lawful money of the United States," 
shall be held and construed to mean gold or silver 
coin of the United States. 

Sec. 6. That to secure a more equitable distri- 
bution of the national banking currency, there 
may be issued circulating notes to banking asso- 
ciations organized in States and Territories hav- 

586 



BANKING AND CURRENCY. 



587 



ing less than their proportion, as herein set forth ; 
and the amount of circulation in this section au- 
thorized shall, under the direction of the Secre- 
tary of the Treasury, as it may be required for 
this purpose, be withdrawn, as herein provided, 
from banking associations organized in States 
having a circulation exceeding that provided for 
by the act entitled "An act to amend an act en- 
titled 'An act to provide for a national banking 
currency secured by pledge of United States 
bonds, and to provide for the circulation and re- 
demption thereof,' " approved March 3, 1865, but 
the amount so withdrawn shall not exceed $25,- 
000,000. Tlie Comptroller of the Currency shall, 
under the direction of the Secretary of the Treas- 
ury, make a statement showing the amount of 
circulation in each State and Territory, and the 
amount to be retired by each banking association 
in accordance with this section, and shall, when 
such redistribution of circulation is lequired, 
make a requisition for such amount upon such 
banks, commencing with the banks having a cir- 
culation exceeding $1,000,000 in States having 
an excess of circulation, and withdrawing their 
circulation in excess of $1,000,000, and then pro- 
ceeding pro rata with other banks having a cir- 
culation exceeding $300,000 in States having the 
largest excess of circulation, and reducing the 
circulation of such banks in States having the 
greatest proportion in excess, leaving undisturb- 
ed the banks in States having a smaller propor- 
tion, until those in greater excess have been re- 
duced to the same grade, and continuing thus to 
make the reduction provided for by this act until 
the full amount of $25,000,000 herein provided 
for shall be withdrawn; and the circulation so 
withdrawn shall be distributed among the States 
and Territories having less than their proportion, 
so as to equnlize the same; and it shall be the 
duty of the Comptroller of the Currency, under 
the direction of the Secretary of the Treasury, 
forthwith to make a requisition for the amount 
thereof upon the banks above indicated as herein 
prescribed ; and upon failure of such associations, 
or any of them, to return the amount so required 
within one year, it shall be the duty of the Comp- 
troller of the Currency to sell at public auction, 
having given twenty days' notice thereof in one 
daily newspaper printed in Washington and one 
in New York city, an amount of bonds deposited 
by said association, as security for said circula- 
tion, equal to the circulation to be withdrawn 
from said association and not returned in com- 
pliance with such requisition ; and the Comp- 
troller of the Currency shall with the proceeds 
redeem so many of the notes of said banking 
association as they come into the treasury as will 
equal the amount required and not so returned, 
and shall pay the balance, if anj-, to such bank- 
ing association: Provided, That no circulation 
shall be withdrawn under tlie provisions of this 
section until after llie $54,000,000 granted in the 
first section shall have been taken up. 

Sec 7. That after the expiration of six months 
from the passage of this act any banking asso- 
ciation located in any State having more than 
its proportion of circulation may be removed to 
any State having less than its proportion of cir- 
culation, i4nder such rules and regulations as the 
Comptroller of the Currency, with the approval 



of the Secretary of the Treasury, may require: 
Provided, That the amount of the issue of said 
banks shall not be deducted from the amount of 
new issue provided for in this act. 
Approved July 13, 1870. 

Final Vote. 

In Senate, July 6, 1870. 

The bill, as printed above, being the report of 
the co.nmittee of conference last appointed, was 
agreed to without a division. 

In House, July 7, 1870. 

Yeas — Messrs. Allison, Ambler, Armstrong, Asper, 
Atwood, Ayer, Bailey, Banks, Benjamin, Bennett, 
Benton, Blair, Boles, Booker, Boyd, Buck, Buckley, 
Burchard, Burdett, Roderick R. Butler, Cake, Cessna, 
Churchill, William T.Clark, Sidney Clarke, Amasa Cobb, 
Cobiiru, Conger, Cook, Covode, Cowles, Darrall, Dickey, 
Donley, Duval, Dyer, Ferriss, Ferry, Finkelnburg, 
Fisher, Garfield, Gilfillan, Harris, Hawley, Hays, Hill, 
Thomas L. Jones. Judd, Kelley, Knapp, Lash, Logan, 
Loughridge. McCarthy, McCrary, McGrew, McKenzie, 
Merour, Eliakim H. Moore, Jesse H. Moore, William 
Moore, Morphis, Daniel J. Morrell, Myers, Negley, 
O'Neill, Packard, Packer, Palmer, Peck, Poland, Porter, 
Prosser, Roots, Sawyer, Scofield, Lionel A. Sheldon, 
Porter Sheldon, John A. Smith, William J. Smith, 
Worthington C.Smith, William Smyth, Stevens, Stokes, 
Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, 
Tiimble, Upson, Van Horn, Cadwalader C. Washburn, 
William B. Washburn, Wheeler, Whitmore, Wilkinson, 
Willard, John T. Wilson— 100. 

Nays— Messrs. Adams, Archer, Arnell, Axtell. Bamum, 
Beatty, Biggs, Bingham, Bird, George M.. Brooks, James 
Brooks, Butfinton, Burr. Benjamin F. Butler, (alkin, 
Cli-veland, Conner, Cox, Crebs, Davis, Dickinson, Dixon, 
Box, Ela, Oetz, Haldeman, Hamill, Hawkins, Hay, Hoar, 
Hooper, Ingersoll, Jenckes, Johnson, Julian. Kellogg, 
K-'rr, Lawrence, Lewis, Marshall, Mayham. McCormick, 
McNeely, Morgan, Mungen, Nihlack, Orth, Paine, Potter, 
liandall. Reeves, Rice, Sanford, Sargent, Schumaker, 
Shanks, Slocum, Joseph S. Smith, Starkweather, Steven- 
son, StiUs, Stone, Strong, Swann, Sweeney, Townsend, 
Twichell, Tyner, Van Auken, Van Trump, Van Wyck, 
Voorhees, Ward, Welker, Williams, Winchester, Woodward 
—77. 

Previous Votes. 

In Senate. 

1870, January 11 — Mr. Sherman, from the 
Committee on Finance, reported the following 
bill: 
To provide a national currency of coin notes, 

and to equalize the distribution of circulating 

notes. 

Be it enacted, &c.. That $45,000,000 in notes 
for circulation may be issued to national bank- 
ing associations, in addition to the $300,000,000 
authorized by the 22d section of the "Act to 
provide a national currency secured by a pledge 
of United States bonds, and to provide for the 
circulation and redemption thereof," approved 
June 4, 1864; and the amount of notes so pro- 
vided shall be furnished to banking associations 
organized or to be organized in those States and 
Territories having less than their proportion 
under the apportionment contemplated by the 
provisions of the "Act to amend an act to pro- 
vide a national currency secured by a pledge of 
United States bonds, and to provide for the cir- 
culation and redemption thereof," approved 
March 3, 1865; but a new apportionment shall 
be made as soon as practicable, based upon the 
census of 1870. 

Sec. 2. That at the end of each month after 
the passage of this act it shall be the duty of 



588 



POLITICAL MANUAL. 



the Comptroller of the Currency to report to the 
Secretary of the Treasury the amount of circu- 
lating notes issued to national banking associa- 
tions during the previous month; whereupon 
the Secretary of the Treasury shall redeem and 
retire an amount of the three per centum tem- 
porory loan certificates issued under the acts of 
March 2, 1867. and July 25, 1868, not less than 
the amount of circulating notes so reported; and 
may, if necessary, in order to procure the pre- 
sentation of such temporary loan certificates for 
redemption, give notice to the holders thereof 
by publication or otherwise, that certain of said 
certificates, (which shall be designated by num- 
ber, date, and amount,) shall cease to bear inter- 
est from and after the date of such notice, and 
that the certificates so designated shall no longer 
be available as any portion of the lawful money 
reserve in the possession of any national bank, 
and after such notice no interest shall be paid on 
6uch certificates, and they shall not be counted as 
a part of the reserve of any banking association. 

Sec. 3. That upon the deposit of any United 
States bonds, bearing interest payable in gold, 
with the Treasurer of the United States, in the 
manner prescribed in the nineteenth and twen- 
tieth sections of the national currency act, it shall 
be lawful for the Comptroller of the Currency to 
issue to the association making the same circu- 
lating notes of different denominations, not less 
than five dollars, equal in <«nount to ninety per 
centum of the gold value of the bonds deposited, 
but not exceeding eighty per centum of their par 
value ; which notes shall bear upon their face the 
promise of the association to which they are issued 
to pay them upon presentation at the office of the 
association in gold or silver coin of the United 
States, and shall be redeemable upon such pre- 
sentation in such coin. 

Sec. 4. That every national banking associa- 
tion formed under the provisions of section three 
of this act shall at all times keep on hand not 
less tlian twenty-five per centum of its outstand- 
ing circulation in gold or silver coin of the United 
States, and shall receive at par in the payment of 
debts the gold notes of every other banking asso- 
ciation which at the time of such payment shall 
be redeeming its circulating notes in gold or silver 
coin of the United States. 

Sec. 5. That every association organized for 
the purpose of issuing gold notes, as provided in 
the preceding section, snail be subject to all the 
requirf'ments and provisions of the national cur- 
rency act, except the first clause of section 22, 
which limits the circulation of national banking 
associations to $300,000,000; the first clause of 
section 32, which, taken in connection with the 
preceding section, would require national bank- 
ing associations organized in the city of San 
Francisco to redeem their circulating notes at par 
in the city of New York; and the last clause of 
section 32, wliich requires every national banking 
association to receive in payment of debts tlie 
notes of every other national banking association 
at par: Provided, That in applying the provisions 
and requirements of said act to the banking 
a.ssociations herein provided for, the terms "law- 
ful money" and "lawful money of the United 
States" shall be held and construed to mean gold 
or silver coin of the United States. 



January 31 — The Senate being in Committee 
of the Whole, Mr. Sherman, from the Committee 
on Finance, moved to strike out, in section three, 
the words "equal in amount to ninety per cent, 
of the gold value of the bonds deposited, but not 
exceeding eighty per cent, of their par value," 
and in lieu thereof to insert "not exceeding in 
amount eighty per cent, of tlie par value of the 
bonds dejiosited;" which was agreed to. 

Mr. Sherman also moved to insert, as section 
three, the following: 

Sec. 3. That any banking association located 
in any State having more than its proportion of 
circulation may be removed to any State having 
less than its proportion of circulation, under such 
rules, and regulations as the Comptroller of the 
Currency, with the approval of the Secretary of 
the Treasury, may require 

Mr. Abbott moved to amend this amendment 
by adding the following: 

Provided, That the amount to be issued by 
said banks shall not be deducted from the amount 
of new issue provided for in this act. 

Which was agreed to. 

Mr. Warner moved to insert at the beginning 
of the section the words, "after the expiration oi 
six months from the passage of this act;" which 
was agreed to 

The amendment as amended was then agreed 
to — yeas 43, nays 12, as follow: 

Yeas — Messrs. Abbott, Bayard, Brownlovv, Cameron, 
Carpenter, Casserly, Chandler, Corbett, Davis, Drake, 
Gilbert, Harlan. Harris, Howe, lloweW. JoUnston, Kel- 
logg, LewLs, AfcCreery, Morton, Osborn, Pomeroy, Pool, 
Pratt, Uamsey, Piice. Robertson, Ross, Saulslmry. Saw- 
yer, Schurz, .Scott, Sherman, Spencer, Stewart. Stock- 
inn, Th.ayer, Tipton, Trumbull, Vicke.rs, Warner, Willey, 
Williams- 43. 

Navs — Messrs. Anthony, Buckingham, Conkling, Ed- 
munds, Fenton, Ferry, .VioDonald, Morrill of Vermont, 
Norton, Nye, Sumner, Wilson — 12. 

February 1 — Mr. Morton moved to amend the 
first section by striking out, in the first line, the 
words "forty -five," and inserting the words 
"fifty-two " 

Which was agreed to — yeas 39, nays 21, as 
follow : 

Yeas— Messrs. Abbott, Bayard. Boreman, Brown low, 
Cameron, Carpenter, Davis, Drake, Fowler, Gilbert, 
Hamilton of Maryland, Harlan, Harris, Howard. Howe, 
Howell, Johnston, Kellogg, McCrt^ry, McDonald, Mor- 
rill of Maine, Morton, Norton, Osborn, Pomeroy. Pool, 
Pratt, Ramsey, Rice, Robertson, Koss, Schurz, Soott, 
Spencer, Thayer, Tlmrman, Tipton, ric/.-crs, Warner— 
39. 

NATS-Messrs. Anthony. Buckingham, Cas.«er/y,Chand- 
ler, Conkling, Corbett, Cragin, Edmunds, Fentou, 
Hamlin, Morrill of Vermont. Patterson, S.iulshtiiy, Sher- 
man, Stewart, Stnckton,SamneT, Trumbull, Willey, Wil- 
liams, Wilson— 21. 

Mr. Conkling moved to amend by inserting 
after the word "apportionment," where it last 
occurs in the first section, the words "of the 
fifty-two million dollars of circulating notes 
hereby authorized." 

Which was disagreed to — yeas 23, nays 38, aa 
follow : 

Yeas — Messrs. Anthony, Boreman, Buckingham, 
Cameron, Chandler, Cole, Conkling, Corbett, Cragin, 
Edmunds. Fenton, Ferry, Hamlin, Morrill of Maine, 
Morrill of Vermont, Osl)orn, Patterson, Pomeroj ,Rice, 
Scott, Stewart, Sumner, Wilson — 2:!. 

Nays — Messrs. Abbott, Bai/ard, Brownkiw, Carpenter, 
Catserly, Davis, Drake, Fowler, Hamilton of Maryl.ind, 
Harlan, Harris, Howe, Howell, Johnston. Kellogg, Wc- 
Cretry, McDonald, Morton. Norton, Pool, Pratt. Ramsay, 
Robertson, Ross, Saulsbwy, Sawyer, Schurz, bherinaii. 



BANKING AND CURRENCY. 



589 



Spencer. Stochton, Thayer. Thurman, Tipton, Trumbull, 
Vickers, Warner, Willey, Williams— 38. 

Mr. Conkling further moved to strike out the 
last part of the first section, as follows: " but a 
new apportionment shall be made as soon as 
practicaole, based upon the census of 1870." 

Which was disagreed to — yeas 16, nays 44, as 
follow : 

Yeas — Messrs. Anthony, Boreman, Buckingham, 
Cole, Conkling Cragin, Edmunds. Fenton, Ferry, Ham- 
lin, Howe, Morrill of Vermont, Patterson, Scott, Sum- 
lier, Wilson — 16. 

Nats — Messrs. Abbott, Bayard, Brownlow, Cameron, 
Carpenter, Casser^y, Corbett, Davis, Drake, Fowler, Ham- 
ilton of Maryland, Harlan, Harris, Howard, Howell, 
Johnston, MrCreery, McDonald, Morrill of Maine, Mor- 
ton, Norton, Osborn, Pomeroy, Pool, Pratt, Ramsey, 
Rice, Robertson, Boss, Sauhhury, Sawyer, Sclinrz, Sher- 
man, Spencer, Stewart, Stockton, Thayer, Thurman, Tip- 
ton, Trumbull, Vickers, Warner, Willey, Williams — 44. 

Mr. Sumner offered an amendment, which was 
disagreed to without a division. 

Mr. Saulsbury moved to add to the end of the 
bill the following: 

Sec. — . That the sixth section of the act ap- 
proved March 3, 1865, entitled "Act to amend 
an act entitled 'An act to provide internal reve- 
nue to support the Government, to pay the in- 
terest on the public debt, and for other purposes,' 
approved June 30, 1864," be, and the same is 
hereby, repealed. 

(The section referred to imposed a tax of ten 
per cent, on State bank circulation ;) which was 
disagreed to — yeas 18, nays 42, as follow: 

Yeas— Messrs. Bayard, Cameron, Casserly, Cragin, Da- 
vis, Ferry, Hamilton of Maryland, Johnston, SIcCreery, 
Norton, Pool. Robertson, Saulsbury, Spencer, Stockton, 
Thurman, Vickers, Wilson — 18. 

Nays — Messrs. Abbott, Anthony, Boreman, Brown- 
low, Carpenter, Chandler, Cole, Conkling, Corbett, 
Drake, Edmunds, Fenton, Hamlin, Harlan, Harris, 
Howard, Howe, Howell, Kellogg, McDonald, Morrill 
of Maine, Morrill of Vermont, Morton, Osborn. Patter- 
son, Pomeroy, Pratt, Ram.«ey, Rice, Ross, Sawyer, 
Schurz, Scott, Sherman, Stewart, Sumner, Thayer, Tip- 
ton, Trumbull, Warner, Willey, Williams— 42. 

Mr. Morton moved to add the following to the 
bill: 

Sec. — . That to secure a better distribution 
of the national banking currency, there may be 
issued circulation notes to banking associations 
organized in States and Territories having a less 
banking circulation than their pro rata share, as 
herein set forth. And the circulation in this sec- 
tion authorized shall within one year, if required, 
be withdrawn, as herein provided, from banks 
organized in States having a circulation exceed- 
ing that provided for by the act entitled "An 
act to amend an act entitled 'An act to provide 
for a national banking currency secured by 
pledge of United States bonds, and to provide for 
the circulation and redemption thereof,' approved 
March 3, 1865;" but the amount to be so with- 
drawn shall not exceed $13,000,000. The Comp- 
troller of the Currency shall, under the direction 
of the Secretary of the Treasury, make a state- 
ment showing the amount of circulation in each 
State and the amount to be retired by each bank 
in accordance with this section, and shall, when 
circulation is required, make a requisition for 
such amount upon such banks, commencing with 
the banks having a circulation exceeding $1,000,- 
000 in States having an excess of circulation, 
and withdrawing one-third of their circulation 
in excess of $1,000,000, and then proceeding ^Jro 



rata with banks having a circulation exceeding 
$100,000 in States having the largest excess of 
circulation, and reducing the circulation of banks 
in States having the greatest proportion in ex- 
cess, leaving undisturbed the banks in States 
having a smaller proportion, until those in 
greater excess have been reduced to the same 
grade, and continuing thus to make the reduc- 
tion provided for by this act until the full amount 
of $13,000,000 herein provided for shall he with- 
drawn ; and the circulation so withdrawn shall 
be distributed among the States and Territories 
having less than their proportion, and so as to 
equalize the distribution of such circulation 
among such States and Territories upon the basis 
provided by law. And upon failure of such 
hank to return the amount so required within 
ninety days after said requisition, it shall be the 
duty of the Comptroller of the Currency to sell 
at public auction, having given twenty days' 
notice in a newspaper published in Washington 
city and New York city, an amount of bonds 
deposited by said bank as security for its circu- 
lation equal to the circulation to be withdrawn 
from such bank, and with the proceeds to re- 
deem so many of the notes of such bank, as they 
come into the treasury, as will equal the amount 
required from it, and shall pay the balance to 
such bank : Provided, That no circulation shall 
be withdrawn from States having an excess until 
after the $52,000,000 granted in the first section 
have been taken up. 

Mr. Davis moved to strike out the word "thir- 
teen," wherever it occurs in the amendment, and 
insert the words "twenty-five;" which was disa- 
greed to. 

The amendment of Mr. Morton was then 
agreed to — yeas 34, nays 27, as follow : 

Yeas— Messrs. Abbott, Bayard, Brownlow, Carpenter, 
Casserly, Cole, Davis, Fowler, Hamilton of Maryland, 
Harlan, Harris, Howe, Howell, Johnston, Kellogg, Afc- 
Creery, McDonald, Morton, iVbrfera, Osborn, Pool, Pratt, 
Ramsey, Rice, Robertson, Saulsbury, Sawyer, Spencer, 
Stockton, Thayer, Thurman,Tipton,'Vickers,\V\\son—3i. 

Nays — Messrs. Anthony, Boreman, Buckingham, 
Cameron, Chandler, Conkling. Corbett, Cragin, Drake, 
Edmunds, Fenton, Ferry, Gilbert, Hamlin, Howard, 
Morrill of Maine, Morrill of Vermont, Patterson, Pom- 
eroy, Scott, Sherman, Stewart, Sumner, Trumbull, 
Warner, Willey, Williams — 27. 

Mr. Kellogg moved to amend by striking out 
the 4th, 5th, and 6th sections, which was disa- 
greed to — yeas 24, nays 33, as follow : 

Yeas — Messrs. Batard, Boreman, Buckingham, Car- 
penter, Casserl}/, Conkling. Fowler, Hamilton of Mary- 
land, Harris, Howe, Howell, Kellogg, McDonald, Mor- 
ton, Norton, Rice, Saulsbury. Scott, Spencer, Stockton, 
Sumner, Thayer, Thurm*n,'Vickers—2'l. 

Nays— Messrs. Abbott, Anthony, Brownlow, Cameron, 
Chandler, Cole, Corbett, Cragin, Davis, Drake, Ed- 
munds, Fenton, Ferry, Harlan, Howard, McCreery, Mor- 
rill of Maine, Morrill of Vermont, Osborn, Patterson, 
Pomeroy, Pool, Pratt, Robertson, Sawyer, Sherman, 
Stewart, Tipton, Trumbull, Warner, Willey, Williams, 
Wilson— 33. 

Mr. Chandler moved to strike out the 1st sec- 
tion ; which was disagreed to. 

Mr. Vickers moved to insert at the end of sec- 
tion 4 the following: 

Provided, That the aggregate amount of bank- 
ing capital to be furnished under this section 
shall not exceed $50,000,000. 

Which was disagreed to. 

Mr. Sherman moved to insert in the 1st sec- 
tion, after the word "apportionment," where it 



590 



POLITICAL MANUAL. 



lastoccurs, the words "of the circulation herein 
provided for." 

Which was agreed to. 

Mr. Casserly moved to strike out in section 5 
the words "at all times keep on hand not less 
than twenty-five per centum of its outstanding 
circulation in gold or silver coin of the United 
States," and insert in lieu thereof: 

Before the issue to it of any circulating notes, 
have a paid-up cash capital of not less than 
$400,000, which shall not thereafter be dimin- 
ished. It shall at all times have on hand, in 
gold and silver coin of the United States, not less 
than thirty-three and one-third per cent, of its 
outstanding circulation, and two-thirds in specie 
funds, in bills, notes, and other securities If at 
any time the gold and silver coin shall fall below 
the proportion above specified, such banking as- 
sociation shall not make any loan, discount, or 
issue of circulating notes until such proportion 
shall be restored; and a violation of this provis- 
ion shall be an act of insolvency, and every di- 
rector participating in such violation shall become 
individually liable for all debts and obligations 
of such banking association. 

Which was disagreed to — yeas 11, nays 47, as 
follow : 

Yeas— Messrs. Bayard. Casserly, Davis. Fowler, Ham- 
ilton of Maryland, McCreery, Saulslmry, Spencer, Stock- 
ton, Thurman, Vickers — 11. 

Nats— Messrs. Abbott, Anthony. Boreman, Brownlow, 
Buckingham, Cameron, Carpenter, Chandler, Cole, 
Conkline:, Corbett, Cragin, Drake, Edmunds, Fenton, 
Ferry, Hamlin, Harlan, Harris, Howard, Howe, McDon- 
ald, Morrill of Maine, Morrill of Vermont, Morton, Os- 
born, Patter.son, Pomeroy, Pool, Pratt, Ramsey, Rice, 
Robert.eon, Ross, Sawyer, Schurz, Scott, Sherman, 
Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, 
Willey, Williams, Wilson-— 47. 

Ml-. Casserly further moved to amend the bill 
by inserting at the end thereof the following as 
an additional section: 

Sec. — . That bonds of the United States de- 
posited by any bank or banking association under 
the provisions of this act shall cease to bear in- 
terest while they are so deposited, and the fran- 
chise of banking hereby granted shall be deemed 
to be payment and discharge of all interest ac- 
crued during the period of such dejiosit. 

Which was disagreed to — yeas 9, nays 46, as 
follow : 

Yeas — Messrs. Bayard, Casserly, Davis, Fowler, Hamil- 
tonof Maryland, McCreery, Norton, Thurman, Vickcis — 9. 

Navs — Messrs. Abbott, Anthony, Horeman, Brown- 
low, Kuek in i;ham,Cam('ron,Carpenter, Chandler, Conk- 
Hng. Corbet t,-<'ragin, Drake. Edmunds, Fenton. Ferry, 
Hamlin. Harlan, Harris, Howard, lloweW, Johnston, .Mc- 
Donald, Morrill of Vermont, Morton, Osljorn, Patterson, 
Pomeroy, Pool, Ramsey, Riro, Robertson, Ross, Saids- 
bur;/, Sawyer. Schurz, Scott, Sherman, Stewart, Sumner, 
Thayer, Tipton, Trumbull, Warner, Willey, Williams, 
Wilson— 40. 

Mr. Ross moved to amend section 1 by adding 
thereto the following: 

Provided, That notliing in this section shall be 
construed to prevent the immediate distribution 
of $25,000,000 of the above sum under the pro- 
visions of this act. 

Which was disagreed to. 

Mr. Wilson moved to add to the bill the fol- 
lowing: 

Sec. — . That no banking association organ- 
ized, or to be organized, under the act to provide 
a national currency secured by a pledge of 
United States bonds, and to provide for the cir- 



culation and redemption thereof, approved June 
3, 1864, shall in any case charge or receive upon 
any loan or discount a higher rate of interest than 
seven per cent, per annum. 

Which, being modified, on motion of Mr. Thur- 
man, by adding the following : 

And any contract upon which more than seven 
per cent, shall be reserved or received shall be 
void. 

Was disagreed to — yeas 13, nays 48, as follow: 

Yeas— Messrs. Bayard, Cameron, Carpenter, Conk- 
ling, Crajrin. Edmtinds, Patterson, Pratt, Rice, Ross, 
Spencer. Thurman. Wilson — 13. 

Nats— Messrs. Abbott. .■Vnthony, Boreman, Brown- 
low, Buckingham, (handler, Cole, Corbett, Davts, 
Drake, Fenton, Ferry, Fowler, Gilbert, HamiUon of 
Maryland. Hamlin. Harlan. Harris, Howard, Howe, 
Howell, Johnston. Kellogg, McCreery, McDonald, Morrill 
of Maine. Morrill of Vermont, Norton. Osborn. Pome- 
roy. Pool. Ramsey, Robertson, SauUbury, Sawyer, 
Schurz, Scott, Sherman. Stewart, Stockton, Sumner, 
Thayer. Tipton, Trumbull, Vickers, Warner, Willey, 
William.s— 48. 

February 2. — The bill having been reported 
to the Senate with the amendments, the first 
question being on concurring in the first amend- 
ment oflered by Mr. Morton and adopted, it was 
disagreed to. 

The second amendment, being that offered by 
Mr. Sherman as section 3, was agreed to — yeas 
43, nays 20, as follow: 

Yeas— Messrs. Abbott, Bayard, Boreman, Brownlow, 
Carpenter, Casserly, Chandler, Corbett, Drake, Gilbert, 
Harlan. Harris, Howard, Howe, Howell, Joftristo/!, Kel- 
logg, Lewis, Morrill of DIaine, Jlorton, Osborn, Pom- 
eroy, Pool, Pratt, Kamsey, Rice. Robertson, Ross, Saw- 
yer, Schurz, Scott, Sherm'an, Spencer. Stewart, Stockton, 
Thayer, Thurman, Tipton, Trumbull, Vicktrs, Warner, 
Willey, Williams— « 

Nats — Messrs. Anthony, Buckingham, Cameron, 
Conkling, Cragin, Davis, Edmunds, Fenton, Ferry, 
Hamilton of Maryland. Plamlin, McCreery, McDonald, 
Morrill of Vermont, NorV/n, Nye, Patterson, Saulsbury, 
Sumner, Wilson— 20. 

The first amendment offered by Mr. Sherman 
was then agreed to — yeas 44, nays 12, as follow ; 

Yeas — Jlessrs. Abbott, Anthony, Boreman, Brown- 
low, Buckingham, Cameron, Chandler, Cole, Conkling, 
Corbett, Edmunds, Fenton, Ferry, Gilbert, Hamlin, 
Marian, Harris, Howard, Howell, Kellogg, Morrill of 
Maine. Morrill of Vermont, Nye, Osborn, Patterson, 
Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, 
Schurz, Scott, Sherman, Spencer, Stewart, Sumner, 
Thaver, Tipton, Trumbull, Warner, Willey, Williams, 
Wilson— 44 

Nats— Messrs. Bayard, CarpeiTter, Casserly, Davis, 
Hiimillim of Maryland, Howe, McDonald, Arn-ton, Sauls- 
bury, Stockton, Thurmun, Vickers — 12. 

Mr. Morton moved to amend the amendment 
ofi'ered by him and adopted, by striking out the 
word "thirteen" wherever it occurs therein and 
inserting the word "twenty," and by striking 
out the word " fifty-two" and inserting the word 
"forty-five;" which was agreed to — yeas 43, 
nays 15, as follow: 

Yeas — Messrs. Abbott, Bayard. Boreman, Brownlow, 
Carpenter, r./.'j.'j.r/y, Cole, Corliett, Davis, Drake, Fnwler, 
Gilbert. }f,nii,lln,i',^{ Maryland, Harlan, Harris. Ilnwe, 
U(>\Yf\\,Johiisiim, Kellogg^ Mcdrrry, McDonald, Jloiton, 
Norton. Osborn, Pratt, Rice, Robertson. Ross, Saulsbury, 
Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, 
Stficfdrm, Thayer, Thurman, Tipton, Trumbull, Vickers, 
\\arucr, Wilson — 4.3. 

Nays — Messrs. Anthony, Buckingham, Cameron, 
Chandler, Conkling. Cragin, Edmunds, Fenton, Ferry, 
llowaril, Morrill of'Maine, Morrill of Vermont, Patter- 
son, Sumner, Willey — 15. 

The amendment of Mr. Morton as thus amended 

was then agreed to — yeas 3'J, nays 15, as follow: 

Yeas— Messrs. Abbott, Bayard, Boreman, Brownlow, 



BANKING AND CURRENCY. 



591 



Carpenter, Casserlj/, Corbett, Davis, Drake, Ilarlan, Har- 
ris, Howe, Howell, Kellogg, UcOreery, McDonald, Mor- 
ton, Osborn. Pool, Pratt, Ramsey, Pkiec, Robertson, 
Ross, Sawyer, Schurz, Scott, Sherman. Spencer. Stew- 
art, StncJ.-ton, Thayer, Thurman, Tipton, Trumbull, Vick- 
ers. Warner, Willey, Wilson — 39. 

Nats — Messrs. Anthony, Buckingham, Cameron, 
Conkling. Cragin, Edmunds. Penton, Ferry, Fowler, 
Howard, Morrill of Maine, Morrill of Vermont, Nye, 
Patterson, Sumner — 15. 

Mr. Morrill, of Vermont, moved to insert at 
the end of section 3 the following: 

But shall be accounted for as between the 
States from which and to which any banks may 
remove. 

Which was disagreed to — yeas 21, nays 36, as 
follow : 

Yeas — Messrs. Anthony, Buckingham, Cameron, 
Chandler, Conkling, Cragin, Edmunds, Fenton, Ferry, 
Gilbert, llamlin, Morrill of Maine, Morrill of Vermont, 
Nye, Patterson, Sherman, Stewart, Sumner, Vickers, 
Williams, Wilson— 21. 

Nays— Messrs. Abbott, Boreman, Brownlow, Carpen- 
ter, Casserbj, Corbett, Davis, Drake, Fowler, Harlan, 
Harris, Howard, Howe, Howell, Johnston, Kellogg, Mc- 
Creery. McDonald. Morton, Norton, Osborn, Pool, Pratt, 
Ramsey, Rice, Robertson, Ross, Saulsbury, Sawyer, 
Schurz. Scott, Stockton, Thayer, Tipton, Trumbull, War- 
ner— 30. 

Mr. Howe moved to strike out the 4th, 5th, 
and 6th sections ; which was disagreed to — yeas 
29, nays 29, as follow : 

Yeas — Messrs. Abbott Bayard Boreman, Bucking- 
ham, Carpenter, Casserly, Conkling, Davis, Dr.ake, Fer- 
ry. Fowler, Hamilton of Maryland, Harris, Howe, How- 
ell, Johnston, Kellogg, McDonald, Morton, Norton, Pom- 
eroy. Rice, ■S'au^sAury, Scott, Spencer, Stockton, Sumner, 
Thurman, Vickers — 29. 

Nats — Slessrs. Anthony, Brownlow, Cameron, Cor- 
bett, Edmunds, Gilbert, Hamlin, Harlan. Howard, Mc- 
Creery, Morrill of Maine, Morrill of Vermont, Nye, Os- 
born. i?atterson, Pool, Pratt, Robertson, Ross, Sawyer, 
Sherman. Stewart Thaver, Tipton, Trumbull. Warner, 
Willey, Williams, Wilson- 29. 

The bill was then passed — yeas 39, nays 23, as 
follow : 

Yeas — Messrs. Abbott, Boreman, Brownlow, Came- 
ron, Chandler, Corbett, Davis, Drake, Gilbert, Hamlin, 
Harlan, Harris, Howard, Howell, Johnston, Kellogg, 
McCreery, Norton, Nye, Osborn, Pomeroy, Pool, Pratt, 
Ramsey, Rico, Robertson. Ross, Sawyer, Schurz, Sher- 
man, Spencer, Stewart, Thayer, Tipton, Trumbull, 
Warner, Willey, Williams, Wilson— 39. 

Nays— Messrs. Anthony, Bayard, Buckingham, Car- 
penter, Casserly, Cole, Conkling, Edmunds, Fenton, 
Ferry, Fowler, /Tami'ton of Maryland, Howe, McDon- 
ald, Morrill of Maine, Morrill of Vermont, Norton, 
Saulsbury, Scott, Stockton, Sumner, Thurman, Vickers — 
23. 

In House of Representatives. 

1870, June 9 — Mr. Garfield, from the Committee 
on Banking and Currency, offered the following 
substitute for the Senate bill: 

That $95,000,000 in notes for circulation may 
be issued to national banking associations, in 
addition to the $300,000,000 authorized by the 
22d section of the "Act to provide a national 
currency secured by a pledge of United States 
bonds, and to provide for the circulation and 
redemption thereof," approved June 3, 18G4; and 
the amount of notes so provided shall be furnished 
to banking associations organized or to be or- 
ganized in those States and Territories having 
less than their proportion under the apportion- 
ment contemplated by the provisions of the " Act 
to amend an act to provide a national currency 
secured by a pledge of United States bonds, and 
to provide for the circulation and redemption 
thereof," approved March 3, 1865, and the bonds 
deposited with the Treasurer of the United States 



to secure the additional circulating notes herein 
authorized shall be of any description of bonds 
of the United States bearing interest in coin : 
Provided, That if applications for the circulation 
herein authorized shall not be made within one 
year alter the passage of this act, by banking 
associations organized or to be organized in States 
having less than their proportion, it shall be 
lawful for the Comptroller of the Currency lo 
issue such circulation to banking associations in 
other States or Territories not in excess apply- 
ing for the same, giving the preference to such as 
have the geatest deficiency: And provided fur- 
ther, That no banking association hereafter or- 
ganized shall have a circulation in excess of 
$500,000. 

Sec. 2. That at the end of each month after 
the passage of this act it shall be the duty of 
the Comptroller of the Currency to report to the 
Secretary of the Treasury the amount of circu- 
lating notes issued under the provisions of the 
preceding section to national banking associa- 
tions during the previous month ; whereupon 
the Secretary of the Treasury shall redeem and 
cancel an amount of the three per centum tem- 
porary loan certificates issued under the acts of 
March 2, 1867, and July 25, 1868, not less than 
the amount of circulating notes so reported, and 
may, if necessary, in order to procure the pre- 
sentation of such temporary loan certificates for 
redemption, give notice to the holders thereof, 
by publication or otherwise, that certain of said 
certificates (which shall be designated by num- 
ber, date, and amount) shall cease to bear in- 
terest from and after a day to be designated in 
such notice, and that the certificates so designated 
shall no longer be available as any portion of 
the lawful money reserve in possession of any 
national banking association, and after the day 
designated in such notice no interest shall be 
paid on such certificates, and they shall not 
thereafter be counted as a part of the reserve of 
any banking association. And when the whole 
amount of additional circulating notes issued in 
accordance with the provisions of the preceding 
section of this act shall exceed the amount ot 
the three per centum temporary loan certificates, 
the Secretary of the Treasury shall, at the be- 
ginning of each month, redeem and cancel an 
amount of United States notes equal to eighty 
per centum of the amount of additional circu- 
lating notes issued to national banking associa- 
tions during the preceding month, in accordance 
with the provisions of this act. 

Sec. 3. That to secure a more equitable distri- 
bution of the national banking currency, there 
may be issued circulating notes to banking associ- 
ations organized in States and Territories having 
less than their proportion as herein set forth. 
And the amount of circulation in this section au- 
thorized shall, under the direction of the Secre- 
tary of the Treasury, as it may be required for 
this purpose, be withdrawn, as herein provided, 
from banking associations organized in States 
having a circulation exceeding that provided for 
by the act entitled "An act to amend an act en- 
titled 'An act to provide for a national banking 
currency secured by pledge of United States 
bonds, and to provide for the circulation and re- 
demption thereof,'" approved March 3, 1865; 



592 



POLITICAL MANUAL. 



but the amount so withdrawn shall not exceed 
$25,000,000. The Comptroller of the Currency 
shall, under the direction of the Secretary of the 
Treasury, make a statement showing the amount 
of circulation in each State and Territory, and 
the amount to be retired by each banking associ- 
ation in accordance with this section, and shall, 
when such redistribution of circulation is required, 
make a requisition for such amount upon such 
banks commencing with the banks having a cir- 
culation exceeding $1,000,000 in States having 
an excess of circulation, and withdrawing their 
circulation in excess of $1,000,000, and then pro- 
ceeding p?-© rata with other banks having a cir- 
culation exceeding $300,000 in States having the 
largest excess of circulation, and reducing the 
circulation of such banks in States having the 
greatest proportion in excess, leaving undisturbed 
the banks in States having a smaller proportion, 
until those in greater excess have been reduced 
to the same grade, and continuing thus to make 
the reduction provided for by this act until the 
full amount of $25,000,000 herein provided for 
shall be withdrawn; and the circulation so with- 
drawn shall be distributed among the States and 
Territories having less than their proportion, so 
as to equalize the same. And it shall be the 
duty of the Comptroller of the Currency, under 
the direction of the Secretary of the Treasury, 
forthwith to make a requisition for the amount 
thereof upon the banks above indicated, as herein 
prescribed. And upon failure of such associations, 
or any of them, to return the amount so required 
within one year, it shall be the duty of the Comp- 
troller of the Currency to sell at public auction, 
having given twenty days' notice thereof in one 
daily newspaper printed in Washington, and one 
in New York city, an amount of bonds deposited 
by said association, as security for said circula- 
tion, equal to the circulation to be withdrawn 
from said association and not returned in com- 
pliance with such requisition; and the Comp- 
troller of the Currency shall with the proceeds 
redeem so many of the notes of said banking 
association, as they come into the treasury, as 
will equal the amount required and not so re- 
turned, and shall pay the balance, if any, to such 
banking association : Provided, That no circula- 
tion shall be withdrawn under the provisions of 
this section until after the $95,000,000 granted 
in the 1st section shall have been taken up. 

Sec. 4. That after the expiration of six months 
from the passage of this act any banking asso- 
ciation located in any State having more than 
its proportion of circulation may be removed to 
any State having less than its pro])ortion of cir- 
culation, under such rules and regulations as the 
Comptroller of the Currency, with the approval 
of the Secretary of the Treasury, may req^uire : 
Provided, That the amount of the issue of said 
banks shall not be deducted from the amount of 
new issue provided for in this act. 

June 14 — Mr. Randall offered the following 
substitute: 

That from and after the passage of this act 
it shall be unlawful for any individual, associa- 
tion, or corporation to issue as money any note 
or bill not authorized by act of Congress ; and 
the Secretary of the Treasury is hereby authorized 
to issue, on the credit of the United States, such 



sums as may be necessary for the purposes set 
forth in this act, not exceeding in aggregate 
amount $300,000,000 of United States notes, not 
bearing interest, of such denominations as he 
may deem expedient, not less than $5 each, 
which said notes shall be lawful money and a 
legal tender for debts in like manner as provided 
in the 1st section of an act entitled "An act to 
authorize the issue of United States notes, and 
for the redemjition or funding thereof, and for 
funding the floating debt of the United States," 
passed February 25, 18G2. And the provisions 
of the 6th and 7th sections of said act are hereby 
re-enacted and applied to the notes herein au- 
thorized. 

Sec. 2. That the notes issued under this act 
shall be used only in exchange for the circulating 
notes issued to national banking associations 
under the provisions of an act of Congress ap- 
proved March 3, 1864, entitled "An act to pro- 
vide a national currency secured by a pledge of 
United States bonds," &c., and for the purcliaso 
of such amounts of United States bonds as may 
be necessary to carry out the true intent of this 
act. 

Sec. 3. That all circulating notes of national 
banking associations which may hereafter be 
paid into the Treasury of the United States shall 
be retained in the treasury and not again put in 
circulation; and the Secretary of the Treasury 
may pay out for circulation, as the wants of the 
Government may require, an equal amount of 
the United States notes hereby authorized to be 
issued. And the Secretary of the Treasury may 
exchange United States notes, issued under au- 
thority of this act, with any person or persons 
for a like amount of circulating notes of national 
banking associations. And the Secretary of the 
Treasury shall notify any banking association 
of the amount of its notes so accumulated when 
such amount is not less than $900; and the said 
banking association is hereby required, within 
thirty days after the issuing of said notice, to 
redeem said notes at the Treasury of the United 
States in lawful money, and to present the notes 
so redeemed to the Secretary of the Treasury for 
cancellation. And the Secretary of the Treasury 
is hereby directed to cancel the said notes and to 
return to the said banking association the pro- 
portionate amount of United States bonds de- 
posited as security for the same. 

Sec. 4. That in case any national banking as- 
sociation shall neglect or decline to redeem its 
circulating notes as provided in the preceding 
section within the thirty days therein specified, 
the Secretary of the Treasury is hereby author- 
ized and directed to cancel said notes, and to pay 
said banking association in the United States 
notes authorized by this act the market value of 
the United States bonds deposited as security for 
said circulating notes, after deducting tlierei'rorn 
the amount required for redeeming said national 
bank notes, and to cancel said bonds, first fur- 
nishing to said banking association a list of the 
numbers, dates, and denominations of the notes 
so canceled: Provided, That if it shall appear to 
the Secretary of the Treasury that any of such 
bonds, held by him on deposit as security for said 
notes, shall have matured, then it shall be liis 
duty to take the same up at par with the notes 



BANKING AND CURRENCY. 



593 



authorized by this act to an extent of the propor- 
tion of the notes to be so redeemed and bonds 
held as security for the same. 

Sec. 5. That when the circulating notes of any 
national banking association shall have been so 
far redeemed and canceled at the Treasury that 
the remaining notes shall not exceed three per 
cent, of the whole amount of circulating notes 
originally issued to said banking association, the 
Secretary of the Treasury is hereby authorized 
and directed to return to said bank the bonds 
deposited as security for its circulating notes, and 
said banking association shall be relieved from 
its obligation to pay said notes remaining in cir- 
culation, and the same shall be redeemed by the 
Secretary of the Treasury, and paid, on presenta- 
tion to the Treasury, out of any money in the 
Treasury not otherwise appropriated. 

Sec. 6. That so much of any law or laws as 
are inconsistent herewith shall be, and the same 
are hereby, repealed. 

Which was disagreed to — yeas 51, nays 111, 
as follow : 

Yeas — Messrs. Adanis. Axtell, Beck, Bird, Booker, Ben- 
jamin F. Butler, Calkin, Clinton L. Cobb, Coolj. Covode, 
Cox, Crehs, Dockery, Dox, Eldridge,Fitch, Fox, Getz, Oib- 
son, Hambleton, Hamill, Hay, Hays, Heflin, Hnlman, John- 
son, Lasii, Marshall, McCormick, McNedy, Milnes, Morgan, 
JUorrissey, Mungen, Niblack, Randall, Meeves, Rice, Ridg- 
way, Rogers, Schumaker, Sherrod, Shnber, Joseph S. Smith, 
sales, Strader, Sweeney, Trimble, Wells, Winchester, Wood- 
ward — 51. 

Nays — Messrs. Allison, Ambler, Ames, Armstrong, 
Asper, Atwood, Bailey. Banks, Barry, Beaman, Beatty, 
Benjamin, Bennett, Benton, Biggs, Bingham, Blair, 
Boles, George JI. Brocks, Buck, Buckley, Buffinton, 
Burchard, Burdett, Roderick R. Butler, Cessna, 
Churchill, Sidney Clarke, Amasa Cobb, Coburn, Con- 
ger, towles, CuUom, Dawes, Uegener, DicUey, Dixon, 
Donley, Duval. Ferriss, Finkelnburg, Fisher, Garfield, 
Gilfillan, Griswold, Hawley, Hoar, Hooper, Hotchkiss, 
Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, 
Knapp, Laflin, Lawrence, Lewis, Logan, Mayham, May- 
nard, McCarthy, McCrary, McGrew, Mercur, Eliakim 
H. Moore, Jesse H. Moore, William Moore, Morphis, 
Daniel J. Morrell, Newsham, Orth, Packard, Paine, 
Palmer, Peck, Perce, Phelps, Piatt, Poland, Pomeroy, 
Porter, Potter, Prosser, Sanford, Sargent, Sawyer, 
Lionel A. Sheldon, Porter Sheldon, John A. Smith, 
William Smyth, Starkweather, Stokes, Stoughton, 
Strickland, Taffe, Tanner, Taylor, Tillman, Townsend, 
Twiehell. Upson, Van Trump, Van Wyck, Ward, Cad- 
walader C. Washburn, William B. Washburn, Wheeler, 
Whitmore, Winans — 111. 

Mr. Morgan moved to substitute the following : 

That all acts and parts of acts authorizing the 
issue of national bank notes be, and the same are 
hereby, repealed. 

Sec. 2. That in order to meet the demands of 
trade, to secure a currency in quantity and value 
corresponding to the development of the material 
wealth and population of the United States, and 
provide for the people a means of paying their 
taxes, the Secretary of the Treasury is hereby re- 
quired to cause to be executed gold treasury notes, 
commonly called greenbacks, of convenient de- 
nominations, in manner and form as already pre- 
scribed by law, to the amount of $400,000,000. 

Sec. 3. That the Secretary of the Treasury is 
hereby further required to cancel and destroy all 
matured United States bonds deposited by the 
national banks as security in the Treasury of the 
United States, and to redeem in said treasury 
notes the national bank notes issued on said bonds, 
and return to said banks, in redemption for their 
notes, the non-matured bonds deposited as afore- 
said ; and he shall cancel and destroy all such 
38 



bank notes which have been or may be received 
by the agents of the United States in payment 
of taxes, or otherwise, and substitute for the 
same an equal amount of gold treasury notes, 
and pay to the depositors of said bonds a sum at 
par in treasury notes equal to the difference be- 
tween the nominal value of the bonds deposited 
and the amount of bank currency issued on them. 

Sec. 4. That the Secretary of the Treasury is 
hereby also required to forthwith give notice, by 
publication, to the holders of the 5-20 bonds, so 
called, (which shall be designated by number, 
date, and amount,) of the largest denominations, 
and of such issues as have matured, that the same 
will be paid to the amount of $100,000,000, at 
par, in said treasury notes on presentation, and 
that on failure to present said bonds for payment 
within six weeks after said notice interest on the 
same shall cease from that date. 

Sec. 5. That in order to secure a uniform and 
stable currency, from and after the passage of 
this act all taxes, duties, and imposts of every 
kind, payable to the Government of the United 
States, shall be receivable in gold, silver, or treas- 
ury notes, at the option of the person making the 
payment; and upon the redemption of the public 
debt all outstanding treasury notes shall be re- 
deemed at par, in gold or silver, in a manner to 
be provided for by law. And all acts and parts 
of acts inconsistent with the provisions of this 
act are hereby repealed. 

Which was disagreed to — yeas 37, nays 127, 
as follow : 

Yeas — Messrs. Adanis, Axtell, Beck, Bipgs, Bird, Burr, 
Conner. Crebs, Vox. Gibson, Hamill. Hawkins. Hays, Hef- 
lin, Holman, Johnson, Kerr, Knott, Lewis, Marshall, McCor- 
mick, Mcyeely, Morgan, Mungen, Niblack, Reeves, Rice, 
Ridgway, Rogers, Sherrnd. Shober, Strader, Sweeney, Trim- 
ble. Van Trump, Wells, Winchester— 'SI . 

Nays — Messrs. Allison. Ambler, Ames, Armstrong, 
Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, 
Benjamin, Bennett, Benton, Bingham, Blair, Boles, 
Booker, George M. Brooks, Buckley, Buffinton, Buroh- 
ard, Burdett, Roderick R. Butler, Calkin, Cessna, 
Churchill, William T. Clark, Amasa Cobb, Clinton L. 
Cobb, Coburn, Cook, Conger, Cowles, Cox, Cullom, 
Dawes, Degener, Dickey, Dixon, itonley, Duval, Ela, 
Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, i^oaf, 
Garfield, Ge<^, Gilfillan, Oriswold. Ha,\e. Hambleton, Ham- 
ilton, [larris, Hawley, Hay, Hooper, Hotchkiss, Inger- 
soll. Judd, Julian, Kelley, Kellogg, Kelsey. Ketcham, 
Knapp, Laflin, Lash, Lawrence, Logan, Maynard, Mc- 
Carthy, McCrary, McGrew, Mercur, Milnes, Eliakim H. 
Moore, Jesse H. Moore, William Moore, JMorphis. Dan- 
iel J. Morrell, Morrissey, Newsham, Orth, Packard, 
Paine, Palmer, Peck, Perce, Phelps, Piatt, Poland, Pom- 
eroy, Porter, Potter. Prosser, Randall, Sanford, Sargent, 
Sawyer, Lionel A. Sheldon, Porter Sheldon, John A. 
Smith, William Smyth. Starkweather, Stiles, Stokes, 
Stoughton, Strickland, Taffe, Tanner, Taylor. Tillman, 
Townsend, Twiehell, Upson, Van Horn, Van Wyck, 
Ward, Cadwalader C. Washburn, Whitmore, Willard, 
John T.Wilson, Winans— 127. 

June 15 — Mr. IngersoU moved to substitute 
the following: 

That the Secretary of the Treasury, in addition 
to the United States legal-tender notes heretofore 
issued under former acts of Congress, be, and he 
is hereby, authorized and directed to issue like 
notes of the denominations heretofore issued, and 
in such proportions as he may deem best, to the 
amount of $44,000,000 ; $10,000,000 of said notes 
to be issued within thirty days after the pas- 
sage of this act, and $10,000,000 within sixty 
days after the passage of this act; and $10,000,- 
000 within ninety days after the passage of this 
act, and the remaining $14,000,000 within or e 



o94 



POLITICAL MANUAL. 



hundred and twenty days after the passage of 
this act. 

Which was disagreed to — yeas 51, nays 103, 
as follow : 

Yeas — Messrs. Adams, Archer, Beatty, Beck, Bennett, 
Burr, Amasa Cobb, Coburn, Cook, Co7wer, Crebs, Cullom, 
Dox, Kldridge, Oihson, Ilamblcton, llamill, llamiltou, 
Hawkins. Hay, Hays, Hftiin, Ildlman, Iiit^ersoll, Kerr, 
Knott, Ltiwrenoe, Lewis, Marsliall, McCormiclc, McKenzie, 
Hcjyeel!/. HilnM, Morgan. Aiblach, (,)i-tli, Packard, Meeves, 
Rice, liidgwai/, Bogers, Roots, Shn-rod, Strader, Trimble, 
Tyner, Van Trump, Wells, Winchester, Witcher, Wood — 
51. 

N.\TS — 5Iessrs. Allison, .\mbler, Ames, Asper, At wood, 
Bailey, Banks, Barry, Beaman, Benjamin, Benton, 
Bingliam, Bird, Blair, Booker, George M. Brooks, Buck, 
Buckley, Buttinton. Burehard, Burdett, Roderick R. 
Butler, Ce.ssna.Churuhill, Sidney Clarke, Cleveland, Con- 
ger, Cowles, Cox, Degener, Dickey, Dixon, Donley, Du- 
val, Dyer, Ela, Farns\vorth,Ferriss,Finkelnburg,"Pish- 
er, Fitch, Fox, Garfield, Getz, Uaipht, Hale, Harris, Haw- 
ley.Hoar, Hooper, Hotchkiss, J udd, Julian, Kel ley, Kel- 
logg, Kelsey, Ketchaiii, Knii]!]!, Latlin, Lash, Maynard, 
McCarthy, McCrary, Mi'Gi-i_-\v, Mercur, William Moore, 
Morphis, Daniel J.'Murrcll, Murrisxey, Newsham, Pack- 
er. Pock, Perec, Phelps, Poland, Pomeroy, Potter, Ban- 
dall, Sargent, Sawyer, Sehenck, Schumaker, Vorter Shel- 
don, Josiph S. Smith, William Smyth, Starkweather, Stiles, 
Btokes. Strickland, Strong, Swann, Tafi«, Tanner, Till- 
man, Twichell, Upson, Van Auken, Van Wyck, Ward, 
William B. Washburn, Willard, Winans, Woodward — 103. 

Messrs. IngersoU and Lynch offered amend- 
ments in the nature of substitutes, which were 
disagreed to without a division. 

Mr. Joseph S. Smith moved to insert as an 
additional section to the Senate bill: 

Sec. — . That after the 1st day of January, A. 
D. 1871, no interest shall be paid to any national 
banking association on the bonds deposited by it 
in pursuance of law as security for iis circula- 
tion, exce|it on the excess of the par value of 
Buch bonds over and above the amount of na- 
tional bank notes issued to it and not redeemed 
or canceled by the Government; and that after 
that date no tax shall be levied or collected on 
the circulation of any national banking associa- 
tion. 

Which wafl disagreed to — ^yeas 37, nays 118, as 
follow : 

Yeas— Messrs. Adams, Beck, Bird, Burr, Calkin, Conner, 
Cox, Crebs, Dox, J/amliUlan, Holman, Knott, Lewis, Mar- 
shall, Mayliam, McNecly, Milnes, Morgan, Morrissey, itun- 
gen, yiblack, Randall, Beeves, Rice, Bidgway, Rogers, Schu- 
maker, Sherrod, Shober, Joseph S. Smith, Stiles, Sweeney, 
Triniljk,Van Auken, Van Trump, Winchester, Wood — 37. 

Nays— Messrs. Allison, Ames, Armstrong. Asper, At- 
wood, Bailey, Banks, Bariy, Beaman, Beatty, Bennett, 
Benton, Blair, Boles, Booker, Boyd, George M. Brooks, 
Buck, Buckley, Buffinton, Burehard, Biardett, Benja- 
min F. Butler, Roderick Ji. Butler, Cessna, Churchill, 
William T.Clark, CleveUinU, Amasa Cobb, Coburn, Cook, 
Conger, Cowles, Degener, l>ickev, Dixon, Dockery, 
Donley, Duval, E;ia, Farnsworth, Ferriss, Finkelnburg, 
Fisher, Garfield, Getz, llaigld. Hale, Hamilton, Hawkins, 
Hawley, Hay, Hays, Hoar, Hooper, Hotchkiss, Inger- 
80II, Judd, Julian, Kellcy, Kellogg, Kelsey, Ketcham, 
Knanp, Latlin, Lash, Lawrence, Liigan, Mavnard, Me- 
Carlliv, Mc(Jrary, Mi'(;rcw, Mercur, lOliakim' 11. Moore, 
Ji-ssc H. .Mo.ire, William Moore, Morphis, Daniel J. 
Morrell, Orth, Packard, Packer, Paine, Palmer, Peck, 
Phelps, Piatt, Poland, Pomeroy, Potter, Sargent, Saw- 
yer, Sehenck, Lionel A. Sheldon, John A. Smith, Wil- 
liam Smyth, Starkweather, Stokes, Stoughton, Strader, 
Strickland, Strong, Taffe, Tanner, laylor, Tillman, 
Twiihcll, Tyner, Upson, Van Wyck, Ward, Cadwalader 
C. Washburn, William B.Washburn. Wheeler, Willard, 
John T. Wilson, Winans, Witcher, IVbotiwari/— 118. 

Mr. Judd moved to strike out the following 
from the 2d section of the substitute; 

And when the whole amount of additional 
circulating notes, i.ssued in accordance witli tlie 
provisions of the preceding section of tliis act, 
ehall exceed the amount of three ])er cent, tem- 



porary loan certificates, the Secretary of the 
Treasury shall, at the beginning of each month, 
redeem and cancel an amount of United States 
notes equal to eighty per cent, of the amount of 
additional circulating notes issued to national 
banking associations during the preceding month, 
in accordance with the provisions of this act. 

Which was agreed to, upon a division — ayes 
72, noes 44. 

;Mr. Allison moved to add to the last section 
of the substitute the following: 

And from and after the passage of this act it 
shall be unlawful for any national banking 
association to pay interest on deposits received 
from and deposited by any other national bank- 
ing association, or to pay interest on current 
deposits, or to include in its reserve of lawful 
money any deposits upon which interest is re- 
ceived or paid. 

Which was disagreed to — yeas 69, nays 94, 
as follow: 

Yeas — Messrs. Adams, Allison, Ames, Archer, Asper, 
Axtell, Barry, Beck, Biags, Boles, Burehard, Burr, Cal- 
kin, Churchill, William T. Clark, Cleveland, Cook, Con- 
ger, Conner, Crebs, Degener, Dox, Dyer, Finkelnburg, 
Fox, Garfield, Getz, Haight, Harris, Hawkins, Hay, Hef- 
lin, Holman, Hooper, Judd, Kelley, Knott, Marshall, 
Mayham, Maynard, McO>rm,ick, McKenzie, McNeeJy, Milnes, 
Morgan, Morrissey, Mungen, Niblack, Perce, Reeves, Rice, 
Ridfiway, Rogers, Sehenck, Sherrod, Sholier, Joseph S. 
Smith. Stiles, Strader, Siveeney, Taylor. Trimble, Van Auken, 
Van Trump, Wells, Winana, Wincheder, Witcher, Wood — CO, 

Nays- Messrs Amliler, Armstrong, Atwood, Bailev, 
Banks, Beaman, Beatty, Benton, Bingham, Bird. Blair, 
Booker, Boyd, George M. Brooks, Buck, Buckley, Buf- 
finton, Burdett, Roderick R. Butler, Cessna, Sidney 
Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cowles, 
Cox, CuUoin, Dawes, Dickey, Dixon, Donley, Duval, 
Farnsworth, Ferriss, Fisher, Griswold, Hawley, Hays, 
Hoar, Hotchkiss, IngersoU, Julian, Kellogg, Kelsey, 
Ketcham, Knapp, Laflin, Lash, Lawrence, Lewis, Mc- 
Carthy, .McGrew, Mercur, Eliakim IL Moore, Jesse H. 
Moore, William Moore, Daniel J. Morrell, Samuel P. 
Morrill, Newsham, Orth, Packard, Packer, Paine, 
Peck, Phelps, Piatt, Poland, Pomeroy, Roots, Sanford, 
Sargent, Sawyer, Lionel A. Sheldon, Porter Sheldon, 
William Smyth, Starkweather, Stokes, Stoughton, 
Strickland, Strong, Tatfe, Tanner, Tillman, Twiidiell, 
Tyner, Upson, Van Wyck, Ward, Cadwalader C. Wash- 
bi'irn, William B. Washburn, Wheeler, Willard, John T. 
Wilson, Woodward — Ol. 

Mr. Burehard moved to amend the substitute 
by adding the following as a new section : 

Sec. — . That hereafter every national bank- 
ing association shall retain and keep in coin, or 
Treasury coin certificates, as part of its reserve, 
the interest falling due upon its bonds deposited 
as security for its circulation, until the reserve 
required to be kept by such bank at its place of 
business shall consist wholly of coin and coin 
certificates. 

Which was disagreed to — yeas 33, nays not 
counted. 

Mr. Coburn moved to add to the substitute of 
the committee the following, as a new section : 

Sec. — . That the Secretary of the Treasury 
be, and lie is hereby, authorized to issue on the 
credit of the United States the sum of $44,000,- 
000 of United States notes, in addition to such 
as have been heretofore issued, in denominations 
of not less than $100, under the provisions of 
law for issuing such notes, and shall with them 
redeem the said three per cent, temjiorarj' loan 
certificates, used as a portion of the lawful money 
reserves by the national banks. 

Whicli was disagreed to — yeas 77, nays 95, aa 
follow : 



BANKING AND CURRENCY. 



59^ 



Yeas — Messrs. Adams, Allison, Ames. ArcJier, Beatty, 
Beck, Bennett, Boles, Booker, Boyd, Buckley, Burr, Ben- 
lamin F. Butler, Roderick R. Butler, Sidney Clarke, 
Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conner, 
Crebs, Cullom, Dockery, Dox, Dyer, Eldriilge, Gibsnn, 
Griswnid, Hambhtnn, Hawkins, Hay, Hays, Hettin, Hol- 
man, Ingersoll, Knott, Lash, Lawrence, Lewis, Marslialt, 
Maynard, McCormick, McKenzie, McNeeli/. Eliakiin H. 
Moore, Jesse H. Moore, Morgan, Morphis, Morrissey, 
Mimgen, Newsham, Niblack, Orth, Packard, Pomeroy, 
Randall, Reeves, Rice, Ridgway, Rogers, Roots, Sherrod, 
Shober, Joseph S. Smith, sirader, Taffe, Trimble, Tyner, 
Van Horn, Van Trump, VanWyck, Wells, John T. Wilson, 
Windiester, Witoher, Wood — 77. 

Nays — Messrs. Ambler, Armstrong, Asper, Atwood, 
Axlell, Bailey, Banks, Barry. Ueaman, Benjamin, Ben- 
ton, Bingham, Bird, Blair, George M. Brooks, James 
Brooks, Liuck, Buffinton, Burchard, Burdett, Calkin, 
Churchill, William T. Clark, Cleveland, Conger, Cowles, 
Cox, D.awes, Degener, Dickey, Dixon, Donley, Duval, 
Farnsworth, Ferriss, Finkelnburg. Fisher, Fox, Gar- 
field, Getz, Haight, Hale, Hawley, Hooper, Hotchkiss, 
Judd, Julian, Kelley, Kellogg. Kelsey, Ketcham, 
Knapp, Laflin, Mayham, McCarthy, McGrew, Mereur, 
William Moore, Daniel J. Morrell, Samuel P. Morrill, 
Packer, Paine, Palmer, Peck, Perce, Phelps, Piatt, Po- 
land, Porter, Potter, Sanford, Sawyer, Sohenck, Schu- 
maker, Lionel A. Sheldon, Porter Sheldon, William 
Smyth. Starkweather, Stiles, Stokes, Stoushton, Strick- 
lancl, Strong, Tanner, Taylor, Tillman. Twichell, Up- 
son, Van Avken, Ward, Cadwalader C. Washburn, Wil- 
liam B, Washburn, Wheeler, Willard, Winans, Wood- 
ward — 95. 

The bill Wcas then passed — yeas 98, nays 80, 
as follow : 

Yeas— Messrs. Allison, Ambler, Armstrong, Asper, 
Atwood, Bailey, Barry, Beaman, Beatty, Benjamin, 
Bennett, Bingham, Boles, Booker, Boyd, Buck, Buck- 
ley, Burchard, Burdett, Cessna, William T. Clark, 
Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, 
Cowles, Cullom, Degener, Dickey, Dockery, Donley, 
Duval. Dyer, Farnsworth, Finkelnburg, Garfield, Oib- 
son, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, 
Heflin, Judd, Julian, Kelley, Kelsey, Knapp, Lash, 
Lawrence, Logan, McCarthy, McCormick. McVvary, Mc- 
Grew, McKee, McKenzie, Mereur, Milnes, Eliakim H. 
Moore, Jesse H. Moore, William Moore, Morphis. New- 
sham, Orth, Packard, Packer, Palmer, Peck, Perce, 
Phelps, Piatt, Pomeroy, Rogers, Roots, Schenck, Shanks, 
Lionel A. Sheldon, Porter Sheldon, William Smyth, 
Stokes, Stoughton, Strickland, Taffe, Tillman, Tyner, 
Upson, Van Horn, Van Wyck, Welker, Wells, Wilkin- 
son, Willard, John T. Wilson, Winans, Witeher— 98. 

Nats — Messrs. Adams, Ames, Archer, Axtell, Banks, 
Benton, Biggs, Bird, Blair, George M. Brooks, James 
Brooks, Buffinton, Burr, Calkin, Churchill, Cleveland, 
Conner, Cox, Crebs, Dawes, Dixon, Dox, Ela, Eldridge, 
Ferriss. Fisher. Fox, Oetz, Grisivold, Haight, Hale, Hnm- 
bleton, Hamill, Hoar, Holman, Hooper, Ingersoll, Ketch- 
am, Knott, Laflin, Lewis, Marshall, Mayham, Maynard, 
McNeehj, Morgan, Daniel J. Mnrrell, Samuel P. Morrill, 
Morrisse}!, Mungen, Niblack, Paine, Poland, Potter. Ran- 
dall, Beeves, Rice, Sanford, Sargent, Sawyer, Shober, 
Joseph S. Smith, Starkweather, Stiles, Strader, Strong, 
Swann, Sweencji, Tanner, Taylor, Twichell, Van Aiiken, 
Van TVtimp, Ward, Cadwalader C. Washburn, William 
■B. Washburn, Wheeler, Winchester, Wood, Woodward — 
80. 

Mr. Garfield moved to amend the title, so as 
to read: "To provide for the redemption of the 
three per cent, temporary loan certificates and 
for the increase of national bank notes." 

Which was agreed to. 

1870, June 21 — The Senate refused to concur 
in the House amendments and asked a committee 
of conference, which was granted. 

June 27 — The Committee of Confeeence, 
consisting of Senators Sherman, Warner, and 
Sprague, and Representatives Garfield, Thomas 
L. Jones, and Lionel A. Sheldon, made the fol- 
lowing report : 

That the Senate recede from their disagreement 
to the amendments of the House to the Senate 
bill, and agree to the same, with the following 
amendments: 

Page 1, line 1, strike out "ninety-five" and 



insert in lieu thereof "forty-five." Page 1, line 
18, after the word "coin" insert the following: 
" but a new apportionment of t!ie increased circu- 
lation herein provided for shall be made as soon 
as practicable, based upon the census of 1870." 
After section — add the following sections: 

Seo. — That upon the deposit of any United 
States bonds, bearing interest payable in gold, 
with the Treasurer of the United States, in the 
manner prescribed in the 19th and 20th sec- 
tions of the national currency act, it shall be 
lawful for the Comptroller of the Currency to 
issue to the association making the same circu- 
lating notes of different denominations not less 
than five dollars, not exceeding in amount eighty 
per cent, of the par value of the bonds deposited, 
which notes shall bear upon their face the prom- 
ise of the association to which they are issued to 
pay them upon presentation at the office of the 
association in gold coin of the United States, and 
shall be redeemable upon such presentation in 
such coin : Provided, That no banking associa- 
tion organized under this section shall have a 
circulation in excess of $1,000,000. 

Sec. — . That every national banking associa- 
tion formed under the provisions of the preced- 
ing section of this act shall at all times keep on 
hand not less than twenty-five per cent, of its 
outstanding circulation in gold or silver coin of 
the United States, and shall receive at par in the 
payment of debts the gold notes of every other 
such banking association which at the time of 
such payments shall be redeeming its circulating 
notes in gold coin of the United States. 

Sec. — . That every association organized for 
the purpose of issuing gold notes, as provided in 
this section, shall be subject to all the require- 
ments and provisions of the national currency 
act, except tne first clause of section 22, whicn 
limits the circulation of national banking asso- 
ciations to $300,000,000; the first clause of sec- 
tion 32, which, taken in connection with the pre- 
ceding section, would require national banking 
associations organized in the city of San Fran- 
cisco to redeem their circulating notes at par in 
the city of New York; and the last clause of 
section 32, which requires every national bank- 
ing association to receive in payment of debts 
the notes of every other national banking asso- 
ciation at par: Provided, That in applying the 
provisions and requirements of said act to the 
banking associations herein provided for, the 
terms "lawful money " and "lawful money of 
the United States " shall be held and construed 
to mean gold or silver coin of the United States. 

That section 3 be amended as follows: page 4, 
line 3, after the word " withdrawing," insert " one- 
third of." 

Same page, line 5, strike out the word " three" 
and insert in lieu thereof the word "two." 

In House, June 29, 1870. 

The report of the committee of conference was 
disagreed to — yeas 53, nays 127, as follow: 

Yeas — Messrs. Ames, Asper, Ayer, Bailey, Benton, 
Blair, Boles, Bowen, Buckley, Roderick R. Butler, 
Churchill, Dickey, Ela, Ferriss. Finkelnburg, Fitch, 
Garfield, Hale, Harris, Ileflin, Hill, Thomas L. Jones, 
Kelsey, Knapp, Laflin, Lash, Mereur, Eliakim H, 
Moore, Palmer, Perce, Poland, Pomeroy, Roots, Sar- 
gent, Sawyer, Schenck, Scotield, Lionel A. Sheldon, 



m 



POLITICAL MANUAL. 



Porter Sheldon, S?!o5er, .lohn A. Smith, Worthington I 
C. Smith. William Smyth. Stevens, Stokes, Tanner, 
Tavlor, Tillman, Upson, Wallace, Ward, Willard, Wi- I 
Hans — .')3. I 

Nats — Messrs. Adajns, Allison, Ambler. Armstrong, 
.\twoo(l, Banks, ^nriiHHi, Realty, Deck. Benjamin, Ben- | 
nott, Binijs, liinghani, Bird, (ieorgo M. Brooks, James i 
Brooks, Buffinton, Buioliard. liitrr. Benjamin F. Butler, I 
Calkin, Cessna. William T. Clark, Sidney Clarke. Cleve- 
land, Amasa Cohb. Clinton L. Cobb, Coburn, Conger, 
Cook, Cojc. Crebs. Cullom, Davis. Dawes. Degener, /)/(;/> 
in.wn, Dixon, Dookery, Dox. Dyer, Eldridge, Farns- 
worth, Ferry. Fisher, Geti, Griswold, Hambleton, Ham- 
ill, Hawkins, Ilawley, Hay. Hoar. Holmnn, Hooper, In- 
gersoll.7o/insoi..!iiild,Kelley, Kellogg, A'fTr,Ketcham, 
h'nott. Lawience, Lewis. I^oiiiiliridge. Marshall. May- 
nard, McCarthy. McCormick. McGrew, itVcKce, McJS'eely, 
Milnes. Jesse H. Moore, William .Moore, Morgan, Mor- 
phis. Daniel J. Morrcll. .Mnnfien, Myers. Negley, Nib- 
lack, O'Neill, Orth, Packer. Paine. Peck, Phelps. Porter, 
Prosser, Reeves. Rice, Rogers, Sanford. Schumaker, 
Shanks Siocum, Joseph S. Smith. .'Starkweather, Steven- 
son, Stilf , Stone, Stonghton. .Wra'.?cr, Strickland. Strong, 
iiwanii, Siaeenei), TaflTe. To.vnsend. Twichell. Tyner, Van 
Auken, Van Horn. Van Wyck. Wolker, ire/is, Wheeler, 
Whitmore, Wilkinson, Williams, Eur/ene M. Wilson, 
John T. Wilson, Winchester, Wood, Woodward— 121 . 

A second committee of conference, consisting 
of Senators Williams, Morton, and Bayard, and 
Representatives Judd, Packer, and Knott, agreed 
upon a report, being the bill as finally passed, 
and printed at the beginning of this chapter. 

The following, it is understood, will be the ap- 
portionment of the additionar circulation given 
in this act: 

Virginia, $4,915,985; West Virginia, $457,770; 
Illinoi's, $1,079,592; Michigan, $786,776; Wis- 
consin, $2,117,939; Iowa, $681,363; Kansas, 
$174,712; Mis.soari, $3,000,412; Kentucky, $4,- 
651.349; Tennessee, $4,331,759; Louisiana, $5,- 
425,193; Mississippi, $2,980,470; Nebraska, $6,- 
576; Georgia, $4,681,728; North Carolina, $4,- 
098,628; South Carolina, $4,216,838; Alabama, 
$4,081,212; Oregon, $161,273; Texas, $2,032,- 
194; Arkansas, $1,455,519; Utah, $58,332; Cal- 
ifornia, $1,717,388; Florida, $546,442 ; Dakota, 
$15,441; New Mexico, $277,939; Washington 
Territory, $47,180. Total, $54,000,000. 

The following is the apportionment of the ex- 
isting circulation : 

Maine, $5,415,000; New Hampshire, $3,312,- 
000; Vermont, $2,989,500; Massachusetts, $21,- 
795,000; Rhode Island, $4,794,000; Connecticut, 
$7,222,500; New York, $53,473,500; New Jersey, 
$6,690,000; Pennsvlvania, $26,527,500; Mary- 
land, $7,137,000; Delaware, $1,090,500; District 
of Columbia, $658,500; Virginia, $10,731,000; 
West Virginia, $2,788,500; Ohio, $17,623,500; 
Indiana, $9,615,000; Illinois, $11,838,000; Mich- 
igan. $5,200,500; Wisconsin, $6,211,500; Iowa, 
$4,408,500; Minnesota, $1,050,000; Kansas, 
$646,500; Missouri, $9,411,000; Kentucky, $10,- 
500,000; Tennessee, $8,766,000; Louisiana, $10,- 
581,000; Mississipni, $5,265,000; Nebraska, 
$181,500; Colorado,' $193,500; Georgia, $9,420,- 
500; North Carolina, $7,546,500; South Carolina, 
$7,566,000; Alabama. $7,425,000; Nevada, $48,- 
000; Oregon, $370,500; Texas, $3,961,000; Ar- 
kan.sas, $2,724,000; Utah, $237,000; California, 
$3,003,000; Florida, $955,500; Dakota, $27,000; 
New Mexico, $486,000; Washington Territory, 
$82,500. Total, $299,968,500. 



In House, December 11, 1869. 

Mr. Ingersoll introduced a "bill authorizing 
an additional issue of legal-tender notes to the 
amount of $44,000,000, and for other purposes ;" 
which was referred to the Committee on Banking 
and Currency. Pending question of reference, 
Mr. Scofield moved to lay the bill on the table; 
which was disagreed to — yeas 65, nays 88, as 
follow : 

Yeas— Messrs. Ambler. Ames. Asper, Bailey, Beaman, 
Benjamin, Bi(ji.is. Bird. Blair, Boyd, George I\I. Brooks, 
Buck. Buckley, HiiHintun, Vox. Dawes, Dixon. Donley, 
Duval. Ferriss, Finkcluburg. Fisher. Gartield. Oetz, Hal- 
deman. Hoar, Hooper, Jenckes.Kelley, Kellogg, Kelsey, 
Kerr, Ketcham, Knapp, Latlin, Lasll, MeGrew, Mercur, 
William Moore, Samuel P. Morrill, Munyen, .Myers, 
O'Neill, Poland. i^aHftoW, Ecading, Reeves. Scotield. Porter 
Sheldon, Job j .■V. Smith, Worthington C Smith. Stark- 
weather, Ste ''ens. Stought on, St ri(!k land, Strong.Towns- 
end. Twichell, Ward, Cad walader C. Washburn. M'illiam 
B. Washburn, Wheeler, Willard, Winans, Woodward— (J5. 

Nays— Messrs. Allison, Armstrong, Arnell. Beatty, 
Bennett, Boles, Burchard, Burdett. Burr, Benjamin F. 
Butler, Roderick R. Butler, Calkin, Cessna, Amasa 
Cobb, Coburn, Cook, Cowles. Crebs, Cullom, Davis. I)e- 
weese, Dickinson. Dockery. Dox. Dyer, Eldridge, Farns- 
worth. Ferry, Fitch, Gilfillan, Griswold, Hamilton, 
Hawkins, Hawley, Hay,Heaton, Heflin, Hoag, Solomon 
L. Hoge, Hdhnan. Ingersoll, Johnson. Alexander H. 
Jon«i, Judd, Julian, Knolt, Lawrence, Loughridgc, May- 
ham, Maynard, McCarthy, JlcVormick, McCrary, Mor- 
gan, Negley, A'iblack, C)rth, Packard. Paine, Peters, 
Pomeroy, Prosser, Rice. Rogers. Sargent, Lionel A. Shel- 
don, Jbsep/i S. Smith, William J. Smith. William Smyth, 
Stevenson, Stokes, Stone, Strader, Sweenry, Tatf'e, T.anner, 
Tillman, Tyner, Upson, Van Trump, Welker, Wells, B. F. 
Whittemore, Wilkinson, Williams, Eugene M. Wdson, 
Witcher, Wood— SB. 

1870, January 17 — Mr. McNeely moved to sus- 
pend the rules to offer, and the House to adopt, 
the following resolution, viz: 

Resolved, That the Committee on Banking and 
Currency be, and they are hereby, instructed to 
report at an early day a bill providing for with- 
drawing from circulation the national bank cur- 
rency, and for issuing, instead of such currency, 
treasury notes, usually known as "greenbacks." 

Which was disagreed to — yeas 56, nays 114, 
as follow: 

Yeas — Jlessrs. Adams, Archer, Axtell, Beck, Biggs, Bird, 
James Brooks, Burr, Roderick P.. Butler, Calkin, Cox, 
Crebs, Dickinson, Dox, Eldridge. Getz, Golladai/, Greene, 
Griswold, Haight, Haldeman, Hambleton, Haniitl, Haw- 
kins, Hay, liolman, Johnson, Thomas L. Jones. Kerr, 
Knott, Marshall, Mayham, McCormick, McNeely, Morgan, 
Mungen, Niblack, Randall, Reading, Reeves, Rogers, Schu- 
maker, Sherrod, Joseph S. Smith, Stiles. Strader, Swann, 
Trimble, Van Auken, Van Trump, Voorhees, Wells, Eu- 
gene M. Wilson, Winchester, Wood, Woodward — jO. 

Navs — Messrs. Ambler, .Ames. Armstrong, Asper, Bai- 
lej'. Banks, Barman. Beaman. Beatty, Benjamin, Ben- 
ton, Bingham, Blair. Holes, Bowen, Boyd. G. M. Brooks, 
Buck, Buckley, Buffinton, Burchard, Burdett, Cake, 
Cessna, .Sidney Clarke, Amasa Cobb, Clinton L.Cobb, 
Coburn, Cook, Conger, Cowles. Dawes, Deweese, Dick- 
ey, Dixon. Donley. Duval, Dyer. Ferriss, Finkelnburg, 
Fisher, (iarfield," Giltillan, Hale, Hamilton, Hawley, 
Heaton,HeHin, Hill, Hoar, Hooper, Jenckes, Judd, Ju- 
lian, Kelley, Kellogg, Kelsey. Ketcham, Knapp. Lash, 
Lawrence, Logan, Lynch, McCarth}'. McCrary, McGrew, 
Merenr, Eliakim H. Moore, Jesse H. Moore. William 
Moore, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, 
Packard, Packer, Paine, Palmer, Peters, Phelps, Po- 
land, Pomeroy, Potter. Prosser, Roots. Sargent, Sawyer, 
Scofield, Lionel A. Sheldon, Porter Sheldon, John A. 
Smith, William J. Smith, Worthington C. Smith, Stark- 
weather, Stevens, Stokes, Stoughton, Strong, TafTe, 
Tanner, Tillman, Tovvnsend, Twichell, Tyner, Upson, 
Cadwalader C.Washburn, William B. Washburn, Wol- 
ker, Wheeler, Wilkinson, Willard, Williams, John T. 
Wilson— 114. 



LVIIl. 



THE FUNDING ACT. 



AH ACT to authorize the refunding of the na- 
tional debt. 

Be it enacted, tfcc, That the Secretary of the 
Treasury is hereby authorized to issue, in a sum 
or sums not exceeding in the aggregate $200,- 
000,000, coupon or registered bonds of the United 
States, in such form as he may prescribe, and of 
denominations of fifty dollars, or some multiple 
of that sum, redeemable in coin of the present 
standard value, at the pleasure of the United 
States, after ten years from the date of their is- 
Bue, and bearing interest, payable semi-annually 
in such coin, at the rate of five per cent, per an- 
num; also a sum or sums not exceeding in the 
aggregate $300,000,000 of like bonds, the same 
in all respects, but payable at the pleasure of the 
United States, after fifteen years from the date of 
their issue, and bearing interest at the rate of four 
and a half per cent, per annum ; also a sum or sums 
not exceeding in the aggregate $1,000,000,000 
of like bonds, the same in all respects, but pay- 
able at the pleasure of the United States, after 
thirty years from the date of their issue, and 
bearing interest at the rate of four per cent, per 
annum ; all of which said several classes of bonds, 
and the interest thereon, shall be exempt from 
the payment of all taxes or duties of the United 
States, as well as from taxation in any form by 
or under State, municipal, or local authority; 
and the said bonds shall have set forth and ex- 
pressed upon their face the above specified con- 
ditions, and shall, with their coupons, be made 
Sayablc at the Treasury of the United States, 
lut nothing in this act, or in any other law now 
in force, shall be construed to authorize any in- 
crease whatever of the bonded debt of the United 
States. 

Sec. 2. That the Secretary of the Treasury is 
hereby authorized to sell and dispose of any of 
the bonds issued under this act at not less than 
their par value for coin, and to apply the pro- 
ceeds thereof to the redemption of any of the 
bonds of the United States outstanding and 
known as 5-20 bonds at their par value; or he 
may exchange the same for such 5-20 bonds, par 
for par; but the bonds hereby authorized shall 
be used for no other purpose whatsoever. And 
a sum not exceeding one-half of one per cent, of 
the bonds herein authorized is hereby appro- 
priated to pay the expense of preparing, issuing, 
advertising, and disposing of the same. 

Sec. 3. That the payment of any of the bonds 
herebj' authorized after the expiration of the said 
several terms of ten, fifteen, and thirty years 
shall be made in amounts to be determined from 
time to time by the Secretary of the Treasury at 
his discretion, the bonds so to be paid to be dis- 
tinguished and described by the dates and num- 
bers, beginning for each successive payment with 
the bonds of each class last dated and numbered, 
of the time of which intended payment or redemp- 



tion the Secretary of the Treasury shall give 
public notice ; and the interest on the particular 
bonds so selected at any time to be paid shall 
cease at the expiration of three months from the 
date of such notice. 

Sec. 4. That the Secretary of the Treasury is 
hereb}' authorized, with any coin in the Treasury 
of the United States which he may lawfully ap- 
ply to such purpose, or which may be derived 
from the sale of any of the bonds the issue of 
which is provided for in this act, to pay at par 
and cancel any six per cent, bonds of the United 
States of the kind known as 5-20 bonds which 
have become or shall hereafter become redeemable 
by the terms of their issue. But the particular 
bonds so to be paid and canceled shall in all cases 
be indicated and specified by class, date, and num- 
ber, in order of their numbers and issue, begin- 
ning with the first numbered and issued, in puolic 
notice, to be given by the Secretary of the Treas- 
ury, and in three months after the date of such 
public notice the interest on the bonds so selected 
and advertised to be paid shall cease. 

Sec. 5. That the Secretary of the Treasury is 
hereby authorized, at any time within two years 
from the passage of this act, to receive gold coin 
of the United States on deposit for not less than 
thirty days, in sums of not less than $100, with 
the Treasurer, or any assistant treasurer of the 
United States authorized by the Secretary of the 
Treasury to receive the same, who shall issue 
therefor certificates of deposit, made in such form 
as the Sacretary of the Treasury shall prescribe, 
and said certificates of deposit shall bear interest 
at a rate not exceeding two and a half per cent, 
per annum; and any amount of gold coin so de- 
posited may be withdrawn from deposit at any 
time after thirty days from the date of deposit, 
and after ten days' notice and on the return of 
said certificates: Provided, That the interest on 
all such deposits shall cease and determine at the 
pleasure of the Secretarj' of the Treasury. And 
not less than twenty-five per cent, of the coin 
deposited for or represented by said certificates 
of deposits shall he retained in the Treasury for 
the payment of said certificates; and the excess 
beyond twenty-five per cent, mux be applied, at 
the discretion of the Secretary of the Treasury, 
to the payment or redemption of such outstand- 
ing bonds of the United States heretofore issued 
and known as the 5-20 bonds, as he may desig- 
nate under the provisions of the 4th section of 
this act; and any certificates of deposit issued as 
aforesaid may be received at par, with the inter- 
est accrued thereon, in payment for any bonds 
authorized to be issued by this act. 

Sec. 6. That the United States bonds purchased 
and now held in the Treasury in accordance with 
the provisions relating to a sinking fund, of sec- 
tion 5 of the act entitled "An act to authorize 
the issue of United States notes, and for the re- 

597 



598 



POLITICAL MANUAL. 



demptiou or fundl/ig thereof, and for funding the 
floating debt of the United States," approved 
February 25, 1862, and all other United States 
bonds which have been purchased by the Secre- 
tary of the Treasury with surplus funds in the 
Treasury, and now held in the Treasury of the 
United States, shall be canceled and destroyed, 
a detailed record of such bonds so canceled and 
destroyed to be first made in the books of the 
Treasury Department. Any bonds hereafter ap- 
plied to said sinking fund, and all otlier United 
States bonds, redeemed or paid hereafter by the 
United States, shall also in like manner be re- 
corded, canceled, and destroyed, and the amount 
of the bonds of each class that have been can- 
celed and destroyed shall be deducted respectively 
from the amount of each class of the outstand- 
ing debt of the United States. In addition to 
other amounts that may be applied to the redemp- 
tion or payment of the public debt, an amount 
equal to the interest on all bonds belonging to 
the aforesaid sinking fund shall be applied, as 
the Secretary of the Treasury shall from time to 
time direct, to the payment of the public debt, 
as provided for in section 5 of the act aforesaid ; 
and the amount so to be applied is hereby appro- 
priated annually for that purpose out ol the re- 
ceipts for duties on imported goods. 
Approved, July 14, 1870. 

Final Votes. 

In Senate, Juhj 13, 1870. 
The bill, being the report of the committee of 
conference last appointed, was agreed to without 
a division. 

In House, July 13, 1870. 

Yeas — Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell, Asper, .\t\vood, Ayer, Bailey, Banks, Biiriy, 
Benjamin, Bennett, Benton, Bingham, Blair, Boles, 
Boyd, George M. Brooks, Buck, Buckley, Buffinton, 
Burchard, Burdett, Roderick R. Butler, Cake, Cessna, 
Churchill, Sidney Clarke, William T. Clark, .4masa 
Cobb, Coburn, Conger, Cook, Covode, Cowles, CuUom, 
Darrall, Davis, Dawes, Degener, Dickey, Dixon. Donley, 
Duval, Ela, Farnsworth, "Ferriss, Ferry, Finkelnburg, 
Fisher, Fitch, Garfield, Gilfillan, Hamilton, Harris, 
Hawley, Hays, Heflin, Hill, Hoar, Hooper, Hotchkiss, 
Jenckes, Judd, Julian, Kelley, Kellogg, Kelsey, Keteh- 
am, Knapp, Laflin, Lai^h, Lawrence, Logan, Lough- 
ridge, Lynch, Maynard, McCarthy, McCrary, McGrew, 
Mercur, Eliakim H. Moore, Jesse H. Moore, William 
Moore, Morphis. Daniel J. Morrell, Myers, Negley, 
O'eill. Orth, Packard, Packer, Paine, Palmer. Peck, 
Perce, Peters, Phclp.s, Poland, Porter, Prosser, Rogers, 
Roots, Sanford, Sargent, Sawyer, Sehenck, Shanks, 
Lionel A. Sheldon, Porter Sheldon. John A. Smith, Wil- 
liam J. Smith, Worthington 0. Smith, William Smyth, 
Stevens, Stokes, Stoughton, Strickland, Taft'e, Tanner, 
Taylor, Tillman, Townscnd, Twichcll, Tyner, Upson, 
Van Horn. Van Wvck, Ward, William B. Washburn, 
Welker, Wheeler, Whitmore. Wilkinson, Willard, Wil- 
liams, John T.Wilson, \Vitcher— 130. 

Nats — Messrs. Adams, Archer, Axtell, Bamum, Beatty, 
Beck, Bii/gs, liird, James Brnols. Burr. ( alkin, Chvclund, 
C'lx. Crehs, Dickins'm, Ehlridije, Fox, Gdz, Grimvotd, 
HctHjht, Uamhleton, Ilamill, Hay. nolman,JnhTifon, Thom- 
aa L. Jones, K'rr, Knott, Lewis, Murshall. Mayhnvi. MrCnr- 
tni'l:, McKenzic, Morf/an, I'ottcr, Ilamlall, Uecres. Rice. >Schu- 
maker, Shcrrod, tiinrum, Joseph S. Smith, Stilfs, Stone, 
Swann, Svxennj, Trimble, Vun Trump, Vonrhees, TFe/is, £ur 
gene M. }Vilson, Winchester, Wood, Woodward — 54. 

Previous Votes. 
In Senate. 
1870, February 7 — Mr. Sherman, from the Com- 
mittee on Finance, reported the following bill : 



Be it enacted, tfcc. That for the purpose of 
funding the debt of the United States and reduc- 
ing the interest thereon, the Secretary of the 
Treasury be, and he is hereby, authorized to is- 
site, on the credit of the United States, coupon or 
registered bonds of such denominations, not less 
than $50, as he may think proper, to an amount 
not exceeding $400,000,000, redeemable in coin 
at the pleasure of the Government at any lime 
after ten years, and payable in coin at twenty 
years from date, and bearing interest at the rate 
of five per centum per annum, payable semi- 
annually in coin; and the bonds thus authorized 
may be disposed of, at the discretion of the Sec- 
retary, under such regulations as he shall pre- 
scribe, either in the United States or elsewhere, 
at not less than their par value for coin, or 
they may be exchanged for any of the outstand- 
ing bonds of an equal aggregate par value here- 
tofore issued and known as the five-twenty bonds, 
and for no other purpose; and the proceeds of 
so much thereof as may be disposed of for coin 
shall be placed in the Treasury, to be used for 
the redemption of such six per centum bonds at 
par as may not be offered in exchange, or to re- 
place such amount of coin as may have been 
used for that purpose. 

Sec. 2. That the Secretary of the Treasury 
be, and he is hereby, authorized to issue on the 
credit of the United States, coupon or registered 
bonds to the amount of $400,000,000, of such 
denominations, not less than $50, as he may 
think proper, redeemable in coin at the pleas- 
ure of the Government at any time after fifteen 
years, and payable in coin at thirty years from 
date, and bearing interest not exceeding four and 
one-half centum per annum, payable semi-an- 
nually in coin ; and the bonds authorized by this 
section may be disposed of under such regulations 
as the Secretary shall prescribe, in the United 
States or elsewhere, at not less than par for coin; 
or they may be exchanged at par for any of 
the outstanding obligations of the Government 
bearing a higher rate of interest in coin; and 
the proceeds of such bonds as may be sold for 
coin shall be deposited in the Treasury, to be 
used for the redemption of such obligations bear- 
ing interest in coin as by the terras of issue are 
or may become redeemable or payable, or to re- 
place such coin as may have been used for that 
purpose. 

Sec. 3. That the Secretary of the Treasury be, 
and he is hereby, authorized to issue, on the 
credit of the United States, from time to time, 
coupon or registered bonds of such denomina- 
tions, not less than $50, as he mav think proper, 
to the amount of $400,000,000, "redeemable in 
coin at the jdeasure of the Government at any 
time after twentj' years, and payable in coin at 
forty years from date, and bearing interest at 
the rate of four per centum per annum, payable 
semi-annually in coin; and such bonds may be 
disposed of, either in the United States or else- 
where, at not less tlian their par value, for coin, 
or, at the discretion of the Secretary, for United 
States notes; or may be exchanged at not less 
than par for any of the obligations of the United 
States outstanding at the date of the issue of 
such bonds ; and if in the opinion of the Secre- 
tary of the Treasury it is thought advisable to 



THE FUNDING ACT. 



599 



issue a larger amount of four per centum bonds 
for any of the purposes herein or hereinafter re- 
cited than would be otherwise authorized by this 
section of this act, such further issues are hereby 
autliorized: Provided, That there shall be no 
increase in the aggregate debt of the United 
States in consequence of any issues authorized by 
this act. 

Sec. 4. That the bonds authorized by this act 
shall be exempt from all taxation by or under 
national, State, municipal, or local authority. 

Sec 5. That the coupons of said bonds may 
be made payable at the Treasury of the United 
States, or at the office of an autliorized agent of 
the United States, either in the cities of London, 
Paris, Berlin, Amsterdam, or Frankfort, in dol- 
lars, or the equivalent thereof in sterling money, 
in francs or in thalers. 

Sec. 6. That the Secretary of the Treasury be, 
and he i», hereby, authorized to appoint such 
agents in the United States and in Europe as he 
may deem necessary to aid in the negotiation of 
said bonds ; and he may advertise the loan herein 
authorized and the conditions thereof in such 
newspapers and journals in this country and in 
Europe as he may select for that purpose ; and a 
sum not exceeding one per centum of the bonds 
herein authorized is hereby appropriated to pay 
the expense of preparing, issuing, and disposing 
of the same. 

Sec. 7. That in order to carry into execution 
the provisions of the 5th section of the act enti- 
tled "An act to authorize the issue of United 
States notes and for the redemption or funding 
thereof and for funding the floating debt of the 
United States," approved February 25, 1862, 
relating to the sinking fund, there is hereby ap- 
propriated out of the duties derived from im- 
ported goods the sum of $150,000,000 annually, 
which sum during each fiscal year shall be applied 
to the payment of the interest and to the reduction 
of the principal of the public debt. And the United 
States bonds now held as the sinking fund and 
the United States bonds now held in the Treasury 
shall be canceled and destroyed, a detailed record 
thereof being first made in the books of the 
Treasury Department. And the bonds hereafter 
purchased under this section shall in like man- 
ner be canceled and destroyed. And a full and 
detailed account of the application of the money 
herein appropriated shall be made by the Secre- 
tary of the Treasury to Congress with his an- 
nual report ; and the aggregate amount of the 
bonds canceled and destroyed shall be stated in 
the monthly statements of the public debt. 

Sec. 8. That on and after the 1st day of Octo- 
ber, 1870, registered bonds of any denomination 
not less tlian $1,000, issued under the provisions 
of this act, and no others, shall be deposited with 
the Treasurer of the United States as security for 
the notes issued to national banking associations 
for circulation under an act entitled "An act to 
provide a national currency secured by a pledge 
of United States bonds, and to provide for the 
circulation and redemption thereof," approved 
June 3, 1864; and all national banking associa- 
tions organized under said act, or any amend- 
ment thereof, are hereby required to deposit bonds 
issued under this act as security for their circu- 
lating notes within one year from the date of the 



passage of this act, in default of which their right 
to issue notes for circulation shall be forfeited, 
and the Treasurer and the Comptroller of the 
Currency shall be authorized and required to 
take such measures as may be necessary to call 
in and destroy their outstanding circulation, and 
to return the bonds held as security therefor to 
the association by which they were deposited, in 
sums of not less than $1,000: Provided, That 
any such association now in existence may, upon 
giving thirty days' notice to the ComptroUex of 
the Currency by resolution of its board of direct- 
ors, deposit legal-tender notes with the Treasurer 
of the United States to the amount of its out- 
standing circulation, and take up the bonds 
pledged for its redemption : And provided fur- 
ther. That not more than one-third of the bonds 
deposited by any bank as such security shall be 
of either of the classes of bonds hereby author- 
ized on which the maximum rate of interest is 
fixed at four and one-half or five per centum per 
annum. 

Sec. 9. That the amount of circulating notes 
which any bank may receive from the Comptrol- 
ler of the Currency, under the provisions of sec- 
tion 21 of said act, may equal but not exceed 
eighty per centum of the par value of the bonds 
deposited, but shall not exceed in the aggregate 
the amount to which such bank may be entitled 
under said section. 

Sec. 10. That any banking association organ- 
ized or to be organized under the national cur- 
rency act and the acts amendatory thereof, may, 
upon depositing with the Treasurer United States 
notes to an. amount not less than $100,000, re- 
ceive an equal amount of registered bonds of the 
United States, of the kind and description pro- 
vided for by section 3 of this act, and may de- 
posit the same as the security for circulating 
notes, and thereupon such banking association 
shall be entitled to and shall receive circulating 
notes upon terms and conditions and to the ex- 
tent provided in the said national currency acts,, 
and without respect to the limitation of the ag- 
gregate circulation of national currency pre- 
scribed by said acts : Provided, however. That as 
circulating notes are issued under this section an 
equal amount of United States notes shall be 
canceled and destroyed. 

March 8— Mr. Davis moved that the bill be 
recommitted to the Committee on Finance, with, 
instructions to report a bill embodying the fol- 
lowing provisions: 

First, The reduction of the amount of each 
outstanding bond of the United States by the 
difference between the nominal amount thereof 
and its gold value, or the gold value of the bond 
of which it is the immediate or remote substitute, 
at the time of the sale thereof by the Govern- 
ment. 

Second, By the amount of usury paid by the 
United States on said bond of any bond or bonds 
of which it is the immediate or remote substitute. 

Third, To reduce the rate of interest upon all 
outst-anding bonds to five per centum per annum. 

Fourth, To tax all dividends received on 
United States bonds as so much income. 

Fifth, To reduce the appropriations for the 
army to the reasonable cost of twenty thousand 
men, rank and file. 



600 



POLITICAL MANUAL. 



Sixth, To reduce the aggregate appropriation 
for the navy to $20,000,000. 

Seventh, To reduce the aggregate appropria- 
tion for the civil and diplomatic service of the 
Government ten per centum. 

Eighth, To reduce the aggregate amount of 
internal taxes and duties on imports each thirty- 
three and one-third per centum. 

Which was disagreed to without a division. 

March 9 — Mr. Morrill, of Vermont, moved 
to amend the 2d section by striking out the words 
"four-and-a-half" andinserting the word " five." 

Which was disagreed to — yeas 8, nays 40, as 
follow : 

Yeas— Messrs. Bayard, Brownlow, Buckingham, Cas- 
serh/, Ferry, Johnston, Morrill of Vermont, Stockton — 8. 

Nays — Messrs. Boreman, Cameron, Chandler, Cole, 
Conkling, Corbett, Davis, Drake, Fenton, Fowler, Gil- 
bert, Hamlin, Harris, Howard, Howe, Howell, KeV 
logg, McOrcerr/, McDonald, Norton, Osborn, Ponieroy, 
Pool. Pratt. Ramsey, Revels, Rice, Ross, Scliurz, Scott, 
Sherman, Sumner.Thayer, Tipton, Trumbull, Vickers, 
Warner, Willey, VVilliarhs, Wilson — 10. 

Mr. Sherman moved to amend the 5th section 
by striking out, in line 2, the word "may," and 
inserting "shall;" and in line 3 by striking out 
the word "or," and in lieu thereof inserting, "but 
the Secretary of the Treasury may, at his dis- 
cretion, make the coupons of any portion of the 
bonds provided for by the 3d section of this act 
payable" — 

Which was agreed to — yeas 30, nays 10, as 
follow: 

Yeas — Me.«srs. Abbott, Anthony, Bayard, Casserly, 
Chandler, Cole, Fenton, Gilbert, Hamlin, Harlan, 
Howe, Howell, Johnston, Morrill of Maine, Morrill of 
Vermont. Morten, Pratt, Ramsey, Revels, Rice, Ross, 
Schnrz, Sherman, Sumner, Tipton, Trumbull, Vickers, 
Warner, Williams, Wilson — 30. 

Navs — Messrs. Buckingham, Cameron, Corbett, Da- 
vis. Fowler, Harris, Howard, Osborn, Sprague, Stock- 
ton— 10. 

Mr. Corbett moved to strike out the 5th sec- 
tion, which was agreed to — yeas 29, nays 11, as 
follow : 

Y'eas — Messrs. Bayard, Buckingham, Cameron, Cas- 
serly, Chandler, Cole, Conkling, Corbett, Fenton, Gil- 
bert, Hamlin, Harlan, Harris, Howard, Howe, Howell, 
Johnston Morrill of Maine, Osborn, Pratt, Ramsey, Ross, 
Schurz, Sprague, Stockton, Sumner, Thurman, Trum- 
bull, Wilson— 29. 

Nays — Messrs. Abbott, Anthony, Edmunds, Morrill 
of Vermont. Morton, Rice, Sherman, Tipton, Vickers, 
Warner, Williams — 11. 

Mr. Howard moved to amend the 8th section 
by inserting in the 14th line the following: 

And any such banking association may, on 
such terms as may be prescribed by the Secretary 
of tlie Treasury and at the market price current 
in the city of New York, exchange its bonds now 
deposited as security under said act for bonds 
issued under this act, for the purpose aforesaid. 

Which was disagreed to. 

Mr. Buckingham moved to amend the 8th 
Bection, by striking out all after the words 
" eighteen hundred and sixty-four," which was 
disagreed to — yeas 15, nays 28, as follow: 

Yeas — Messrs. Huckinghnm. Conkling, Corbett, Ed- 
munds, Ferry, Gilbert, Hamlin, Howard, Howe, Mc- 
Donald, Morrill of Maine, Morrill of Vermont, Pome- 
roy. Revels, Scott — 16. 

Nay.« — Messrs. Abbott, Dayard, Boreman, Casserly, 
Chandler, Cole, Drake, Hailan, Howell, Johnston, Kel- 
logg, McCreeiy, Osborn, Pratt. Ramsey, Rice, Ross, Saw- 
yer, .Sherman, Spencer, Stewart, Stockton, Sumner, 
Thurman, Trumbull, Warner, Willey, Williams, Wil- 
son— 28. 



Mr. Hamlin moved to amend the 8th section 
by inserting in line 13, after the word "thereof," 
the words, " the bonds of which are then redeem- 
able by their terms, and as they shall thereafter 
become redeemable;" which was disagreed to — 
yeas 16, nays 28, as follow: 

Y'eas— -Messrs. Boreman, Buckingham, Conkling, 
Corbett, Edmunds, Ferry, Gilbert, Hamlin, Howard, 
Howe, McDonald, Morrill of Maine, Morrill of Vermont, 
Pomeroy, Revels, Scott — 16. 

Nays— Messrs. Abbott, Bayard, Casserly, Chandler, 
Cole, Dr^ke, Harlan, HoweH, Johnston, Kellogg, Me- 
Crcery, Osborn, Pratt, Rice, Ross, Sawyer, Schurz, 
Sherman, Spencer, Stewart, Stockton, Sumner, Thur-. 
man, Trumbull, Warner, Willey, Williams, Wilson — 28. 

March 11 — Mr. Wilson moved to amend by 
striking out sections 1, 2, and 3, and inserting 
in lieu thereof the following: 

That, for the purpose of reducing the interest 
on the five-twenty six per centum bonds of the 
United States, the Secretary of the Treasury be, 
and he is hereby, authorized to issue, on the 
credit of the United States, coupon or registered 
bonds of such denominations, not less than $50, 
as he may think proper, not exceeding in amount 
the five-twenty six per centum bonds of the 
United States, redeemable in coin at the pleasure 
of the Government, at any time after ten years, 
and payable at forty years from date, and bear- 
ing interest at the rate of five per centum per 
annum, or at any time after twenty years, and 
payable at forty years from date, and bearing 
interest at the rate of four and one-half per 
centum per annum, or payable at fifty years 
from date, and bearing interest at the rate of four 
per centum per annum, payable semi-annually 
in coin ; and the bonds thus authorized may be 
exchanged for any of the outstanding five-twenty 
six per centum bonds of an equal aggregate par 
value, heretofore issued and known as the five- 
twenty bonds, and for no other purpose ; or they 
may be disposed of at the discretion of the Sec- 
retary, under such regulations as he shall pre- 
scribe, either in the United States or elsewhere, 
at not less than their par value for coin ; and 
the proceeds of so much thereof as may be dis- 
posed of for coin shall be placed in the Treasurj'-, 
to be used for the redemption of such six per 
centum bonds at par as may not be offered in 
exchange, or to replace such amount of coin as 
may have been used for that purpose. 

Which was disagreed to. 

Mr. Sherman moved to amend by striking out 
in section 2, line 7, "thirty," and inserting 
"forty," which was disagreed to. 

Mr. Morton moved to amend the 2d section by 
striking out in line 12 the words, "or, at the dis- 
cretion of the Secretary, for United States notes," 
and by inserting in line 13, before the word "ob- 
ligations," the words "interest-bearing," which 
was disagreed to — yeas 18, nays 32, as follow: 

Yeas- Messrs. Boreman, Brownlow, Cole, Fowler, 
Howe, Howoll. Kellogg, McCrccry, McDonnld, Morton, 
Pomeroy, Pool, Pratt, Ramsey, Revels, Sprague, Thur- 
man, Tipton — 18. 

Nays — Messrs. Anthony, i?avarfZ. Buckingham, Cam- 
eron, Casserly, Clumdler, Cuiikling. Curbott, Drake, 
Fenton, Ferry, Gilbert. Hamlin, Harlan, Harris, How- 
ard, Jcy/msto!. Morrill of Vermont, Osborn, Rice, Sawyer, 
Schurz, Scott, Sherman, Stewart, Stockton, Sumner, 
Trumbull, Warner, Willey, Williams, Wilson— 32. 

Mr. Buckingham moved to strike out the 8th 
section, which was disagreed to — yeas 16, nays 
32, as follow : 



THE FUNDING ACT. 



601 



Yeas — Messrs. Anthony, Brownlow, Buckingham, 
Cameron, Conkling, Corbett, Ferry, Hamlin, Howard, 
Howe, McDonald, Morrill of Vermont, Pomeroy, Ram- 
sey, Scott, Wilson — IG. 

Nats— Messrs. Bayard, Boreman, Casserlt/, Chandler, 
Cole, Drake, Fowler, Gilbert, Harlan, Harris, Howell, 
Johnston, Kellogg, McCreery, Osborn, Pool, Pratt, Revels, 
Rice, Ross, Schiirz, Sherman, Stewart, Stockton, Sum- 
ner, Thayer, Thurman, tipion, Trumbull, Warner,Wil- 
ley, Williams— 32. 

Mr. Howe moved to amend the 10th section by 
inserting in line 6, after the word "States," "one- 
third of which shall be," and in line 7 striking 
out the words "section 3" and inserting "each 
of the first three sections," which was disagreed 
to — yeas 16, nays 25, as follow: 

Yeas — IMessrs. Buckingham, Cameron, Corbett, Gil- 
bert, Hamlin, Harlan, Howe, Howell, Morrill of Ver- 
mont, Pomeroy, Ramsey, Revels, Schurz, Seott, 
Sprague. Trumbull— IG. 

Nays — Messrs. Bayard, Casserly, Chandler, Cole, 
Drake, Ferry, Fowler, Harris, Howard, Johnston, Mc- 
Creery, Morton, Osborn, Pratt, Rice, Ross, Slierman, 
Stewart, Slockton, Sumner, Thurman, Warner, Willey, 
Williams, Wilson — 25. 

Mr. Boreman moved to amend by striking out 
in line 2, section 4, the words: "And the an- 
nual interest thereon." 

Which was disagreed to — yeas 14, nays 29, as 
follow : 

Yeas — Messrs. Bayard, Boreman, Casserly, Cole, Har- 
lan, Johnston, McCreery, Pomeroy, Pratt, Sprague, Stock- 
ton, Thurman, Willey, Wilson — 14. 

Nays— Messrs. Buckingham, Cameron, Chandler, 
Corbett, Drake, Fenton, Ferry, Fowler, Gilbert, Harris, 
Howard, Howell, Kellogg, McDonald, Morrill of Ver- 
mont, Osborn, Ramsey, Revels, Ross, Sawyer, Schurz, 
Seott, Sherman, Stewart, Sumner, Tipton, Trumbull, 
Warner, Williams— 29. 

Mr. Bayard moved to strike out the 4th sec- 
tion, which was disagreed to — yeas 7, nays 38, 
as follow: 

Yeas — Messrs. Bayard, Boreman, Casserly, Johnston, 
McCreery, Stockton, Thurman — 7. 

N.\Ys— Messrs. Buckingham, Cameron, Chandler, 
Cole, Corbett. Drake, Fenton, Ferry, Fowler, GHbert, 
Hamlin, Harlan, Harris, Howard, Howell, Kellogg, 
McDonald, Morrill of Vermont, Morton, Osborn, Pome- 
roy, Pratt, Ramsey, Revels. Rice, Ross, Sawyer, Schurz, 
Scott, Sherman, Stewart, Sumner, Tipton, Trumbull, 
Warner, Willey, Williams, Wilson— 38. 

Mr. Cameron moved to amend by inserting at 
the end of the bill the following : 

Sec. — . That it shall be the duty of the Secre- 
tary of the Treasury, on the 1st day of July, 
1870, to redeem and fund in bonds hereby author- 
ized all the fractional currency of the United 
States that may be offered for redemption at the 
Treasury or any of its branches, which he shall 
at once cause to be canceled ; and it shall not be 
lawful for him after that date to issue any such 
paper fractional currency, but he shall make all 
payments of fractions of the dollar in the legal 
coin of the United States. 

Which was disagreed to — yeas 18, nays 26, as 
follow : 

Yeas— Messrs. Bayard, Buckingham, Cameron, Cas- 
serly, Corbett, Hamlin, Harlan, Howard, Johnston, Kel- 
logg, Morrill of Vermont, Pomeroy, Seott, Slockton, 
Sumner, r/mrman, Trumbull, Wilson — 18. 

Nays — Messrs. Boreman, Chandler, Cole, Drake, Fen- 
ton, Ferry, Fowler, Gilbert, Harris, Howell, McCreery, 
McDonald, Morton, Osborn, Pratt, Ramsey, Revels, 
Ross, Sawyer, Schurz, Sherman, Stewart, Tipton, War- 
ner, Willey, Williams— 26. 

Mr. Wilson moved to amend by inserting in 
line 8, section 6, after the word "exceeding," the 
words "one-half of ;" which was agreed to — yeas 
23, nays 20. as follow: 



Yeas — Messrs. Boreman, Buckingham, Casserly, Co\e, 
Corbett, Ferry, Fowler, Harlan, Harris, Howell, Johns- 
ton, McCreery, McDonald, Pratt, Ross, Sawyer, Schurz, 
Scott, Sprague, Sumner, Thayer, Tipton, Wilson— 23. 

Nays— Messrs. Chandler, Conkling, Drake, Edmunds, 
Fenton, Gilbert, Hamlin, Howard, Kelloirg, Morrill of 
Vermont, Osborn, Pomeroy, Ramsey, Revels, Rice, 
Sherman, Stewart, Warner, Willey, Williams— 20. 

Mr. Stewart moved to amend the 9th section 
by striking out the word "eighty" and inserting 
the word "ninety;" which was disagreed to — 
yeas 12, nays 30, as follow: 

Yeas— Messrs. Boreman, Cole, Fenton, Fowler, Mor- 
ton, Pomeroy, Ramsey, Ross, Seott, Sprague, Stewart, 
Warner — 12. 

Nats — Messrs. Buckingham, Casserly, Chandler, 
Conkling, Corbett, Drake, Edmunds, Ferry, Hamlin, 
Harlan, Harris, Howard, Howell, Johnston, Kellogg, 
McCreery, McDonald, Morrill of Vermont, Osborn, Pratt, 
Revels, Rice, Sawj-er, Schurz, Sherman, Sumner, Thay- 
er, Tipton, Willey, Williams— 30. 

Mr. Morton moved to strike out the 10th sec- 
tion; which was disagreed to — yeas 12, nays 29, 
as follow : 

Yeas — Messrs. Boreman, Cole, Fowler, Howell, Johns- 
ton, McCreery, Morton, Ramsey, Revels, Rice, Ross, 
Sprague — 12. 

Nays — Messrs. Buckingham, Chandler, Conkling, 
Corbett, Drake, Edmunds. Fenton, Ferry, Hamiin, 
Harlan. Harris, Kellogg, McDonald, Morrill of Ver- 
mont, Osborn, Pomeroy, Sawyer, Sahurz, Scott, Sher- 
man, Spencer, Stewart, Sumner, Thayer, Tipton, War- 
ner, Willey, Williams, Wilson— 29. 

The bill then passed — yeas 32, nays 10, as fol- 
low: 

Yeas— Messrs. Chandler, Cole, Conkling, Edmunds, 
Fenton, Ferry, Fowler, Gilbert, Harlan, Harris, How- 
ard, Howell, Kellogg, Morrill of Vermont, Morton, 
Osborn, Pomeroy, Pratt, Ramsey, Revels, Rice, Sawyer, 
Schurz, Scott, Sherman, Stewart, Sumner, Thayer, 
Tipton, Warner, Williams, Wilson— 32. 

Nays— Messrs. Bayard, Boreman, Buckingham, Cas- 
serly, Corbett, McCreery, McDonald, Sprague, Stockton, 
Thurman — 10. 

In House of Representatives. 

1870, June 6 — Mr. Schenck, from the Com- 
mittee of Ways and Means, reported the follow- 
ing as a substitute for the Senate bill : 

That the Secretary of the Treasury is hereby 
authorized to issue, in a sum or sums not exceed- 
ing in the aggregate $1,000,000,000, coupon or 
registered bonds of the United States, in such 
form as he may prescribe, and of denominations 
of $50 or some multiple of that sum, redeemable 
in coin of the present standard value at the pleas- 
ure of the United States after thirty years from 
the date of their issue, and bearing interest pay- 
able semi-annually in such coin at the rate of 
four per centum per annum, which said bonds 
and the interest thereon shall be exempt from 
the payment of all taxes or duties of the United 
States as well as from taxation in any form by 
or under State, municipal, or local authority; 
and the said bonds shall have set forth and ex- 
pressed upon their face the above specified con- 
ditions, and shall, with their coupons, be made 
payable at the Treasury of the United States. . 
But nothing in this act, or in any other law now 
in force, shall be construed to authorize any in- 
crease whatever of the bonded debt of the United 
States. 

Sec. 2. That the Secretary of the Treasury is 
hereby authorized to sell and dispose of any of 
the bonds issued under this act at not less than 
their par value for coin, and to apply the pro- 
ceeds thereof to the redemption of any of the 
bonds of the United States outstanding and 



602 



POLITICAL MANUAL. 



known as fivo-twentv bonds at their par yalue, 
or he may exchange the same for such five-twenty 
bonds, par for par ; but the bonds hereby author- 
ized shall be used for no other purpose whatso- 
ever 

Sec. 3. That the paj'ment of any of the bonds 
hereby authorized after the expiration of the said 
term of thirty years shall be made in amounts 
to be determined from time to time by the Secre- 
tary of the Treasury at liis discretion, and by 
classes to be distinguished and described by the 
dates and numbers, beginning for each successive 
payment with the bonds last dated and numbered, 
of the time of which intended payment or redemp- 
tion the Secretary of the Treasury shall give 
public notice, and the interest on the particular 
bonds so selected at any time to be paid shall 
cease at the expiration of three months from the 
date of such notice. 

Sec. 4. That the Secretary of the Treasury is 
hereby authorized and instructed, with any coin 
in the Treasury of the United States which in 
his opinion and discretion can be conveniently 
applied to that purpose, to pay at par and can- 
cel any six per cent, bonds of the United States 
of the kind known as five-twenty bonds which 
have become or shall hereafter become redeem- 
able by the terms of their issue. But the parti- 
cular bonds so to be paid and canceled shall in all 
cases be indicated and specified by class, date, and 
number, in the order of tiieir numbers and issue, 
beginning with the first numbered and issued, in 
public notice to be given by the Secretary of the 
Treasury, and in three months after the date of 
such ]iublic notice the interest on the. bonds so 
selected and advertised to be paid shall cease. 
But it shall be competent for the holders and 
owners of any said bonds so specified for pay- 
ment to exchange the same for bonds issued under 
the authority of this act at any time before the 
end of the notice provided for in the 2d section 
of this act. 

Sec. 5. That the Secretary of the Treasury is 
hereby authorized to receive gold coin of the 
United States or bullion on deposit for not less 
than thirty days, in sums of not less than ^100, 
with the Treasurer or any assistant treasurer of 
the United States authorized by the Secretary of 
the Treasury to receive the same, who shall issue 
therefor certificates of deposit made in such form 
as the Secretary of the Treasury shall prescribe, 
and said certificates of deposit shall bear interest 
at a rate not exceeding three per centum per an- 
num; and any amount of gold coin or bullion so 
deposited maybe withdrawn from deposit at any 
time after thirty days from the dale of deposit, 
and after ten days' notice and on the return of 
said certificates : Provided, That the interest on 
all such deposits shall cease and determine at the 
pleasure of the Secretary of the Treasury. And 
not less than twenty-five per centum of the coin 
and bullion deposited for or represented by said 
certificates of deposits shall be retained in the 
Treasury for the payment of said certificates ; and 
the excess beyond twenty-five per centum may be 
applied, at the discretion of the Secretary of the 
Treasury, to the payment or redemption of such 
outstanding bonds "of the United States, hereto- 
fore i.~suod and known as the five-twenty bonds, 
as he may designate under the provisions of the 



4th section of tnis act ; and any certificates of 
deposit issued as aforesaid may be received at 
par, with the interest accrued thereon, in pay- 
ment for any bonds authorized to be issued by 
this act. 

Sec. 6. That the United States bonds pui chased 
and now held in the Treasury, in accordance with 
the provisions, relating to a sinking fund, of sec- 
tion 5 of the act entitled "An act to authorize 
the issue of United States notes and for the re- 
demption or funding thereof and for funding the 
floating debt of the United States," approved 
February 25, 1862, and all other United States 
bonds which have been purchased by the Secre- 
tary of the Treasury with surplus funds in the 
Treasury and now held in the Treasury of the 
United States, shall be canceled and destroj'ed, 
a detailed record of such bonds so canceled and 
destroyed to be first made in the books of the 
Treasury Department. Any bonds hereafter ap- 
plied to said sinking fund, and all other United 
States bonds redeemed or paid hereafter by the 
United States, shall also in like manner be can- 
celed and destroyed; and the amount of the 
bonds of each class that have been canceled and 
destroyed shall be deducted respectively from the 
amount of each class of the outstanding debt of 
the United States. In addition to other amounts 
that may be applied to the redemption or pay- 
ment of the public debt, an amount equal to the 
interest on all bonds belonging to the aforesaid 
sinking fund shall be applied, as the Secretary 
of the Treasury shall from time to time direct, to 
the payment of the public debt, as provided for 
in section 5 of the act aforesaid. 

June 30 — Mr. Blair moved to insert in tlie 1st 
section, before the last sentence, as follows: 

And the amount of interest specified in each 
coupon shall be expressed in dollars, and the 
equivalent thereof in English sterling currency 
and in francs. 

Which was disagreed to. 

Mr. Mayham moved to strike out of the 1st 
section the words "of the United States, as well 
as from taxation;" so that portion of the section 
would read as follows : 

Which said bonds and the interest thereon 
shall be exempt from the payment of all taxes or 
duties, in any form, by or under State, municipal, 
or local authority, &c. 

Which was disagreed to — yeas 25, naj's 97, on 
a division. 

Mr. IngersoU moved to amend the 1st section 
by striking out the words " in coin of the present 
standard of value," and the words "such coin," 
and inserting in lieu the words "lawful money 
of the United States;" which was disagreed to. 

Mr. Marshall moved to amend the clause fix- 
ing the time these bonds shall run, by making it 
" twent}' " instead of " thirty " years ; which was 
disagreed to — yeas 22, nays 85, on a division. 

Mr. Coburn moved to make the time fifty 
years ; which was disagreed to. 

Mr. Hoi man moved to add to the 1st section 
the following: 

Provided, That no agent or agents shall be em- 
ployed in the United States or elsewhere for the 
sale or exchange of such bonds. 

Which was disagreed to — yeas 36, nays 87, on 
a division. 



THE FUNDING ACT. 



603 



Mr. Wood moved to amend the 2d section by- 
adding to it as follows : 

But nothing in this act shall authorize the 
Secretary of the Treasury to allow or pay any 
commission or percentage for the sale of the 
bonds so issued, or any part thereof. 

Mr. IngersoU moved to amend this amendment 
by inserting before the words "sale of the bonds" 
the words "transfer, exchange, or" which Mr. 
Wood accepted. Mr. Wood's amendment was 
then disagreed to — yeas 57, nays 102, as follow: 

Yeas— Messrs. Ambler, Barnum, Bed; Biggs, Bird, 
James Brools, Burehard, Calkin. C leveland, Ama.sa. Cobb, 
Cox, Crehs, Degener. Eidridge, Farnsvvorth, Ferriss, Getz, 
Griswold, Haniill, Uawkins, Hay, Hulman, Inger.soll, 
Thomas L. Jones, Kelley, Kerr, Knott, Leuns, Logan, Mai/- 
ham, McCormick, McGrew, Niblack, Packer, Randall, 
Reeves. Mice, Rngfrs, Shanks, Sherrod, Shober, Slociim, 
Joseph S. Smith, William J Smith, Stiles, Sweeney, Taffe, 
Trimble, Van Trump, Van 'Wyck, Veorhees, Ward, Wells, 
Williams, Winchester. Wood, Woodward— bT. 

Nats — Messrs. Allison, Ames, Armstrong, Arnell, As- 
per, Atwood, Ayer, Bailey, Banks, Bealty, Benjamin, 
Benton, Bingham, Blair, Boles, Bovker, Boyd, Buck, 
Buckley, Buttinton, Benjamin F. Butler, Roderick R. 
Butler. Cessna, Churchill, Sidney Clarke, Clinton L. 
Cobb, Coliurn, Conger, Covode, CuUorn, Davis, Dawes, 
Dockery, Donley, Ela, Finkelnburg, Fisher, Fitch, 
Hale, Htill, Hoar, Hooper, Jenckes, Judd. Julian, Kel- 
logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, 
Loughridge, Marshall. McCarthy, ilcKenzie, Mercur, 
Eliakim H. IVloore, Jesse H. Moore. William Moore, 
Daniel J. Blorrell, Myers, Negley, O'Neill, Orth, Paine, 
Peck, Peters, Phelps, Poland, Porter, Prosser, Eoots, 
Sargent, Sawyer, Schenck, Scofield, Lionel A. Sheldon, 
John A. Smith, Worthington C. Smith, William Smyth, 
Starkweather, Stevens, Stokes, Stoughton, Strickland, 
Strong, Tanner, Taylor, Tillman, Townsend, Twiehell, 
Tyner, Upson, Van Horn, Wallace, Welker, Wheeler, 
Whitmore, Wilkinson, Willard, John T. Wilson— 102. 

July 1 — Mr. Schenck, from the Committee of 
Ways and Means, moved to amend the 4th sec- 
tion by striking out the words "in the order of 
their numbers and issue, beginning with the first 
numbered and issued." 

Which was agreed to. 

Mr. Holman moved to amend the 4th section 
by striking out the words "coin in the Treasury 
of the United States," and inserting in lieu thereof 
the words "United States notes in the Treasury 
of the United States arising from tie sale of bonds 
authorized to be issued by this act, or other such 
notes in the Treasury." 

Which was disagreed to — yeas 41, nays 127, as 
follow ; 

Yeas — Messrs. Adams, Beatty, Bird, Burr, Cleveland, 
Coburn. Crebs, Dickinson, Dockery, Dox. Eidridge, Getz, 
Griswold, Hamill, Holman, Thomas L. Jone-s, Kerr, Knott, 
Lewis, Marshall, Mayham, McCormick, McNeely, Morgan, 
Mungcn, Niblack, Orth, Reeves, Rice, Rogers, Shober, 
Joseph S. Smith, Stiles, Sweeneg, Trimble, Tyner, Van 
Trump, Voorhees, Wells, Winchester, Woodward — il. 

Nats — Messrs. Allison, Ambler, Ames, Archer, Arm- 
strong. Arnell, Asper, Atwood. AxtM, Ayer, Bailey, 
Barnum. Benjamin, Bennett, Benton. Bingham, Blair, 
Boles, Booker, Boyd, George M. Brooks, James Brooks, 
Buck, Buckley, ButHnton, Burehard, Burdett, Cessna, 
Churchill. William. T. Clark. Amasa Cobb, Conger, Cul- 
lom, Davis, Dawes, Degener. Dickey. Donley, Dyer, 
Ferriss, Ferry. Finljelnburg, Fisher, Fitch, Hale, Har- 
ris, Hnwley, Haj', Hays, Hetlin, Hill, Hoar, Hooper, 
Jenckes, Alexander H. Jones. Judd, Julian, Kelley, 
Kellogg, Kelsey, Ketcham, Knapp, Ijaflin, Lash, Law- 
rence, Logan, Lougliridge, Maynard, McCaith}', McCra- 
ry,MeGrew,iVcA'e?i3!«, Mercur, Eliakim H. Moore, Jesse 
H. Moore, William Moore. Morphis, Daniel J. Morrell, 
Myers, O'Neill, Packard, Packer, Paine, Palmer, Peck, 
Peters, Poland, Pomeroy, Porter, Prosser, Randall, 
Eoots, Sanford, Sargent, Sawyer. Schenck, Scotield, 
Lionel A. Sheldon, 57ofi;TO, John .\. Smith, William J. 
Smith, Worthington C.Smith, William Smyth, Stevens, 
Stevenson. Stokes, Stone, Stoughton, Strickland, 
Swann, Taffe, Tanner, Taylor, Tillman, Townsend, 
Twiehell, Upson, Van Horn, Van Wyck, Wallace, Wel- 



ker, Wheeler, Whitmore, Wilkinson, Willard, Williams, 
Winans— 127. 

Mr. Judd moved to strike out from the 4tli 
section the following words: " which in his opin- 
ion and discretion can be conveniently applied 
to that purpose," and insert the following words : 
"which may be derived from the sale of any of 
the bonds the issue of which is provided for in 
this act." 

Mr. Schenck moved to amend this amendment 
by adding the words "or which he may law- 
fully apply to such purpose," which was agreed 
to. Mr. Judd's amendment was then agreed to. 

Mr. B. F. Butler moved to amend the 4th sec- 
tion by adding to it the following ; 

But none of said interest-bearing obligations 
not already due shall be redeemed or paid before 
maturity, unless at such time United States notes 
shall be convertible into coin at the option of 
the liolder, or unless at such time bonds of the 
United States bearing a lower rate of interest 
than the bonds to be redeemed can be sold at par 
in coin. And the United States also solemnly 
pledges its faith to make provision at the earliest 
practicable period for the redemption of the 
United States notes in coin. 

Which was disagreed to — yeas 54, nays 98, as 
follow : 

Yeas— Messrs. Allison, Ambler, Armstrong, Bennett, 
Boles, George M. Brooks, Burehard, Benjamin F. But- 
ler, Cessna, Amasa Cobb, Coburn, CuUom, Dickey, Dick- 
inson, Dockery, Dox, Dyer, Ferry, Finkelnburg, Fitch, 
Griswold, Hale, Hawkins, Hawley, Hay, Hetiih, Hoar, 
Judd. Kelsey, Loughridge, McCormick, IMcCrary. Mer- 
cur, Jesse H. Moore, Orth, Packard, Packer, Paine, Po- 
land, Pomeroy, Roqers, Shanks, Lionel A. Sheldon, S/io- 
her, John A. Smith, AVorthi-ngton C. Smith, William 
Smyth, Stevenson, Stokes, Tyner, Wallace, Williams, 
John T. Wilson, iVoodward — .54. 

Nats — Messrs. Adams, Ames. Archer, Asper, Axtell, 
Ayer. Bailey, Beaman. Benjamin, Benton, Bingham, 
Bird, Blair, Booker, Boyd, Jantcs Brooks, Buck, Buckley, 
Buffinton, Burdett, Burr, Roderick H. Butler. Calkin, 
William T. Clark, Clinton L. Cobb, Conger, Cook. Cox, 
Crehs, Davis, Donley, Ferriss, Fisher, Getz, Hamill, 
Harris, Hill, Holman, Hooper, IngersoU, Jenckes, 
Thomas L. Jones, Julian, Kelley, Ketcham, Knapp, 
Knott, Laflin, Lash, Lawrence, Maynard, McCarthy, 
JIcGrew, McKcnzie, William Moore, Daniel J. Morrell, 
Morrissey, Mungcn, Myers, Negley, Niblack, O'Neill, 
Peck, Peters, Phelps, Prosser, Randall, Reeves. Rice, 
Sanford, Sawyer, Schenck, Schumaker, Scofield, Slocum, 
Joseph S. Smith, William J. Smith, Stevens, Stiles. Stone, 
Stoughton, Strickland, Sioann. Swcencjt, Taffe, Tanner, 
Taylor, Tillman. Townsend, Trimble. Twiehell, Upson, 
Welker, Wheeler, Whitmore, Willard, Winans, Win- 
chestei — 98. 

Mr. Gri.swold moved to strike out the 4th sec- 
tion; which was disagreed to. 

Mr. Mungen moved to add to the 4th section 
the following: Provided further , That nothing in 
this act contained shall be construed to operate in 
conflict with the act of February 25, 1862, authoriz- 
ing the issue of United States notes, bonds, &c. 
Which was disagreed to. 
Mr. Davis moved to amend the 5th section by 
inserting after the word "bullion," the words 
"assayed and stamped under the laws of the 
United States," which was agreed to. Mr. Davis 
also moved to reduce the interest on gold depos- 
its from three per cent, to two per cent. ; which 
was disagreed to. 

Mr. Townsend moved to add to the 5th section 
the following : Provided, That if on a demand for 
payment of any of said certificates in coin there 
should not be sufiicient gold coin in the Treasury 
arising under this act, then it shall be lawful for 
the Secretary of the Treasury to appropriate any 



604 



POLITICAL MANUAL. 



other gold coin in the Treasury in payment of 
said certificates. 

Which was disagreed to. 

Mr. IngersoU moved to add the following: 

That from and after the passage of this act it 
shall not be lawful for the Secretary of the Trea- 
sury to sell any gold coin on account of the United 
States ; which was disagreed to. 

Mr. Maynard moved to amend section G by 
inserting after the word "Department" the words 
"and a statement of the sinking fund shall be 
kept, so as to show the principal of the fund, with 
the current interest, as it would be if the bonds 
composing the said fund were kept to represent it." 

Which was disagreed to. 

Mr. Davis moved to add at the end of the bill 
the following sections : 

Sec. 7. That the Secretary of the Treasury is 
hereby authorized and directed to issue registered 
bonds of the United States, in such form and of 
such denominations, of not less than fifty dollars 
and multiples thereof, as he shall think proper, 
payable in thirty years from date in gold, bear- 
ing interest at four per cent., payable semi- 
annually in gold, and free from all excise and 
taxation whatever, either on such bonds or the 
income derived therefrom, and redeemable in 
gold at the option of the United States after ten 
years, upon six months' public notice, which said 
bonds shall be known as the convertible bonds 
of the United States; and such bonds shall ex- 
press on their face that they are convertible at 
any time into legal-tender notes. 

Sec. 8. That whenever any person shall pay 
any legal-tender notes of the United States at 
the Treasury or at any assistant treasury of the 
United States, to the amount of fifty dollars or 
any multiple thereof, for that purpose he shall 
receive at par value an equal amount of such 
convertible bonds, and whoever shall present one 
or more of said convertible bands at the Treasury 
or at any assistant treasury of the United States, 
or at any public depository of the moneys of the 
United States which the Secretary of the Treas- 
ury shall have designated for that purpose, and 
demand i^demptiou thereof, at any time before 
the maturity thereof, he shall receive the face of 
his bond or bonds in legal-tender notes at par 
value, and the accrued interest remaining unpaid 
up to the date of such demand in gold ; and 
such bonds shall be immediately canceled and 
returned to the Treasurer of the United States 
as vouchers of the amount paid thereon. 

Sec. !). That the Secretary of tlie Treasury 
shall, as soon as practicable after receiving the 
same, use or invest at least eighty per cent., and 
as mijch more as he shall deem expedient, of all 
legal-tender notes received for such bonds, in 
buying up or redeeming the six per cent, gold 
intere.'it bonds of the United States. And he 
shall have authority to make such regulations 
as he shall deem needful to carry the provisions 
of this act into effect. 
Which was disagreed to. 

The substitute was then agreed to and the bill 
passed — yeas 129, nays 42, as follow: 

Ye.\8 — Messrs. Allison, .Ambler, Anips, Armstrong;, 
Arnell, Asper, Atwood, Artfll, .\yer, Builey. Jiarnum, 
Benjamin, Bennett, Benton, BinKliain, Blair, Boles, 
Bimker, Boyd, George M. Brooks, Buck, Buckley, But- 
flnton, Biirchard, Burdett, Roderiek R. Butler, Ces.sna, 
Churchill, William T. Clark, Sidney Clarke, Amasa 



Cobb, Clinton L. Cobb, Cobum, Cook. Conger. CuUom, 
Dawes, Degener, Dickey, Dockery, Donley, Ela, Fer- 
riss, Ferry, Finkelnburg. Fisher, Fitch, Hale, Harris, 
Hawley, Hay, Hill, Ho.ir, Hooper, Jcnekes, Alexander 
H. Jones, J udd, Julian, Kelley, Kellogg, Kolsey. Ketch- 
am, Knapp, Laflin, Lash, La\vrenc»% Logan" Lough- 
ridge, Maynard, McCarthy, McGrevv, McKenzie. Morcur, 
Eliakim 11. Moore, Jesse H, Moore, William Moore 
Morphis, Daniel J. Morrell, Myers, Negley. O'Neill, 
Orth, Packard, Packer, Paine, Palmer, Peck, Perce 
Peters, Phelps, Porter, Prosser, Roots, Sanlord, Sargent, 
Sawyer, Schenck, Schumi<kcr, Soofield. Shanks. Por- 
ter Sheldon, Slocum, John A. Smith, William J Smith, 
William Smyth. Starkweather, Stevens, Stmie, Stonsh- 
ton, Strickland, Strong. Taffe, Tanner, Taylor. Tillman, 
Townsend. Twichell, Tyner, Upson, Van Horn, Var 
Wyck; Wallace, CadwalailerC. ■Washburn, Welker,Tr.»«, 
Whitmore, Willard, Williams, John T. Wilson— 129. 

N.iTS — Messrs. Adamx, Archer. Beatty, Beck, Binl, Cal- 
kin, Cleveland, ('rehs, Davis, Dox, FAdridge, Oe.tz, Griaivold, 
U'lmiil, Hawkins, Ligcrsoll, .Tahnsnn, Thmnas L. Jones 
Kerr Knntt, Leiois. Marshall. Mayham, McNeely, iliirgan, 
Mungen, Nihlack, Randall, Reeres, Rice, Sherrod. Shoher 
Stevenson, Stiles, Sweeney, Trimble. Van Trump, Voorliees, 
Eugene M. Wilson, Wirichenter, Wood, Woodward— i2. 

The Senate refused to concur in the amend- 
ments of the House, and asked and obtained a 
conference. The committee was composed of 
Messrs. Sherman, Sumner, and Davis, on the 
part of the Senate, and Messrs. Schenck, Hooper, 
and Marshall, on the part of the House. 

July 12 — The committee reported a bill pre- 
cisely similar to that v/hich finally passed, with 
the addition of the following section : 

Sec. 7. That from and after the passage of this 
act the Treasurer of the United States shall re- 
ceive no other than registered bonds issued under 
the provisions of this act as security for the circu- 
lating notes of national banking associations is- 
sued under the act entitled "An act to provide a 
national currency secured by a pledge of United 
States bonds, and to provide for the circulation 
and redemption thereof," approved June 3, 1864:, 
or any act supplementary or amendatory thereof. 

Which report was rejected by the House — yeas 
88, nays 103, as follow; 

Yeas — Messrs. Ambler, Ames, Armstrong, Atwood, 
Ayer, Bailey, Banks. Bennett, Uenton, IJingliam, Boles, 
G. M. Brooks, Buffinton, Burdett, Roderick R. Butler, 
Cake. Cessna, Churchill, Conger, Covode, Cowles, 
Davis, Dawes, Dixon, Donley, Duval, Ela, Ferriss, 
Ferry, Finkelnburg, Fisher, Fitch, Gilfillan, Hoar, 
riooper, Jenckes, Julian, Kelley, Kellogg, Kelsey, 
Ketch.am, Knapp, Laflin, Lawrence, Lynch7 Maynard, 
McCarthy, McCrary, McGrew, Mereur, Eliakim H. 
Moore, William Moore, Myers, Negley, O'Neill, Orth, 
Packard, Peck, Peters, Phelps, Poland, Roots, San- 
ford, Sargent, Sawyer, Schenck, Seofield, Shanks, 
Porter Sheldon, John A. Smith. William J. Smith, Wil- 
liam Smyth, Starkweather,Stevens,Stokes, Stoughton, 
Strickland, Strong, Tanner, Taylor, Twichell, tlpson, 
Cadwalader C. Washluirn, William B. Washburn, Wel- 
ker, Wheeler, Willard, Williams— 88. 

Nats— Messrs. Adams, Allison, Archer, Asper, Axtell, 
Barnum, Barry, Beatt.y, Beck, Benjamin, Biggs, Bird, 
Blair, Booker, Bovd. .Tames Brooks. Buckley, Burehard, 
Burr, Calkin, WiUiam T. Clark, Sidney Clarke, Cleve- 
l^aiul. Amasa Col)l), CoV)urn, Conner, Cox, Crebs, Cullom, 
Darrall. Dickinson. Eldridgc. For, Garfield, Gctz, Oris- 
jcold, Haight, Haldeman. Hambleton, Hnmill, Harris, 
Hawkins, Hawley, Hay, Hays, lleflin, Hohnnn, Inger- 
soU,, /o/())*o>!. Thomas L. Jones, Judd, Kerr, Knott, Lash, 
Lewis, Loughridge, Marshall. Ma;iham, McCorniirk, Me- 
Kenzie, McNeehi, Jesse H. Moore, Morgan, Morphis, 
Daniel J. Morrell, Mungen. Niblack, Packer, Paine, 
Palmer, Piatt, Pomeroy, Poller, Randall, Reeves. Rice, 
Rogers, Schumaker. Lionel A. She\don, Sherrod, Slocum, 
Joseph S. Smith. Worthington C. Smith, Stiles, Stone, 
tiwitnn, Taft'e, Townsend, TVimble, T.vner, Van Auken, 
Van Horn. Van Trump, Van Wyck, Voorhees. Whitmore, 
Wilkinson, Eugene M. Wilson. John T. Wilson, Win- 
ehejiter, Witcher. Wood, Woodward — lO.'?. 

The same committee was appointed on the 
second conference, and the bill, as finally passed 
and printed above, was agreed to. 



rj:x. 



INTERNAL TAX AND TARIFF. 



In House of Repeesentatives. 

1870, May 27— Mr. Sclienck, from the Com- 
mittee of Ways and Means, reported " A bill to 
reduce internal taxes and for other purposes," 
which, he stated, reduced taxation about $34,- 
000,000. Among other things, it provided for 
an income tax of five per cent, on all incomes 
over $1,500. 

June 1 — Mr. Cox moved to reduce the tax 
from five to three per cent. 

Which was agreed to — yeas 114, nays 76, as 
follow : 

Yeas — Messrs. Allison, Ames, Archer, Armstrong, Ax- 
tell, Ayer, Banks, Barry, Beck, Bennett, Bigqs, Dingliam, 
Bird, Bowen, George M. Brooks, James Brooks, BufHn- 
ton, Burr, Sidney Clarke, Cleveland, Covode, Cowles, 
Davis, Dawes, Deweese, Degener, Dickinson, Donley, 
Dox, Duval, Eldridqe, Ferriss, Finkelnburg, Fisher, 
Fitch, Fox, Getz, GilfiUan, Qriswokl. Haight, Hamhleton, 
Hamill, Hamilton, Harris, Heflin, Hill, Hoar, Holman, 
Hooper, Hotchkiss, Jenckes, Johnson, Judd, Kelley, 
Kellogg, Kerr, Keteham, Knapp, Laflin, Lawrence, 
Lj'neh, Mayham, McCarthy, McGrew, McKemie, Mc- 
Neelij, Milne's, William Moore, Morgan, Daniel J. Morrell, 
Morrissei/, Myers, Negley, Newsham, Aiblack, O'Neill, 
Orth, Packer, Perce, Peters, Porter, Potter, Prossor, 
Randall. Reeves, Ridgwat/, Sargent, Sawyer, Scofield, Por- 
ter Sheldon, Slocuin, Joseph S. Smith, Worthington C. 
Smith, Starkweather, Stevenson, Siiles, Stone, Utrader, 
Strong, Swann, Sweeney, Tanner, Taylor, Townsend, 
Trimble, Twiehell, Upson, William B. Washburn, Wel- 
ker, Wells, Wheeler, John T. Wilson, Winans, Win- 
chester. Wood — 114. 

Nats — Messrs. Ambler, Arnell, Asper, Atwood, Bailey, 
Boaman, Beatty, Benjamin, Benton, Blair, Boles, 
Booker, Boyd, Burchard. Burdett, Benjamin F. Butler, 
Roderick R. Butler, William T. Clark, Amasa Cobb, Co- 
burn, Cook. Conger, Crebs, Cullom, Dockery, Ela, Farns- 
worth, Garfield, Gibson, Hale, Hawkins, Hay, Hays, 
Ingersoll, Alexander H. Jones, Kelsey, Lash, Lewis, 
Logan, Loughridge, Marshall, Maynard, McCormick, 
McCrary, Mercur, EHakim H. Moore, Jesse H. Moore, 
Morphis, Samuel P. Morrill, Packard, Paine, Peck, 
Phelps, Pomeroy, Rice, Roots, Schenck, Lionel A. 
Sheldon, Sherrod, John A. Smith, William J. Smith, 
William Smyth, Stokes, Stoughton, Strickland, Till- 
man, Tyner, VanAuken, Van Horn, Wallace, Ward, Wil- 
kinson, Willard, Williams, Eugene M. WiUon, Witeher— 
76. 

Mr. Hawley moved to amend by raising the 
amount exempted to $2,500. 

Which amount Mr. Hale moved to reduce to 
$2,000; which was agreed to. 

Mr. Hawley's amendment as amended was 
then agreed to — yeas 138, nays 52, as follow : 

Yeas — Llessrs. Allison, Archer, Armstrong, Atwood, 
Axtell, Ayer, Bailey, Banks, Barry, Beaman, Beck, Ben- 
nett, Biggs, Bird, Boles, Bowen, George M. Brooks, 
James Brooks, Buffinton, Burchard, Burr, William T. 
Clark, Sidney Clarke, Cleveland, Cook, Conger, Covode, 
Cowles, Cullom, Davis, Dawes, Dickinson. Dockery, Don- 
ley, Dox, Duval, Eldridge, Farnsworth, Ferriss, Fisher, 
Fitch, For, Getz, Gibson, GilfiUan, Griswnld, Haight, Hale, 
Hambleton, Hamill, Harris, Hawkins, Hawley, Hay, 
Hays, Heflin, Hill, Hoar, Holman, Hooper, Hotclikiss, 
Ingersoll, Jenckes, Johnson, Judd, Kelley, Kellogg, 
Kerr, Ketoham, Laflin, Logan, Lynch, Marshall, May- 
ham, McCarthy, McGrew, McKenzie, McNee.lij, Mercur, 
Milnes, Jesse H. Moore, William Moore, Morgan, Mor- 
n'sse)/, Myers, Newsham, iVibtac^-, O'Neill, Orth, Pack- 
ard, Packer, Peck, Perce, Peters, Phelps, Piatt, Pome- 
roy, Porter, Potter, Prosser, Randall, Reeves, Ridgway, 
Sargent, Sawyer, Scofield, Lionel A. Sheldon, Porter 
SheJdon, Sherrod, Sloeum, John A. Smith, Joseph S. 
Smith, W. C. Smith, Starkweather. Stevenson, Stiles, 



Stokes, Stone, Stoughton, Strader, Strickland, Strong, 
Swann, Sweeney, Tanner, Tillman, Townsend, Trimble, 
Twiehell, Upson, Van Auken, William B. Washburn, 
Wells, Wheeler, Winans, Winchester, Wood, Woodward — 
138. 

Nats — Messrs. Ambler, Ames, Arnell, Asper, Beatty, 
Benjamin, Benton, Bingham. Blair, Boyd, Burdett, 
Benjamin F. Butler, Roderick R. Butler, Amasa Cobb, 
Coburn, Crebs. Dyer, Ela, Finkelnburg. Garfield, Alex- 
ander H. Jones, Kelsey, Knapp, Knott, Lash, Lewis, 
Loughridge, Maynard, McCormick. McCrary, Eliakim 
H. Moore, Samuel P. Morrill, Paine, Rice, Roots, 
Schenck, Schumaker, William J. Smith, William Smyth, 
Taffe, Taylor. Tyner, Van Horn, Wallace, Ward, Wel- 
ker, Wilkinson, Willard, Williams, Eugene M. WiUon, 
John T. Wilson, Witeher— 51. 

Mr. Potter moved to amend by adding the fol- 
lowing proviso: 

Provided, That the tax imposed by this section 
shall not continue or be collected after the ex- 
piration of the year 1870. 

Which was disagreed to — yeas 72, nays 107, 
as follow : 

Yeas— Messrs. km&a. Archer Armstrong, Banks, Ben- 
nett, Biggs. Bird, Bowen, Buffinton, Burr, Benjamin F. 
Butler, Wcretond, Covode, Cowles, Crebs, Davis, Dickinson, 
Dox, Eldridge, Fisher, Fitch, Fox, Garfield, Getz, Gibson, 
Haight, Hamill, Hill, Hotchkiss, Johnson, Kelley, Kel- 
logg, Lattin, Lynch, Mayham, McCarthy, McKemie, 
McNeely, Milnes, William Moore, D.aniel J. Morrell, 
Morrissey, Myers, Negley, Newsham, Niblack, O'Neill, 
Packer, Paine, Phelps, Piatt, Potter, Randnll, Reeves, 
Sargent, Schumaker, Sloeum, Joseph S. Smith, Stark- 
weather, Stevenson, Stiles, Stone, Strader, Strong, 
Swann, Sweeney, Taylor, Trimble, Upson, Whitmore, 
Wood, Woodward — 72. 

Nats— Messrs. Allison, Ambler, Arnell, Asper, At- 
wood, Ayer, Bailey, Barry, Beaman, Beatty, Benjamin, 
Benton, Bingham, Blair, Boles, Booker, Boyd, George 
M. Brooks, Burchard. Burdett, Roderick R. Butler, 
Sidney Clarke, Amasa Cobb, Coburn, Cook, Conger, 
Cullom, Dixon, Dockery, Donley, Duval, Dyer, Ela, 
Farnsworth, Ferriss, Finkelnburg, GilfiUan, Hale, 
Hambleton, Hamilton, Harris, Hawkins, Hawley, Hay, 
Hays, Heflin, Hoar, Holman, Hooper, Ingersoll, Alex- 
ander H. Jones, Judd, Kelsey, Kerr, Knott, Lash, Law- 
rence, Lewis, Loughridge, Marshall, Maynard, McCor- 
mick, McCrary, McGrew, Mercur, Eliakim H. Moore, 
Jesse H. Moore, Morphis, Samuel P. Morrill, Orth, 
Packard, Peck, Perce, Peters, Rice, Ridgway, Roots, 
Sawyer, Schenck, Scofield, Lionel A. Sheldon, Sherrod, 
John A. Smith, William J. Smith, Worthington C. 
Smith, William Smyth, Stokes, Stoughton. Strickland, 
Taffe, Tanner, Townsend, Twiehell, Tyner, Van Auken, 
Van Horn, Wallace, Ward, William B. Washburn, 
Welker, Wheeler, Wilkinson, Williams, Eugene M. Wil- 
son, John T. Wilson, Winans, Witeher — 107. 

ilr. Woodward moved to strike out all of sec- 
tion 35, levying the income tax, and insert the 
following : 

That tliere shall be levied a tax at the rate of 
five per cent, per annum upon the interest of 
interest-bearing bonds issued or to be issued by 
the Government of the United States, to be de- 
ducted and retained from the payments of inter- 
est upon said bonds, under regulations to be 
prescribed by the Secretary of the Treasury. 

Which was disagreed to. 

Mr. Holman moved to add the following: 

And a tax of ten per centum per annum on the 
interest and income accruing from all bonds, 
notes, and other securities of the United States, 
the same to be deducted and withheld from such 

605 



coo 



POLITICAL MANUAL. 



interest at the time of the payment thereof by 
the Treasurer of the United States. 

Which was disagreed to — yeas 46, nays 135, 
as follow : 

Yeas— Messrs. Adams, Axfcll, Aver, Beck, Biggs. Bird, 
Booker, Burr, Cleveland, Crebs, I)ickit)soii, Do/. Fiinis- 
worth, Getz, OiAwn, llamhleton. HamiU, Ilcflin. Hohnan, 
Johnson, Kerr, Knott. Lewis, McCormiek, Mc'Xccl;/. Milncs, 
Morgan. Morris.'ie;/, Nibtack, Potter, lian'laU, Iiceees. Rice, 
Itidgwa;/ Slurroil, AYiVm, Stone. Strader, Sweeney. Trim blc. 
Van Auken. Eugene M. W'iUon, Winchester, Witcher, Wood, 
Woodward — lu. 

Navs — Messrs. Allison. Ambler, Ames, Armstrong, 
Arnell, Asper, .\t\vood, Bailey, Banks, Barry, Beaman, 
Beatty, Benjamin, Benton," Bingliam, Blair, Boyil, 
(leorge M. Brooks, James Brooks, Buffinton, Burchard, 
Burdeft, lienjamin F. BuHer, Roderick R. Hutler, Wil- 
liam T. Clark, Sidney Clarke, Coburn, Cook, Conger, Co- 
vode,Co\vles, Culioni, Davis, Dawes, Degener, Dockery, 
Donley. Duval, Dver, Ferriss, Finkelnliurg, Fisher, 
Fitch. Garfield, Gilfillan, Haight, Hale, Hamilton, Har- 
ris, Hawkins, Hawley, Hay, Hill, Hoar. Hooper, Hotch- 
kiss, Ingersoll, Jenekes." Alexander H. Jones, Judd, 
Kelley, Kellogg, Kelsey,Kclcham, Knapp.Lafiin.LasU, 
Lawrence, Logan. Loughridge, Lymdi, Jlaynard, Mc- 
Carthy, MeCrary, McGrew, McKenzie, Mercur, Eliakim 
H. Moore. Jesse H. Moore, William Moore, Morphis, 
Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, 
Newsham, O'Neill, Orth. Packard, Packer". Paine, Peek, 
Perce, Peters, Phelps, Pomeroy, Prosser, Roots, Sar- 
gent, Sawyer, Sclienck, Schuma'ker, Scofield, Lionel A. 
Sheldon, Porter Sheldon, Slocwn, John A. Smith, Wil- 
liam J. Smith, Worthington 0. Smith, William Smyth, 
Starkweather, Stevensoti, Stokes, Stoughton, Strick- 
land, Strong, Tafie, Tanner, Taylor, Tillman. Town- 
send, Twiehell, Tyner, Upson, Van Horn, Wallace, 
Ward, William B. Washburn, Welker, Wheeler, Whit- 
more, Wilkinson, Willard, Williams, John T. Wilson, 
Winans — 135. 

Mr. McCarthy moved to strike out all the sec- 
tions relating to income tax ; which was disagreed 
to — yeas 61, nays 122, as follow: 

Yeas — ^lessrs. Archer, Axtell, Bennett, Biggs, Bird, 
Bowen, Buffinton, Burr. Cleveland. Covodc. Cowles, 
Crebs, Davis, Dickinson, Fitch, Fri^-. Garfield, Oetz, 
Haight, Haniill, Hill, Hoojjer, Hotchkiss, Jenekes, 
Johnson, Kolley, Kellogg, Ketcham, Laflin, Lynch, 
Mai/ham, ]\IcCarthy, Milnes, Jesse H. Moore, William 
Moore, Daniel J. Morrell, Morrissey, Myers, Negley, 
Kewsliam, Xiblack, O'Neill, Paine, Potter, Randall, 
Reeves, Ridgway, Sargent, Schumetker, Slocum, Joseph S. 
Smith. Starkweather, Stevenson, Stiles. Strong, Swann, 
Taylor, Trimble, Twiehell, Upson, Hoorf— 01. 

Nays — Messrs. Allison, Ambler, Armstrong, Arnell, 
Asper, Atwood, Baily, Barry, Beaman, Beatty, Bcc:k, 
Benjamin, Benton, Bingham, Blair, Boles, Banker, 
Boyd, Geo. M. Brooks, Biuchard, Burdett, Roderick R. 
Butler, William T. Clark, Sidney Clarke, Amasa Cobb, 
Coburn, (^ook. Conger, Cullom, Dawes, Degener, 
Dockery, Donley, Dox. Duval, Dyer. Ela, Eldridge, 
Farnsworth, Ferriss, Finkclnburg, Fisher, Gihson, 
Gilfillan, Hale, Hainbleton, Hamilton, Hawkins. Haw- 
ley, Hay, Hays, Hefiin, Hoar, //o/ma?i. Insersoll, Alex- 
ander H. Jones, Judrl, Kelsey, Kerr. Knapp, Knott, 
Lash, Lawrence, Lewis, Logan, Loughridge, Marshall, 
Maj^nard, McCormiek, McCi-ary, MctJrew, McKenzie. 
McKeebi, Mercur, Eliakim IL Moore, Morgan, Morphis, 
Samuel P. Morrill, Urlh, Packard, Packer, Pock, 
Perce, Peters, Phelps, Piatt, Pomeroy, Porter, Prosser, 
Rice. Roots, Sawyer, Schenck, Scofield, Lionel A. Shel- 
don, Porter Sheldon. John A. Smith, William J. Smith, 
Worthington C. Smith, Willinm Smyth, Stokes, .S7(;»fi, 
Stoughton, Strickland, Sweeney, Tafl'e, Tnnner,Tillnian. 
Townsend, Tyner, Van Aukcn, Wallace, Ward, William 
B. Washburn, Wheeler, Whitmore, Willard, Williams, 
John T. Wilson, Winans, Witcher, Woodward— \tl. 

Mr. Beck moved to amend by levying a tax of 
five per cent, on the interest or coupons of all 
boncfs or evidences of debt, including United 
States bonds ; which was disagreed to — yeas 78, 
nays 111, as follow: 

Yeas— Messrs. Adams, Archer, Axtell, Beck, Benjamin, 
Bigg^, Bird, Booker, James Brooks, Burr, Benjainin F. 
Butler, Cleveland, Amasa Cobb, Coburn, Crdis, Cullom, 
Dickinson, Dockery, Dox. Dyer, Ela, Kldridi/e, Farns- 
worth, Fitch, Fox, Octz.Gibson, Grinwold. Ilaii/ht, Hal- 
dcman, llamhleton, Uamill, Hamilton, Hawkins, Hay, 



Hays, Heflin, ffolman, Ingersoll, Johnson. Alexander H. 
Jones, Kerr. Knott, Lewis, Logan, Marshall, Mai/ham, 
McCormiek, McNcely. Milnes, Jesse H. Moore, Morgan, 
Morrissey, Nibtack, Orth, P.iter, Randall, Reeves. Rice, 
Sargent, Lionel A. Sheldon, Sherrod, Joseph S. Smith, 
Stiles. Stokes. Strader, Sweeney, Trimble, Tyner, Van An- 
ken. Wells, Whitmore, Eugene M. Wilson, John T. Wil- 
son, Winchester, Wit'Aier, Wood, Woodward— IS. 

Nays — Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell. Asper, Atwood, Ayer, Bailey, Banks, Barry, Bea- 
man, Beattj', Bennett, Benton, Bingham, Blair, Bowen, 
Boyd, George JL Brooks, Buffinton, Burchard, Burdett, 
Roderick R. Butler, Sidney Clarke, Conger. Covode, 
Cowles, Davis, Dawes, Degener, Donley," Duval, Fer- 
riss, Finkclnburg, Fisher, Garfield, Gilfillan, Hale, Har- 
ris, Hawley, Hill, Hoar, Hooper, Hotchkiss, Ji/nckes, 
Judd, Ivellcy, Kellogg, Kelsey, Knapp, Laflin, Lash, 
Lawrence, Loughridge, Lynch, Maynard, McCarthy, 
JlcCrary, flIcGrcw, McKenzie, Mercur, Eliakim H. 
Moore, William Moore, ]Mor|ihis, Daniel J. Morrell, 
Samuel P. Morrill, Myers, Negley, Newsham, O'Neill, 
Packard, Parker. Pairie, Peck, Peree, Peters, Phelps, 
Piatt, Pomeroy, Porter, Roots, Sawyer, Schenck, Schu- 
?rt.7A:er, Scofield, Porter Sheldon,/SVocH?H, John A. Smith, 
William J. Smith, Worthington C. Smith, William 
Smyth, Starkweather, Stevenson, Stoughton, Strick- 
land, Strong, Tanner, Taylor, Tillman, Townsend, 
Twiehell, Upson, Ward, William B. Washburn, Weiker, 
Wheeler, Wilkinson, Willard, Williams, Winans — 111. 

June 6 — Mr. Schenck moved to amend by 
adding a new section, being a condensation of 
the tariff bill formerly reported to the House by 
the Committee of Ways and Means, and fixing 
the tariff, among other things, on tea at 15 cents 
per pound; coffee, 3 cents per pound; sugar, raw, 
2 cents per pound, clarified 2| cents per pound, 
and refined 4 cents per pound; on pig iron $7 
per ton ; on steel railway bars 1| cents per pound, 
and on all railway bars made in part of steel IJ- 
cents per pound: Provided, That metal con- 
verted, cast, or made from iron by the Bessamer 
or pneumatic process, of whatever form or de- 
scription, shall be classed as steel; on nickel 40 
cents per pound. 

Which was agreed to — yeas 137, nays 44, as 
follow : 

Yeas — Messrs. Adams, Allison, Ambler, Ames, Arm- 
strong, Arnell, Atwood, Ayer, Bailey, Banks, Beaman, 
Beatty, Bennett, Benton, Bingham, Blair, Boles. iJooAer, 
Bowen, Boyd, George M. Brooks, Butfinton, Bnri'hard, 
Burdett, Roderick R. Butler, Cake, Cessna, Churcliill, 
William T. Clark, Sidney Clarke, Amasa Cobli, Cook, 
Conger, Covode, Cowles, Cullom, Davis, Dawes, De- 
gener, Dickey, Donley, Duval, Dyer, Ela, Farnsworth, 
Ferriss, Finkclnlmrg, Fisher, Garfield, tJiltillnn, Hale, 
Hamilton, Harris, Hawkins, Hawley, Hay, Hill, Hoar, 
Hooper, Hotchkiss, Ingersoll, Alexander il. Junes, Kel- 
ley, Kellogg, Ketcham, Knapp, Knott. Laflin, Lash, 
Lawrence. Loughridge, Lync-h, M.-iynard, McCrary, 
McGrew, McKenzie, Mercur, Milnes, Eliakim H. Moore, 
Jesse H. Moore, William Bloore, Morphis, Daniel J. 
Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, 
Packard, Packer, Peck, Perce, Peters, Phelps. Piatt, 
Poland, Pomeroy, Rice, Roots, Sanford, Sawyer, 
Schenck, Scofield, Porter Sheldon, John A. Sm'ith, 
William J. Smith, Worthington C. Smith, William 
Smyth, Starkweather, Stevenson, Stokes, iS^owe, stough- 
ton. Strickland, Strong, TafFe, Tanner, Taylor, Tillman, 
Townsend, Trimble, Twiehell, Tyner, Upson, Van 
Wyck, Wara, William B.Washburn, Welker, Wheeler, 
wfiitmore, Wilkinson, Willard, Williams, Winans, 
Witcher, Woodward— X.iT. 

Nays — Messrs. Axtell, Benjamin, Biggs, Bird, James 
Brooks, Buck, Burr, Benjamin F. Butler, Conner, Cox, 
Crebs, Dox. EMridi/e, Fox, Getz, Griswold, Ila\ijhl, ITalde- 
mnn, HamiU, Hetlln, Hniman, Kerr, Lewis, Marshall, ifay- 
ham, McNeeljl, Morgan, Aiblack, Potter, Ran Intl. Jieeres, 
Ridgway, Rogers, Sargent, Schumaker, Sbcrrod, Stiles, 
Strader, Swann, Sweeney, Van Trump, Wells, Winchester, 
Wood—U. 

Mr. Schenck also offered as an amendment 
another section, enlarging the free list, which, 
together with the tariff section, he stated, would 
decrease the revenue from the tariff about $20,- 
000,000. lie also stated that the tax bill as 



INTERNAL TAX AND TARIFF. 



607 



amended in the House would decrease the reve- 
nue from interaal taxes about $45,000,000. 

This section was then agreed to, and the bill 
passed— yeas 152, nays 35, as follow: 

Yeas— Messrs. Jdams, Allison, Ambler, Ames, Arm- 
strong, Arnell, Atwood, Axtcll, Ayor, Bailey, Banks, 
Beanian, Beatty, Benjamin, Bennett, Benton, Bing- 
ham, Blair, Boles, Booker, Bowen, Boyd, George M. 
Brooks, Buck, Buffinton, Bareharil, Bui'dett, Roderick 
R. Butler, Cake, Cessna, Churchill, William T. Clark, 
Sidney Clarke, Amasa Cobb. Coburn, Cook, Conger, 
Covode, CoWles, Cn'bs, Cullom, Dawes, Degener, 
Dickey, Donley, Duval, Dyer, Ela, Farnswortli, Fer- 
riss, Finkelnburg, Fisher, Fitch, Garfield, Gillillan, 
Hale, Hamilton, Harris, Hawkins, Hawley, Hay, Hill, 
Hoar, Hooper. Hot<'hkiss, Ingersoll, Keliey, Kellogg, 
Ketcliani, Knapp. Knott, Laflin, Lash, Lawrence, Lewis, 
Logan. LoUvjhridge. Lynch. Maynard, McCarthy, J/cCo?-- 
mich, SlcCrary, McKee. McKenzie, IMercur, Milnes, Elia- 
kim H. Moore, Jevse H. Moore, William Moore. Mor- 
phis, Daniel J. Morrcll, Samuel P. Morrill, Myer.s, 
Negley, Newsham, O'Neill, Orth, Packard, Packer, 
Paine," Peck, Perce, Peters, Phelps, Piatt, Poland Pom- 
eroy, Prosser, Nice, linr/trs. Roots, Sanford, Sargent, 
Sawyer, vSehenck, Seolield. Lionel A. Sheldon, Porter 
Sheldon, John A Smith, William J. Smith, Woj-thing- 
ton C. Smith. William Smyth, Starkweather, Steven- 
son, Stokes, Stoughton, Strickland, Strong, Taffe, Tan- 
ner, Taylor, Tillman, ToWnsend, Trimble, Twichell, 
Tyner, Upson, Van Horn, Van Wyck, Ward, William B. 
Washburn, Wclker, Wells. Wheeler, Whitmore, Wilkin- 
son, Willard, Williams, John T. Wilson, Winan8,Witeher, 
Woodward — 152. 

Nats— Messrs. Bird, James' Brooks, Burr, Conner, Cox, 
Dox, Eldridgc, Fox, Getz, Griswold, Ifaiglit, Haldeman, 
Hamill,, Hays, Hetlin, Holman,, Johnson, Kerr, Muyhum, 
McNeely, Morgan, Morrissey, Niblack, Potter, Randall, 
Reeves, Ridgway, Sherrod. Slocum, Stiles, Stone, Swann, Van 
Trump, Winchester, Wood — 35. 

In Senate. 

1870, June 24 — Mr. Conkling moved to strike 
out the 35th section, being that relating to the 
income tax; which was agreed to — yeas 34, nays 
23, as follow: 

Yeas— Messrs. Abbott, Ames, Anthony, Bai/ard, Buck- 
ingham, Cameron, Carpenter, Casserli/, Colo, Conkling. 
Corbett, Davis, Fenton, Feri'y, Fowler, Gilbert, Hamil- 
tonoi Maryland, Harris, Jolmston, Kellogg, McCreerjt/, 
McDonald, Osborn, Pomeroy, Robertson, Saiilsburi/, 
Scott, Stewart, Sumner, !r/iM/')rta?i, Trumbull, Vickers, 
Wilson, Yates— 34. 

Nats— Messrs. Boreman, Brownlow.Chandler, Drake, 
Hamlin, Harlan, Howard, Howe, Howell, Jlorrill of 
Maine, Morrill of Vermont, IMorton, Pratt, Ramsey, 
Rice, Ross, Schurz, Sherman, Sprague, Thayer, War- 
ner, Willey, Williams — 23. 

June 29 — The bill having been reported to the 
Senate, Mr. Hamilton, of Maryland, moved to 
amend by adding the following: 

Sec. — . That hereafter there shall be annually 
deducted and withheld by the Treasurer of the 
United States five per cent, of all moneys paya- 
ble as interest upon the public debt of the United 
States, the same being hereby imposed as a tax 
upon the property represented by the bonds here- 
tofore issued under the laws of the United States. 

Which was disagreed to — yeas 11, nays 25, as 
follov/ : 

Yeas — Messrs. Caaserhi, Fenton, Fowler, Hamilton of 
Maryland, McCreery, Pratt, Rice, Ross, Sprague, Thar' 
man, Vickers — 11. 

Nats — Blessrs. Anthony, Boreman. Cattell, Cole, Cra- 
gin, Gilbert, Hamlin, Harlan, Harris, Howe, Howell, 
McDonald, Blorrill of Maine, Morrill of Vermont, Pom- 
eroy, Ramsey. Sawyer, Schurz, Scott, Sherman, Stew- 
art, Sumner, Willey, Williams, Wilson— 25. 

July 1 — Mr. Bayard moved to amend by in- 
serting the following: 

Sec. — . That hereafter there shall be annually 
deducted and withheld by the Treasurer of the 
United States five per cent, of all moneys paya- 
ble as interest upon the public debt of the United 



States, the same being hereby imposed as a tax 
upon the property represented by the bonds here- 
tofore issued under the laws of the United States. 

Which was disagreed to — yeas 12, nays 36, as 
follow : 

Yeas — Messrs. Bayard, Casserly, Davis, Fowler. Ham- 
ilton of Maryland, 'AlcCrecry, Pratt, Spencer, Sprague, 
Stockton, Thurman, Vickers — 12. 

Nats — Messrs. Anthony, Boreman, Chandler, Cor- 
bett. Cragin. Drake, Edmunds, Fenton, Gilliert, Ham- 
lin, Harlan, Harris, Howe, Howell, l\IcDonald, IMorrill 
of Maine, INIorrill of Vermont, Morton, Nye, Osborn, 
Pomeroy, Ramsey, Revels, Rice, Savpyer, Schurz. Scott, 
Sherman. Sunmor, Thayer, Tipton, Trumbull, Warner, 
Willey, Williams, Wilson— 3G. 

Mr. Thurman moved to insert the following: 

Sec. — That there shall be levied and collected, 
in the manner hereinafter sj^ecified, a tax of five 
per cent, upon the income of every person re- 
siding in the United States, and of every citizen 
of the United States residing abroad, derived 
from interest on the bonds of the United States; 
said tax to be collected by withholding the 
same in the payment of such interest. 

Which was disagreed to — yeas 11, nays 35, 
as follow; 

Yeas — Messrs. Bayard, Casserly, Davis, Fenton, Ham- 
ilton of Maryland, McCreery, Pratt, Sprague, Stockton, 
Tliurman, Vickers — 11. 

Nays — Messrs. Anthony, Boreman, Chandler, Cor- 
bett. Cragin, Dral<e, Edmunds, Fowler, Gilbert, Ham- 
lin, Harris, Howe, Lewis, McDonald, Morrill of Maine, 
Morrill of Vermont, Morton, Osborn, Patterson, Pome- 
roy, Reyels, Robertson, Ross, Sawyer, Scliurz, Scott, 
Shermaii. Stewart. Sumner, Tipton, Trumbull, Warner, 
Willoy, Williams, Wilson— 35. 

Mr, Wilson moved to amend section 35, so 
that it should read: 

That during the years 1871 and 1872, and no 
longer, there shall be levied and collected an- 
nually a tax of two and a half per cent, upon 
the gains, profits, and income of every person 
residing in the United States, &c. 

Which was disagreed to— yeas 23, nays 28, as 
follow : 

Yeas— Messrs Abbott, Boreman, Cragin, Hamlin, 
Harlan, Howe, Howell, Morrill of Maine, Morrill of 
Vermont. Morton, Patterson, Pratt, Ramsey, Rice, 
Ross, Schurz, Sherman, Spencer, Sprague, Tipton, 
Warner, Willey, Wilson— 23. 

Nats — Messrs. Anthony, Bayard, Cameron, Casserly, 
Cole. Corbett. Davis, Eldmunds, Fenton, Fowler, Gil- 
bert, Hamilton of Maryland, Harris, Kellogg, Lewis, 
McCreery, McDonald, Nye, Osborn, Revels, Robertson, 
.''cott, Stewart, Stockton, Sumner, Thurman, Trumbull, 
Vickers— 2S. 

The amendment as agreed to in committee of 
the whole, striking out all the sections relating 
to income tax, was agreed to — yeas 26, nays 22, 
as follow : 

Ybas— Messrs, Anthony, Bayard, Casserly, Cole, Cor- 
bett, /)aris, Edmun<ls, Fenton, Fowler, Gilbert, Ham- 
ilton of Maryland, Harris, Kellogg, McCreery, McDonald, 
Osl)orn. Revels, Robertson, Scott, Stewart, Stockton, 
Sumner, Thurman, Trumbull, Vickers, Wilson — 20. 

Nats — Messrs. Abbott, Boreman, Cragin, Drake, 
Hamlin. Harlan, Howe, Howell. Morrill of Maine, Mor- 
rill of Vermont, Morton, Patterson, Pratt, Ramsey, 
Ross, Schurz, Sherman, Spencer, Sprague, Tipton, 
Warner, Willey— 22. 

Mr. Sherman moved to strike out the words 
"gross receipts" from an amendment adopted by 
the committee of the whole, whereby that tax 
on gross receipts was abolished ; which was dis- 
agreed to — yeas 25, nays 25, as follow : 

Yeas — Messrs. Anthony, Bayard, Boreinan, Casserly, 
Corbett, Edmunds, Fenton, Fowler, Gilbert, Harlaii. 
Lewis, McDonald, Morrill of Maine, Morrill of Vermont, 



608 



POLITICAL MANUAL. 



Nye, Pratt, Rami»ey, Sehurz, Scott, Sherman, Sprague, 
Stewart, Thayor, Warner, Willey — 25. 

Nats— Blos^rs. Cameron, Cole, Cragin, Davis, Drake, 
Hamilton of Maryland, Ilamlin, Harris, Howe, Howell, 
Kellogg, McCrecni, Osborn, Patterson, Pomeroy, Rob- 
ertson, Ross, Spencer, Stockton, Sumner, Thurman, 
Trumbull, Vickers, Williams, Wilson — 25. 

Mr. Edmunds moved to reconsider the vote by 
which the income tax was stricken out; which 
was agreed to — yeas 26, nays 25, as follow: 

Ye.\s — Me.«srs. Abbott, Anthony, Cragin, Drake, Ed- 
munds, Hamlin, Harlan, Howe, Howell, Morrill of 
Maine, Morrill of Vermont, Nye, Patterson, Pool, Pratt, 
Ramsev, Rice, Sehurz, Sherman, Spencer, Sprague, 
TijJton! Warner, Willey. Williams, Wilson— 20. 

Nays — Messrs Unimnl. (.'auuTon, Casserli/, Corbett, 
Davis, Fenton, GillR-rt, Ilamilton of Maryland, Harris, 
Johnston. Kellogg, Lewis, McCreery, McDonald, Pome- 
roy, Revels. Robertson, Ross, Scoti, Stewart, Stockton, 
Sumner, Thurman, Trumliull, Vickers — 26. 

Mr. Wilson's amendment was then agreed to — 
yeas 27, nays 21, as follow: 

Yeas— Messrs. Abbott, Anthony, Chandler, Cragin, 
Drake, Edmunds, Hamlin, Harlan, Howell, Morrill of 
Maine, Morrill of Vermont, Patterson, Pomeroy, Pool, 
Pratt, Ramsey, Rice, Ross, Sehurz, Sherman, Spencer, 
Thayer, Tipton, Warner, Willey, Williams, Wilson — 27. 

Nats — Messrs. Bayard, Casscrly, Corbett, Davis, Fen- 
ton, Gilbert, Hamilton of Maryland, Harris, Howe, John- 
ston. McCreery, McDonald, Revels, Robertson, Scott, 
Stewart, Stoclkon, Sumner, Thurman, Trumbull, Vickers 
—21. 

The question then recurring on the amend- 
ment to strike out all concerning the income tax, 
it was disagreed to — yeas 22, nays 26, as follow: 

Yeas — Messrs. Bayard, Casserly, Corbett, Fenton, Gil- 
bert, Hamiltmi of Maryland, Harris, Johnston, Kellogg, 
Lewis, McCreery, McDonald, Osborn, Pomeroy, Robert- 
son, Scott, Stewart, Stoclclcm, Sumner, Thurman, Trum- 
bull, Vickers— 22. 

Nats — Messrs. Abbott, Anthony, Chandler, Cragin, 
Drake, Edmunds, Hamlin, Harlan, Howe, Howell. Mor- 
rill of Maine, Morrill of Vermont, Patterson, Pool. Pratt, 
Ramsey, Rice, Ross, Sehurz, Sherman, Spencer, Tipton, 
Warner, Willey, Williams, Wilson — 26. 

July 5 — Mr. Conkling moved to add as follows : 
That no such income tax shall be levied or col- 
lected until by act of Congress it shall be here- 
after so directed. 

Mr. Edmunds moved to amend this as follows: 
And all provisions of law providing for the 
assessment and collection of taxes on gross re- 
ceipts are hereby continued until the further 
action of Congress. 

Which was disagreed to — yeas 18, nays 33, as 
follow : 

Yeas— Messrs. Anthony, Bayard, Foreman, Cole, Cor- 
bett, Drake, P'dmunds, Fenton, Gilbert, Harlan, Mor- 
rill of Vermont, Nye, Ramsey, Shurz, Scott, Sherman, 
Stewart, Wilson— 18. 

Nays — Messrs. Carpenter, Chandler, Conkling, Cra- 
gin, Fowler, Hamilton of Maryland, Hamilton of Texas, 
Hamlin, Harris, Ilowe, Johnston. Kellogg, McCreery, 
Morton, Patterson, Pomeroy, Pool, Revels, Rice, Rob- 
ertson, Ross, Saulsbury, Sawyer, Spencer, Sprague, 
Stockton, Sumner, Thvrman, Trumbull, Vickers, Warner, 
Willey, Will iam.i— 3.3. 

Mr. Conkling's amendment was then disagreed 
to — yeas 26, nays 26, as follow : 

Yeas— Messrs. Bayard, Carpenter, Cole, Conkling, 
Corbett, Fenton, Fowler, Gilljert, Hamilton of .Mary- 
land, Harris, Johnston, Kellogg, McCreery, JIcDonalil, 
Pomeroy, Revels, Robertson,'.SuMi«ii«r?/, Scott, Stewart, 
Stockton, Sumner, Thurman, Trumbull Vickers, Wils(jn — 
26. 

Nays — Messrs. Anthony, Boreman, Chandler, Cragin, 
Drake, Edmunds, Hamilton of Te.xas, Hamlin, Harlan, 
Howe, Howell, Jlorrill of Vermont, Morton, Nye, Pat- 
terson, Poi;l, Ramsey, Rice, Ross, Sawyer, Sehurz, 
Sherman, Spencer, Warner, Willey, Williams— 20. 

The bill was then passed — yeas 43, nays 6, as 
follow: 



Yeas— Messrs. Antnony, Boreman, Carpenter, Chand- 
ler, Cole, Conkling, Corbett, Cragin, Drake, lOdmuiids, 
Fenton, Gilbert, Hamilton of Te.xas, Ilamlin, Harlan, 
Howe, Howell, Kellogg, McDonald, Morrill of Ver- 
mont, Morton, Nye, Patterson, Pool, Ramsey, Rice, 
Robertson, Ross, Sawyer, Sehurz, Scott, Sherman, 
Spencer, Sprague, Stewart, Stockton, Tliayer, Thurman, 
Trumbull, W.arner, Willey, Williams, Wilson — 4:5. 

Nats — Messrs. Bayard,' Hamilton of Maryland, Har- 
ris, McCreery, Saulsbury, Vickers — 6. 

In House. 

July 9 — The bill having been returned from 
the Senate with amendments, 

Mr. Davis moved to suspend the rules and 
strike out the income tax, which was disagreed 
to — yeas 67, nays 117, as follow: 

Yeas — Messrs. Ambler, Amea. Archer, Axtell, Banks, 
Barnum, Bennett, Bir/gs, Bird, James Brooks, Buffinton, 
Burr. Benjamin F. Butler, Calkin, Covode.Cowles, Cox, 
Davis, Dickinson, Dixon, Fitch, Garfield, Getz, Gilfillan, 
Griswold, Haight.HM, Hooper, Jenckes, Judd, Kelley, 
Kellogg, Ketcham, Lynch, Mayham, McCarthy, il/c- 
Kenzie. Milnes, William Moore, Daniel J. IMorrell, Mor- 
rissey, Myers, Negley, Niblack. O'Neill, Paine, Potter, 
Randall, Reeves, Rogers, Sargent, Schumakcr, Seofield, 
Slocum, Joseph S Smith, Starkweather, Stevenson, Stiles, 
Stone, Strong, Swann, Trimble, Twicliell, Upson, Van 
Wyck, Winchester, Wood—Cl. 

Nats — Messrs Adams. Allison, Amell. Asper, Atvvood, 
Ayer, Bailey, Beatty. Benjamin, Benton, Bingliam, 
Blair, Boles, iJooA:e)% Boyd, George M, Brooks, Buck, 
Buckley, Burchard, Roderick R Butler, Cake, Church- 
ill, Sidney Clarke, Amasa Cobb, Coburn, Conger, Con- 
ner, Crebs. Cullom, Darrall. Dawes, Degener, Dickey, 
Donley, Duval, Dyer, Elii, Farnsworth, Ferriss, Ferry, 
Finkelnburg, Fisher, Hale, Hamilton, Harris, Hawkins, 
Hawley, Hay, Hoar, Ingers<ill, Thomas L. Jones, Kelsey, 
Knott, Lash, Lawrence, Lewis, Logan, Loughridge, 
Marshall, M.aynard, McCormick, JleCrary, McGrew, 
McKee, McNeely, iSIereur, Eliakim H. Moore, Mor 
phis, Orth, Packard, Packer, Palmer, Peck, Perce, 
Phelps, Poland, Porter, Prosser, Rice, Roots. Sanford, 
Sawyer, Schenck, Shanks, Lionel A. Sheldon, Porter 
Sheldon, Sherrnd, John A.Smith.WorthingtonC. Smith, 
WilliamSmyth, Stevens, Stokes, Stoiiuhton, Strickland, 
Siveeney, Tatt'o, Tanner, Tillman. Tnwnsond, Tyner, 
Van Auken, Van Horn, Ward, Cadwalador C. AV'ashburn, 
William B. Washburn, Welker, Wells. M'hech'r, Whit- 
more, Wilkinson, Willard. Williams, Eugene M. Wilson, 
John T. Wilson, Win.ans, Woodiuard—lVi . 

The amendment of the Senate abolishing all 
special taxes was agreed to — yeas 107, nays 73, 
as follow : 

Yeas — Messrs. Adams, Allison, Archer, Aver, Barnum, 
Beatty, Beck, Biggs, Bird, Boyd, Buck, Buckley, Bur- 
chard, Burr, Benjamin F. Butler, William T. Claik, Sid- 
ney Clarke, Coburn, Cook, Omner, Cox, Crehs, Cullom, 
Darrall, Davis, Dawes, Dickinson^ Donley, Fitch, Gar- 
field, Getz, Gilfillan. Griswold, Haight, Haldeman, Hale, 
Hamilton, Harris, Ilavvley, Hay, Hays, Heflin. Ingersoll, 
Johnson. Tlmmaa L. Jones, Jndd, Kellogg. Kerr, Knott, 
Lawrence, Lewis, Logan, Lynch, Marshall, McCormick, 
McCrary, McKenHe, McNeely. Mercur, Milnes, Jesse H. 
Moore. William Moore, Morgan, Miingen, ISlvevs, Niblack, 
O'Neill, Orth, Packard, Packer, Paine, Perce, Poland, 
Potter, Reeves, Rice, Rogers, Sargent, i^nwycr, Schitmaker, 
Seofield, Shanks, Lionel A. Sheldon, Sherr(jd. Slocum, 
John A. Smith, Joseph S. Smith, Wortliington C. Smith, 
Stevenson, Sliles, Slone, Swann, Sweeney. Trimble. Twicli- 
ell, Tyner, Van Auken, Van Horn, Cadwalader C. Wash- 
burn, Welh, Williams, Eugene M. Wilson, Winans, Win- 
chester, Wood, Woodivard — 107. 

Nays— Messrs. Ambler, Ames, Armstrong, Arnell, 
Asper, Atwood, Bailey, Barry, Benjamin, Bennett, Ben- 
ton, Bingham, Blair, Boles, Booker, George M. Brooks, 
Butlinton, Burdett, Roderick R. Butler. Cake. Conger, 
Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry, Finkeln- 
burg, Fisher, Hawkins, Hill, Hooper, Kelley. Kelsey, 
Ketcham, Knapp, Lash, Loughridge, M.iynard, McCar- 
thy, McGrew, Eliakim H. Moore, Moriihis. Daniel J. 
Morrell, Negley, Palmer, Peck, I'l.att, Poiter, Roots, 
Sanford, Schenck, William J. Smith, William Smyth, 
Stevens, Stokes, Stoughton, Strickland, Talfe, T.aylor, 
Tillman, Townsend, Upson, Van Wyck, Wallace, Ward, 
William B. Washburn, Welker, Wheeler, Whitmore, 
Wilkinson, Willard, John T. Wilson— 73. 

The Senate amendment fixing the income tax 
at 2| per cent, instead of 3 was agreed to. 



INTERNAL TAX AND TARIFF. 



609 



The Senate amendments on Bessemer steel, 
reducing the rate on steel bars from IJ cents per 
pound to 1|, and on rails made partly of steel 
from 1} cents to 1 cent, were agreed to — the lat- 
ter withont a division; the former, yeas 99, nays 
72, as follow : 

Yeas— Messrs. Adams, Allison. Archer, Asper, Ayer, 
Beatty, Bech; lienjaniin, Biggs, Bird, James BrooKs, Buck- 
Icy, Burr, Benjamin F. Butler, Sidney Clarke, Coburn, 
Cook, Cox, Crebs. Culloni, Darrall, Dickins(m, Eldridge, 
Farnsworth. Finkclnburg, Fitch, Garfield, Geiz, Oris- 
wold, Haiqht. Halde.man, Hale, Harris, Hawkins, llawley, 
Hay. Hays, Heflin. IngersoU. Johnson, Thomas L. Jones, 
Judd, A'crc, Ketfham, Knott, Lnois, Logan, Loughridge, 
Lynch, M'lrshaH, Mai/ham, McCnrmick, i\[cCrary. McKen- 
zie, McNedy. Eliakim H. Moore, Jesse H. Moore, Mor- 
gan, Manqen, Niblack, Orth, Packard, Paine, Potter, 
Reeves, liter, Rogers, Sargent, Schumaker, Shanks, Lionel 
A. Sheldon, Slic.rrod. Slocum, Joseph S- Smith, Worthing- 
ton C. Smith. William Smyth, Stevenson, Stiles, Stone, 
Stoughton, Strong, Sivann, Sv)eeney, Taffe, Trimble, 
Twichcll, Tyner, Van Aulcen, Van Wyck, Vomrhees, Cad- 
walader C. Washburn, Wells, Wilkinson, Williams, Eu- 
gene M. Wilson, Winans, Winchester, Wood, Woodtoard — 
99. 

N.\TS — Messrs. Ambler, Ames, Armstrong. Arnell, At- 
wood, Bailey, Barry, Benton, Bingliam, lilair, Buffin- 
ton. Roderick R. Butler, Cake, Churchill, AmasaCobb, 
Conger, Covode. Cowles, Davis, Dawes, Donley, Duval, 
Ferriss, Ferry, Fisher, Gilfillan, Hill, Hoar, Hooper, 
Kelley, Kellogg, Kelsey, Knapp, Lash, Maynard, Mc- 
Carthy, McGreW, Mercur, William Moore, Morphis, 
Daniel J. Morrell, Myers, Negley, O'Neill, Packer, Peck, 
Perce, Phelps, Porter, Prosser, Sanford, Sawyer, 
Schenck, Scofield, Porter Sheldon, John A.Smith, Ste- 
vens, Stokes, Strickland, Tanner, Taylor, Tillman, 
Townsend, Upson, Wallace, Ward, William B. Wash- 
burn, Welker, Wheeler, Whitmore, Willard, John T. 
Wilson— 72. 

A committee of conference appointed, consist- 
ing of Senators Sherman, Morrill of Vermont, 
and Hamilton of Maryland, and Representatives 
Schenck, Kelley, and James Brooks. 
In Senate, May 13, 1870. 

The report of the conference committee was 
agreed to without a division. 

In House, July 13, 1870. 
Yeas — Messrs. Allison, Ambler, Ames, Armstrong, 
Arnell. Atwood, Axtell. Ayer, Bailey, Barnum, Beatty, 
Benjamin. Bennett, Benton, Bingham, Blair, Boles, 
Booker, Boyd, George M. Brooks, JJuck, Buckley, Buf- 
finton, Burcliard, Burdett, Benjamin F. Butler, Rod- 
erick R. Butler. Cake, Cessna, Churchill, William T. 
Clark, Sidney Clarke, Amasa Cobb, Coburn, Conger, 
Covode, Cowlos. Cullom, Davis, Dawes, Dickey, Di.xon, 
Donley, Duval, Ela, Farnsworth, Ferriss, Ferry, Fink- 
elnburg. Fitch, Garfield, Gilfillan, Hamilton, Harris, 
Hawkins, Hawley, Hay, Heflin, Hill, Hoar, Hooper, 
Hotchkiss, IngersoU, Jejjckes, Judd, Julian, Kelley, 



Kellogg, Kelsey, Ketcham, Knapp, Lnflin, Lash. Law- 
rence, Logan, Loughridge, Lynch, Blaynard, McCar- 
thy, McCrary, McGrew, 3/cKcnzie, Mercur, Milnes, Elia- 
kim H. Moore, Jesse H. Moore, William Jloore, vior- 
phis, Daniel J. Moirell, Myers, Negley, O'Neill, Orth, 
Packard, Packer, Paine, Palmer, Peck, Perce, Peters, 
Phelps, Poland, Porter, Prosser, Rice, Rogers, Roots, 
Sargent. Sawyer, Schenck, Scofield, Shanks, Lionel A. 
Sheldon, Porter Sheldon, John A. Smith, William J. 
Smith, Worthington C. Smith, William Smyth, Stevens, 
Stevenson, Stokes, Stoughton, Strickland, TaflTo, Tan- 
ner, Taylor, Tillman, Townsend, Trimble. Twichell, 
Tyner, Upson, Van Horn, Van Wyck. Ward, Cadw.ala- 
der C. Washburn, William B. Washburn, Welker, 
Wheeler, Whitmore, Wilkinson, Willard, Williams, 
John T. Wilson— 144. 

Nats— Messrs. Adams, Archer. Asper, Beclc, Biggs, Bird, 
James Brooks, Burr, Cleveland, Cox, Crebs. Dickinson, Eld- 
ridge, Fox. Getz, Griswnld, Haight, Haldrman, Ilamhlelon, 
Hays, Unlman, Johnson, Thomas L. Jimes, Kerr, Knott, 
Lewis, Marshall, Mayham. McNeely, Morgan. Niblack, Potter, 
Randall, Reeves, Schumaker, Sherrod. Slocum, Joseph S. 
Smith, Stiles, Stone, Swann. Siveeney, Van Aiiken. Voorhees, 
Wells, Eugene M. Wilson, Winchester, Wood, Woodward — 49. 

In submitting the report of the conference com- 
mittee, Mr. Schenck made the followingstatement 
as to the reduction of taxes made by the bill: 

"Calculated upon the basis of the receipts of the 
fiscal year ending the 30th of June, 1869, which 
was at that time the only complete report we 
had before us, I made out by a close analysis of 
the bill, and as accurate a calculation as I could 
furnish to the House, a reduction of the internal 
taxes to the amount of $45,000,000, and of im- 
port duties to the amount of $20,000,000, making 
in the aggregate $65,000,000. After the bill had 
passed the House, however, and before any actioa 
upon it or change made by the Senate, the com- 
plete returns of internal revenue, but not of im- 
ports, were obtained for the year ending the 30th 
June, 1870, and the increase has been Buch that 
trying the bill by that standard it was found 
that the reduction of internal taxes as compared 
with those for last year was $50,000,000, and of 
import duties $27,000,000, making a reduction of 
$77,000,000, in the aggregate. By the striking 
off of some other taxes, including an additional 
deduction from the income tax, the tax on pass- 
ports, and various other matters, I do not hesitate 
to say that the reduction by this bill, compared 
with the receipts of last year, will be to the 
people of this country an alleviation of the 
iDurdens of taxation from these two quarters, the 
internal taxes and import duties, of over $80,000,- 
000." 



LX. 



THE RESTORATION OF GEORGIA. 



AN ACT to promote the Reconstruction of the 
State of Georgia. 

Be it enacted, &c., That the governor of the 
State of Georgia be, and hereby is, authorized 
and directed, forthwith, by proclamation, to sum- 
mon all persons elected to the general assembly 
of said State, as appears by the proclamation of 
George G. Meade, the general commanding the 
military district includiiig the State of Georgia, 
39 



dated June 25, 1868, to appear on some day cer- 
tain, to be named in said proclamation, at At- 
lanta, in said State; and thereupon the said 
general assembly of said State shall proceed to 
perfect its organization in conformity with the 
Constitution and laws of the United States, ac- 
cording to the provisions of this act. 

Sec. 2. That when the member., so elected to 
said Senate and House of Representatives shall 



610 



POLITICAL MANUAL. 



be convened, as aforesaid, each and every member 
and each and every person cLaiming to bo elected 
as a member of said senate or house of repre- 
sentatives shall, in addition to taking the oath 
or oaths required by the constitution of Georgia, 
also take and subscribe and file in tlie office of 
the secretary of state of the State of Georgia one 
of the following oaths or affirmations, namely: 
" I do solemnly swear (or affirm, as the case may 
be) that I have never held the office, or exer- 
cised the duties of, a Senator or Representative 
in Congress, nor been a member of the legislature 
of anj^ State of the United States, nor held any 
civil office created by law for the administration 
of any general law of a State, or for the admin- 
istration of justice in any State or under the laws 
of the United States, nor held any office in the 
military or naval service of the United States 
and thereafter engaged in insurrection or rebel- 
lion against the United States, or gave aid or 
comfort to its enemies, or rendered, except in 
consequence of direct physical force, any support 
or aid to any insurrection or rebellion against 
the United States, nor held any office under, or 

fiven any support to, any government of any 
ind organized or acting in hostility to the Uni- 
ted States, or levying war against the United 
State? : so help me God, (or on the pains and 
penalties of perjury, as the case may be;") or 
the following oath or affirmation, namely; "I do 
solemnly swear (or affirm, as the case may be) 
that I have been relieved by an act of the Con- 
gress of the United States from disability as pro- 
vided for by section three of the XlVth Amend- 
ment to the Constitution of the United States : 
so help me God, (or on the pains and penalties 
of perjury, as the case may be.") Which oath or 
affirmation, when so filed, shall be entered of 
record by the secretary of state of the State of 
Georgia, and said oath or affirmation, or a copy 
of the record thereof, duly certified by said secre- 
tary of state, shall be evidence in all courts and 
places. And every person claiming to be so 
elected, who shall refuse or decline or neglect or 
be unable to take one of said oaths or affirma- 
tions above provided, shall not be admitted to a 
seat in said Senate or House of Representatives, 
or to a participation in the proceedings thereof, 
but shall be deemed ineligible to such seats. 

Sec. 3. That if any person claiming to be 
elected to said Senate or House of Representa- 
tives, as aforesaid, shall falsely take either of 
said oaths or affirmations above provided, he 
shall be deemed guilty of perjury, and shall suf- 
fer the pains and penalties thereof; and may be 
tried, convicted, and punished therefor by the 
circuit court of the United States for the district 
of Georgia in which district said crime was com- 
mitted; and the jurisdiction of said court shall 
be sole and exclusive for the purpose aforesaid. 

Sec. 4. Tiiat tlie persons elected, as aforesaid, 
and entitled to compose such legislature, and 
who shall comply with the provisions of this act, 
by taking one of the oaths or affirmations above 
prescribed, shall thereupon proceed, in said Sen- 
ate and House of Representatives to which they 
liave been elected respectively, to reorganize said 
Senate and House of Representatives, respect- 
ively, by the election and qualification ot the 
proper officers of each house. 



Sec. 5. That if any person shall, by for-'e, 
violence, or fraud, willfully hinder or interrapt 
any person or persons elected as aforesaid from 
taking either of the oaths or affirmations pre- 
scribed by this act, or from participating in the 
proceedings of said Senate or House of Repre- 
sentatives, after having taken one of said oaths 
or affirmations, and otherwise complied with this 
act, he shall be deemed guilty of a felony, and 
may be tried, convicted, and punished therefor 
b}'- the circuit or district court of the United 
States for the district of Georgia in which dis- 
trict said offense shall be committed ; and shall 
be punished therefor by imprisonment at hard 
labor for not less than two nor more than ten 
j'ears, in the discretion of the court; and the juris- 
diction of said courts shall be sole and exclusive 
for the purpose aforesaid. 

Sec. 6. That it is hereby declared that the ex- 
clusion of any person or persons elected as afore- 
said, and being otherwise qualified, from parti- 
cipation in the proceedings of said Senate or 
House of Representatives, u-^'on the ground of 
race, color, or previous condition of servitude, 
would be illegal and revolutionary, and is here- 
by prohibited. 

Sec. 7. That upon the application of the Gov- 
ernor of Georgia, the President of the United 
States shall employ such military or naval forces 
of the United States as may be necessary to en- 
force and execute the preceding provisions of this 
act. 

Sec. 8. That the Legislature shall ratify the 
XVth Amendment proposed to the Constitution 
of the United States before Senators and Repre- 
sentatives from Georgia are admitted to seats in 
Congress. 

Approved December 22, 1869. 

The final votes on this act were as follow: 
In Senate, December 17, 1869. 

Yeas — Messrs. Abbott, Anthony, Brownlow, Buck- 
ingham, Carpenter, Cattell, Chandler, Colo, Conkliug, 
Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, 
Hamlin, Harlan, Harris, Howard, Kellogg, McDonald, 
Morrill of Maine, Morrill of Vermont, Slorton, Nye, 
Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, 
Robertson, Roi?s, Sawyer, Schnrz, Scott, Sherman, 
Spencer, Stewart, Sumner, Thayer, Warner, Willey, 
Williams, Wilson — 15. 

Nays— Messrs. Bayard, Casserly, Davis. Fowler, Wil- 
Ham T. Hamilton, Saulsburi/, Stockton, Thurman, Vick- 
ers—d. 

In House, December 21, 1869. 

Yeas — Messrs. Allison, Ambler, Armstrong, Arnell, 
Asper, Bailey, lieaman, Beatty, Benjamin, Bennett, 
Benton, Holes, Bowen, Boyd, George M. Brooks, Buck, 
Buclilcy, Butfinton, Burohard, Biirdett, Benjamin F. 
Butler, Roderick U. Butler, Cossna, Aniasa Cobb, Co- 
burn, Cook. Conger, Cullom, liawes, Dewecso, I^ickey, 
Dixon, Douley. Duval. l-",la. Ferries, b'errv, F''inkelniiurg, 
Fisher, Fitch, Garfield, Hale, Hainiltori, Ilawley, Hay, 
Heaton, Hill, Hoar, Solomon L. Hoj;e, Hooper, Hotoh-, 
kiss, Ingersoll, Jenckes, Alexander H. Jones, Judd, 
Kelley, Kellogg, Kelsey, Knapp. Lash, Lawrence, 
Logan. Loughridgc. Maynard, McCartliy, iMcCrary, 
McGrew, Mercur, Eliakim H. Moore, Jesse IL Moore, 
William Moore, Daniel J. Morrell, Samuel P. Jlorrill, 
Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, 
Palmer, Peters, Phelps, Poland, Pomeroy, Prosser, 
Roots, Sanl'ord, Sargent, Sawyer, Sehenck, Scoiield, 
Shanks. Liouel A. siicldon, I'orter Sheldon. John A. 
Smith, William J.Smith, Wortliington t:. Smith, Wil- 
liam Smyth, Starkweather, Stevens, Stevenson. Stokes, 
Stou;jrhton, .sti-iekland. Strong, Tatfe, Tanner, Towns- 
end, 'J'lvieliell. Tvner, l^pson, Van Iforn. C.uhvaladcr 
C. Wa-^hlMirn, Welker. Wheeler, li. F. Whittemore, Wil- 
kinson. William Williams, John T. Wilson, Winuns — 
l:il. 



RKSTORATION OF GEORGIA. 



611 



Nats — Mossrs. Adavis. Archer. Axtcfl. Beck. Biqtjs. 
Binglium, Bird. Calhn, Cox. Creli.s. IiiekinDon, Dot. Eld- 
ridge. Farnswoi'tli Gctz. Greene. Griswnld, Haldeman, 
Hamtilcton. Ilatnill. Hnwkins Hulmnn. Johnsnn. Thomns 
L. Jnnes. Kerr. Knott. MnrslinU. Mnyham. McConniek, 
McKeeti/. Morgan. Mangeii. Kiblack'. Potter, Randall, 
Rceccs, Bice. Roricrs, Joseph S. Smith, Stone, Strader, 
Strann. Siveenei/. Trimble Vnn Trump. Voorhees. Wells, 
Eugene if. Wilson, Winchester, Witcher, H'oorfward— 51. 

Previous Votes. 

In Senate. 

18G9, December 17 — Mr. Morton moved to 
strike out the eighth section of the bill as reported 
from the Judiciary Committee, which was in 
these words: 

"That the Legislature of Georgia shall be re- 
garded as provisional only, until the further 
action of Congress," 

And to insert the section as in the text of the 
bill, which was agreed to — yeas 38, nays 15, as 
follows : 

Yea.s — Messrs. Abbott, Brownlow, Buckingham, Cat- 
fell, Chandler, t;ole, Cragin, Drake, Fenton, Gilbert,. 
Hamlin, Harlan, Harri.'s, Howard, Kellogg, McDonald, 
Morrill of Maine, Morrill of Vermont, Morton. Nye, 
Osborn, Patterson, Pomeroy, Pratt. Ramsey, Robert- 
son, Ross, Sawyer. Schiirz. Scott, Sherman, Spencer, 
Stewart, Sunmer, Thayer, Warner, Williams, Wilson — 
38. 

Nats. — Messrs. 5rtJ/ar J. Carpenter. Ois.ser^;/,Conkling, 
Corbett, Davis. Fowler, William T. Hamilton, Norton, 
Rice, Saulsbury. Stockton, Tkurman, Vickers, Willey — 1.5. 

A few nnimportant changes were made, and 
the bill passed both Houses, as above. 

An act relating to the State of Georgia. 

Be it enacted, d-c. That the State of Georgia, 
having complied with the reconstruction acts, 
and the XlVlh and XVth articles of amend- 
ments to the Constitution of the United States 
naving been ratified in good faith by a legal 
legislature of said State, it is hereby declared 
that the State of Georgia is entitled to represent- 
ation in the Congress of the United States But 
nothing in this act contained shall be construed 
to deprive the people of Georgia of the right to 
an election for members of the general assembly 
of said State, as provided for in the constitution 
thereof. 

Sec. 2. That so much of the act entitled "An act 
making appropriations for the support of the 
arm^' lor the year ending June 30, 18(i8, and for 
other purposes," approved March 2, 1867, as pro- 
hibits the organi;4ati()n, arming, or calling into 
service of the militia forces in the States of 
Georgia, Mississippi, Texas, ami Virginia, be, and 
the same is hereby, repealed ; and nothing in this 
or any otlier act of Congress shall be construed 
to ati'ect the term to which any officer has been 
appointed or any member of the general assem- 
bly elected, as prescribed by the constitution of 
the Statrj of Georgia, 

Approved July 15, 1870. 

This act, being the report of the committee of 
conference, was adopted in both houses without 
a division July 14, 1870. 

Previous Votes. 

In House. 
1870, February 25— Mr. B. F. Butler, from the 
Committee on Reconstruction, reported a bill for 



the restoration of Georgia, similar in terms to 
the Mississippi and Texas bills, (for which see 
chapter LV.) 

Mr. Bingham moved to add the following 
proviso: 

Provided, That nothing in this act contained 
shall be construed to vacate any of the offices 
now filled in the State of Georgia, either by the 
election of the peojile, or by the appointment of 
the governor thereof, by and with the advice and 
consent of the senate of said State; neither shall 
this act be construed to extend the official terra 
of any officer of said State beyond the term lim- 
ited by the constitution thereof, dating from the 
election or appointment of such officer; nor to 
deprive the people of Georgia of the right, under 
their constitution, to elect senators and represent- 
atives of the State of Georgia in the year 1870, 
but said election shall be held in the year 1870, 
either on the day named in the constitution of 
said State or such other day as the present legis- 
lature may designate by law. 

Which was agreed to — j^eas 115, nays 71, as 
follow : 

Yeas — Messrs. Adams. Allison, .Ambler. ^Irc^ier, Axtell, 
Banks, Beaman, Beatty, Beck, Biggs, Bingham, Bird, 
Bhiir, Booker, Burchard, Burr, Calkin. Churehin, Cleve- 
land, Coburn, Cook, Cox, Crehs. Cullom. Dawes, Dickin- 
son. Dockery. Dox, Duval. Eldridyc. Farnsworth. Ferriss, 
Ferry, Finkelnburg, Garfield, 'Gci:. Griswold. Haiqht, 
Haldeman, Hale, Hambloton, IJavU'L Hawkins, Hawley, 
Hay, Heaton, Hill, Holman, Ingersoll. Jenckes, Johnson, 
Thomas L.Jones, indd, Kellogg, Kerr, Keteham, Knott, 
Laflin, Logan, ilarslvdl. Mar/ham, McCarthy. McCormick, 
McCrary, McKeniie. McNeely, Milnes, Eliak'im II. Moore, 
Jesse 11. Moore, A'iblack. C>rth, Packard. Packer, Piatt, 
Pomeroy, }\rtlrr. Randall, Reading, Reeves, Rice, Rogers, 
Sargent. Schenck, Schumaker, Slierrod, Slocum, John A. 
Smith, Worthington C. Smith. Starkweather, Stiles, 
Stone, Strader. Strong, Swann. Tatfe, Tanner, Trimble, 
Tvner, Van Auken. Van Trump, Voorhees, Cadwalader 
C." Washburn, William B Washburn, Welker, Wells, 
Wheeler, Wilkinson, Willard, Williams, ^Kjyene M. Wil- 
son, John T. Wilson, Winans, Witcher, Wood, Woodward 
—115. 

Nay.s — Messrs. Arnell,Asper,Atwood,Ayer,Benjamin, 
Boles. Bowen, Boyd, George M. Brooks, Buck, Buck- 
ley, Bnfhnton, Burdett, Benjamin F. Butler, Roderick 
R. Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton 
L. Cobb, Conger, Covode, Davis, Dickey, Donley, Fish- 
er.Gilfillan, Hamilton, narris,Hays,Heflin, Hoar, Hoge, 
Hooper, Hotehkiss, Alexander Xi. Jones, Julian, Kelley, 
Kivapp, La.xh, Lawrence, Lough ridge, Maynard, Mc- 
Kee, Mercur, William Moore, Morrell, Morrill, Myers, 
Negley, O'Neill, Paine, Palmer, Perce, Phelps, Prosser, 
Roots, Sanford, Sawyer, Shanks, William J. Smith, 
William Smyth, Stevenson, Stokes, Stoughton, Strick- 
land, Tillman, Townsend, Twichell, Upson, Van Horn 
—71. 

The bill was then passed — yeas 125, nays 65, 
as follow : 

Yeas — Messrs. Alli,«on, Ambler, Arnell, Asper, At- 
wood, Ayer, Banks, Beamau, Beatty, Benjamin, Bing- 
ham, Blair, Boles, Booker, Bowen, Boyd, George M, 
Brooks, Buck, Buckley, Buffinton, Burchard, Burdett. 
Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, 
Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Co- 
burn, Cook, Conger, Cullom, Davis, Dawes, Dickey, 
Doekery, Donley, Duval, Ferriss, Ferry, Finkelnburg, 
Fisher, Garfield, GilfiUan, Hale, Hamilton, Harris, 
Hawley, Hay, Heaton. Heflin, Hill, Hoar, Huge, Hooper, 
Hotchkiss, Ingersoll, Jenckes, Alexander H. Joner , 
Judd, Julian, Kelley, Kellogg. Keteham, Knapp, Laf- 
lin. Lash, Ijawrenee, Logan, lloughridge. Lynch, Mc- 
Carthy, McCrary, McKenzie, Mereiir, Eliakim H. Moore, 
Jesse H. Moore, William Moore, Morrell, Morrill, Myers, 
Negley, O'Neill, Orth, Packard, Packer, Paine, Phelps, 
Piatt, Pomeroy, Prosser, Roots, Sanford, Sargent, Saw- 
yer, Schenck, Seofield, Shanks, John A. Smith, William 
J. Smith, Worthington C.Smith, William Smyth, Stark- 
weather, Stokes, Stcnighton, Strickland, Strong, Till- 
man, Townsend, Twifdiell, Tyner, Upson, Van Horn, 
Cadwalader C. Washburn, William B. Washburn, W«l» 



612 



POLITICAL MANUAL. 



kor, Whpelcr, Wilkinson. 'VTillard, Williams. John T. 
■Wilson. Winans. Witcher — lii. 

Nats — Me.«.«rs. Aiiaiim. Arrher, Artell, Brrk. Bicitja. 
Bird, Burr. Calkin, Cleveland, Cox, Crihs. Dicl.iuson. box, 
Hldridfje. Getz. Grisnold. Unif/ht Ihikhmnn, llnmhletnn, 
Hamill. Hawkins. Holmnn. Johnson. Thotnna L Jonrs, 
Kerr, Knott. Marshnlt, Mnyhnm, McCorniick, McIS'f-chi, 
Milnes SSihlnck, Potter, liandnll. Reading, Reeves. Rice, 
Rogers. Sclnunaker, Shcrrod, iSlocum. Stevenson, Stiles, 
Stone. St' (idcr, Swnnn. Tixunev, Trimble. \'an Anhen. Van 
Trump. Vourhees, Wells, Eugene M, Wilson, Wood, Wood- 
ward — 55. 

In Senate. 

1870, March IS^Mr. Morton moved to amend 
by inserting at the end of the bill as follows: 

Sec. 2. That so much of the act entitled "An 
act making appropriations for the support of the 
army for the year ending Juno 30, 1868, and for 
other purposes," approved March 2, 1807, as pro- 
hibits the organization, arming, or calling into 
service of the militia forces in the State of Geor- 
gia, be, and the same is hereby, repealed. 

Which was agreed to. 

April 14 — Mr. Williams moved to strike out 
the last clause of the Bingham proviso and in- 
sert as follows: 

Frovided further, That the next election for 
members of the general assembly of said State 
Bhall be held on the Tuesday after the first Mon- 
day of November, A. D. 1872, and the last clause 
of the second subdivision of the 1st section of the 
Illd article of said constitution, in the following 
words: "The general assembly may, by law, 
change the time of election, and the members 
shall hold until their successors are elected and 
qualified," shall never be by any legislature ex- 
ercised so as to extend the term of any ofBce 
beyond the regular period named in the said 
constitution ; and the said general assembly shall, 
by joint resolution, consent to this proviso as a 
fundamental condition before this act shall take 
effect. 

Which was disagreed to — yeas 24, nays 25, as 
follow : 

Yeas — Messr.i. Abbott.. Ames, Boreman, Chandler, 
Cole, Drake, Fenton, Flanajjan, Gilbert, Hamilton of 
Texas, Howard. Howell, Lewis, Nye. Osborn, Ramsey, 
Rice, Spencer, Stewart, Sumner, Thayer, Warner, Wil- 
liams, Wil.son — 24. 

Nays — Messrs. Anthony, Buckingham. Carpenter. Ois- 
terly, Corbett. D'lvis, F"erry. Fowler, William T. Hamilton, 
Howe. Johnston, McCieery, Morrill of Maine, Morrill of 
Vermont, Patterson, Pratt, Sehiirz, Scott, Sherman, 
Sprague, Stockton, Tipton, Trumbull, Vickers, Willey — 
25. 

April 19 — Mr. Wilson moved to strike out the 
Bingham proviso, and to insert, "That in conse- 
quence of the failure of the general assembly of 
Georgia to effect a legal organization for a pe- 
riod of over eighteen months it be, and hereby 
is, declared that the term of service of the said 
general assembly as now organized shall date 
from the 26th of January, 1870, and shall con- 
tinue until the persons to be chosen on tlie 
Tuesday after the 1st Monday of November, 
1872, as members of the general assembly of said 
State, are qualified: Provided, That the last 
clause of the second subdivision of the first sec- 
tion of the third article of the constitution of 
Georgia, in the following words: 'The general 
assembly may by law change the time of elec- 
tion, and the members shall hold until their suc- 
cessors are elected and qualified,' shall never be 
by any legislature exercised so as to extend the 
term of any office beyond the regular period 



named in the said constitution; and the said 
general assembly shall, by joint resolution, con- 
sent to this fundamental condition before this 
act sliall take effect." 

Mr. Fomeroy moved to amend the amendment 
of Mr. Wilson by striking out all after the word 
"that" in the first line and inserting as follows: 
"The existing government in the State of Geor- 
gia is hereby declared to be provisional; and 
the same shall continue subject to the provision.s 
of the acts of Congress of March 2, 1867, and 
March 23, 1867, and of July 19, 1867, until the 
admission of said State, by law, to representation 
in Congress; and for this purpose the State of 
Georgia shall constitute the tliird military dis- 
trict. 

"Sec. 2. That in accordance with the provis- 
ions of, and under the powers and limitations 
provided in, said acts, an election shall be held 
in said State on the 15th day of November, 
1870, for all the members of the general assem- 
bly of said State provided for in the constitution 
of said State, adopted by its convention on the 
11th day of March, 1868, at which election all 
persons who by said constitution are electors 
shall be entitled to vote. And said general as- 
sembly, so elected, shall assemble at the capitol 
of said State, on Tuesda3^ the 13th day of De- 
cember, 1870, and organize, preparatory to the 
admission of the State to representation in Con- 
gress ; and the powers and functions of the 
members of the existing general assembly shall 
cease and determine on the said 13th day of 
December, 1870." 

Mr. Pomeroy's amendment was agreed to — 
yeas 37, nays 24, as follow ; 

Yeas— Messrs. Abbott, Ames, Anthony, Buckingham, 
Carpenter, Cisscrly, Cole. Corbett, Cragin, Davis, Ed- 
muniis. Ferry, Fowler, Hamilton o{ Maryland, Hamlin, 
Harlan, Howe. Kellogg, McOrtery, Morrill of Maine, 
Morrill of Vermont, Patterson. Pomeroy, Pool, Pratt, 
Roliertson, Saulsbnry. Sawyer. .Schurz. Scott. Sherman, 
Stockton, Thurman, Tipton,"TrumliuII, Warner, Willey — 
37. 

Nats — Messrs. Boreman, Brownlow, Drake, Fenton, 
Flanagan, Hamilton of Texas, Harris, Howard, Howell, 
McDonald. Slorton. Nye. Osborn. Kumsey, Revels. Rice, 
Ross, Spencer. Stewart, Sumner, Thayer, Williams, 
Wil.son, Yates — 24. 

Mr. Wilson's amendment as amended was 
agreed to — yeas 36, nays 23, as follov/: 

Yr.ts — Messrs. Abbott, .4mes, Anthony, BrownloWi 
Buckingham, Carpenter, Casserbj, Cole, Corbett, Davis, 
Edmunds, Ferry, Fowler, J/amiiton of ^laryland, Ham- 
lin, Harlan. Howe, Kellogg. McOeery, Morrill of Maine, 
Morrill of Vermont, Patterson. Pomeroy, Pool, Pratt, 
Robertson, Sau'sbury, Sawyer, Schurz, Scott, Sherman, 
Stockton, Thurman, Tipton, arner, Willey — ."id. 

N<VH — Messrs. Boreman, Drake. Fenton, Flanagan, 
Hamilton of Te,\as, Harris, Howard. Howell, McDonald, 
Morton, Nye, Oshorn. Kevels, Rice. Ross. Spencer, 
Stewart, Sumner. Thayer, Trumbull, Williams, Wilson, 
Yates— 23. 

Mr. W^ilson then moved to postpone the bill 
indefinitely; which was disagreed to — yeas 23, 
nays 39, as follow : 

Yea.s — Messrs. Boreman, Chandler, Drake, Fenton, 
Flanagan. Hamilton of Tc.x.-is, Ilarri-s, How.ird, Howell. 
McDonald, Morton, Nye, Osborn, Ram.sey, Revels, Rice. 
Spencer, Stewart, Sunmer, Thayer, Williams, Wilson, 
Yates — 23. 

Nats— Messrs. Abbott, Ames, Anthony, Brownlow, 
Buckingham, Carpenter, Cas.serhi. Colo. Corbett, Cra- 
gin, Davis, Edmunds. Ferry, Fowler, Hamilton of Ma- 
ryland, Hamlin, Harlan, HoWc, Kellogg, MrCrr.cry, !\Ior- 
rill of Maine, Morrill of Vci-nmnt, Patterson, Pomeroy, 
Pool, Pratt, Robertson, Ross, i'aiii»(>ii/,!/,!?awyei, Schurz, 



RESTORATION OF GEORGIA. 



613 



Scott, Sherman, Stockton, Thurnan, Tipton, Trumbull, 
Warner, Willey— 39. 

Mr. Pomeroy moved further to amend by strik- 
ing out all of the bill except the amendment just 
adopted ; which was agreed to — yeas 38, nays 23, 
as follow: 

Yeas— Messrs. Abbott, Ames, Anthony, Brownlow, 
BucUint^ham Carpenter, Casserly, Cole, Corbett, Cragin, 
jDidK.s Drake, Edmunds, Ferry, Fowler, Hamilton of 
Maryland, Hamlin, Harlan, Howe, Kellogg, Mr.Creery, 
Morrill of Maine, Monill of Vermont. Patterson, Potu- 
eroy, Pool, Pratt, Hobertson, .v<(u/s6(ir.y. .Sawyer, Schurz, 
Scott, Sherman, S!ochloii, Tipton, Trumbull, Warner, 
Willey-3S. 

Nays — Messrs. Boreman, Chandler, Fenton, Flana- 
gan, Hamilton of Texas, Harris, Howard, Howell, Mc- 
Donald, Morton, Nye, Osborn, Hamsey, Revels, Rice, 
Ross, Spencer, Stewart, Sumner, Thayer, Williams, 
Wilson, Vates— 2.5. 

Mr. Drake moved to add the following section : 

Sec. — . That whenever it shall ai)pear to the 
President, from an ap[ilication by the legislature 
of any State, or by the governor of such State 
when the legislature cannot be convened, that 
there exist in such State organizations or combi- 
nations of men engaged in tlie perpetration of 
acts of violence against the persons or property 
of others, or in obstructing the due execution of 
the laws of such State, and that the government 
of such State is unable to suppress the perpetra- 
tion of such acts of violence or obstruction, the 
county or district wherein such organizations or 
combinations exist shall be considered as in a state 
of rebellion, and it shall be the duty of the Presi- 
dent to send in to such county or district such num- 
ber of the troops of the United States as may be 
necessary for the suppression of such acts of vio- 
lence or obstruction and the subjugation and dis- 
jiersion of such organizations and combinations : 
and the officer commanding such troops, upon 
arriving in such county or district, shall declare 
martial law over the same, with suspension of the 
writ of habeas corpus, if such declaration and sus- 
pension be authorized by the President, and in 
that case shall take all measures known to mar- 
tial law for the suppression of such organizations 
and combinations and the punishment of parties 
engaged therein, and shall hold and maintain 
military jurisdiction over all persons arrested by 
his order until their cases shall be finally disposed 
of; and shall proceed to levy upon and collect 
from the inhabitants of such county or district a 
sum of money sufficient to pay the expenses of 
the transportation of such troops from the point 
whence they were ordered to the point of their 
operations in such county or district, and all other 
expenses of his command, except pay and cloth- 
ing, while such command shall be there stationed 
for the purpose aforesaid. And this section shall 
apply to any case where the President may have 
heretofore sent a military force into any State, 
upon the request of the legislature or governor 
tliereof, for the suppression of domestic violence. 
And if the army of the United States shall be so 
stationed or employed as that it cannot, in the 
judgment of the President, be advantageously 
used for this service, he shall call out and organize 
a sufficient number of the militia of States which 
iiave not at any time been in armed hostility to 
the United States to accomplish such suppression; 
and the provisions of this sect-ion shall apply to 
the militia so called out and organized. 

Air. Hamlin moved to strike out all of this 
amendment after the word " combinations" in the 



19th line; which was agreed to — yeas 32, nays 
24, as follow : 

Yeas — Messrs. Anthony, Boreman, Buckingham, Car- 
penter, C'asspr(v, Cole, Cragin. /)ayM', Edmunds, Ferry, 
Fowler, Ilamiiion o\ Maryland. Hamlin, Harlan. Howe, 
Howell. Morrill of Maine. "Morrill of Vermont, Pomeroy, 
Pratt, Robertson, Saulshury, Sawyer, Schurz, Scott, 
Sherman, Stewart, ISiockton, Thurman, Tipton, Trum- 
bull, Willey— 32 

Nats — Messrs. Abbott, Ames, Brownlow, Chandler, 
Corbett, Drake, Flanagan, Hamilton of Te.xas, Harris, 
Howard, McDonald, Nye. Osborn, Pool, Ramsey, Revels, 
Rice, Ross, Spencer, Sumner, Thayer, Warner, Wilson, 
Yates— 24. 

Mr. Drake then asked and obtained consent to 
withdraw the remainder of his amendment. 

Mr. Drake then moved to amend by inserting 
the following additional section: 

Sec. — . That whenever it shall appear to the 
President, from an application by the legislature 
of any State, or by the governor of such State 
when the legislature cannot be convened, that 
domestic violence prevails in any city, county, 
or municipal organization in such State, tha': 
cannot be suppressed by the local authorities, it 
shall be the duty of tlie President to suppress 
such domestic violence; and for that purpose he 
is hereby authorized to suspend the privilege oi 
the writ of habeas corpus within the limits oi 
such municipalit3^ and to employ the militar}' 
force of the United States, and any portion of the 
militia of any State he may deem necessary, and 
to exercise all such powers and inflict such pun- 
ishment as may by the laws or the rules ana 
articles of war be exercised or inflicted in caso 
of insurrection or invasion. 

Which was disagreed to — yeas 30, nays 31, a-i 
follow : 

Yeas — Messrs. Abbott, Ames, Brownlow, Chandler, 
Cragin, Drake, Fenton, Flanagan, Hamilton of Texas, 
Harris, Howard, Kellogg, McDonald, Morton, Nye, Os- 
born, Pool, Pratt, Ramsey, Revels, Rice, Robertson, 
Sherman, Spencer, Stewart, Sumner, Thayer, Warner, 
Wilson, Yates— 30. 

Nays — Messrs. Anthony, Boreman, Buckingham, 
Carpenter, Casserl//, Cole, Corbett, Davis, Edmunds, 
Ferry, Fowler, Ilamilton of Maryland, Hamlin, Harlan, 
Howe, Howell, McCreery, Morrill of Maine, Morrill of 
Vermont, Pomeroy, Ross, Saulsbury, Sawyer, Schurz, 
Scott, Stockton, Thurman, Tipton, Truinbull, Willey, 
Williams— 31. 

The same section was again proposed, modified 
at the suggestion of Mr. Sherman, as follows: 

Sec. — . That whenever it shall appear to the 
President, from an application by the legislature 
of any State, or by the governor of such State 
when the legislature cannot be convened, that 
domestic violence prevails in any city, county, 
or municipal organization in such State, that 
cannot be suppressed by the local authorities, it 
shall be the duty of the President to suppress 
such domestic violence, and for that purpose he 
is hereby authorized to employ the military force 
of the United States, and any portion of the mil- 
itia of any State he may deem necessary, and to 
exercise all such powers and inflict such punish- 
ment as may by the laws or the rules and arti- 
cles of war be exercised or inflicted in case of 
insurrection or invasion. 

Which was agreed to — yeas 32, nays 26, as 
follow : 

Yeas— Messrs. Abbott, Ames, Chandler, Drake, Fen- 
ton, Flanagan, Hamilton of Texas, Hamlin, Harlan, 
Harris, Howard, McDonald, Morton, Nye, Osborn, Pat- 
terson, Pool, Pratt, Ramsey, Revels, Rice, Robertson, 
Scott, Sherman, Spencer. "Stewart, Sumner, Thayer, 
Warner, Williams, Wilson. Yates — 32. 

Nays — Messrs. Anthony, Boreman, Buckingham, Car- 



614 



POLITICAL MANUAL. 



penter, Cnsserh/, Cole, Corbett, Davis, Edmunds, Ferry, 
Fowler, Hamilton of Maryland, Howo, Howell, Mc- 
Creei-y. Blorrill of ]Maine, Morrill of Vermont, Ponieroy, 
Ross, Saulsbury, Sawyer, Stockton, Thurman, Tipton, 
Trumbull, Willey— JO. 

Mr. Pomeroy moved to amend the preamble 
to read as follows : 

Whereas great irregularities have been prac- 
ticed in the organization of the Legislature in 
the State of Georgia, both in its first organiza- 
tion and in the expulsion of certain members, as 
well also as in its reorganization since the act 
of December last: Therefore, 

Which was agreed to. 

Mr. Edmunds moved to insert at the end of 
Mr. Drake's amendment the words " but the 
provisions of tliis section shall not be construed 
to suspend the writ of habeas corpus." 

Which was disagreed to — yeas 29, nays 30, as 
follow : 

Yeas— Messrs. .Anthony, Buokingham, Carpenter, Cas- 
ierly. Cole, Davis, Kdnnmd.s, Ferry, Fowler, Hamilton of 
Maryland, Hamlin, Howe, Howell, HcCreery, Morrill of 
Maine. Morrill of Vermont, Patterson, Pomeroy, Ross, 
Saulsbury, Sawyer, Sehurz, Scott, Stockton, Tlmrman, 
Tipton, Trumbull, Willey, \Villiams— 29 

Nays — Messrs. Abbott, Ames, Boreman, Chandler, 
Corbett, Cragin, Drake, Fenton, Flanagan, Hamilton of 
Texas, Harris, Howard, McDonald, Morton, Nye, Os- 
born, Pool, Pratt, Ramsey, Revels, Rice, Robertson, 
Sherman, Spencer, Stewart, Sumner, Thayer, Warner, 
Wilson, Yates— 30. 

Mr. Pomeroy moved to insert the following 
additional section : 

Sec. — . That so much of the act entitled "An 
act making appropriations for the support of the 
army for the year ending June 30, 18G8, and for 
other purposes," approved March 2, 1867, as pro- 
hibits the organization, arming, or calling into 
service of the militia forces in the State of Georgia 
be, and the same is hereby, repealed. 

Which was agreed to — yeas 48, nays 9, as 
follow : 

Yeas — Messrs. Abbott, Ames, Anthony, Boreman, 
Buckingham, Carpenter, Chandler, Cole, Corltett, 
Drake, Edmunds, Fenton, Ferry, Flanagan, Hamilton 
of Texas, Harris, Howard, Howell, Kellogg, McDonald, 
Morrill of Maine, Morrill of Vermont, Morton, Nye, 
O.-sborn, Patterson, Ponieroy, Pool, Pratt, Ramsey, 
Revels, Rico, Robertson, Ros.s, Schurz, Scott, Sherman, 
Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, 
Uarner, Willey, Williams, Wilson, Yates— 48. 

Nays — Messrs. Casserly, Fowler, IlamilloH of Maryland, 
Uamlin,Howe, SlcCreerij, Saulsburi/, Sawy or, Stockton — 9. 

The bill then passed — yeas 27, nays 25, as 
follow : 

Yeas- Messrs. Ames, Anthony. IJuckingliam, Car- 
penter, Cole, Corbett, Cragin, Edmunds, Ferry, Ham- 
lin, Howe, Kellogg, Morrill of .Maine, Morrill of Ver- 
mont, Patterson, Pomeroy, Pool, Pratt, Robertson, 
Ross, Sawyer, Schurz, Seott, Sherman, Tipton, Warner, 
Willey-27. 

Nays — Messrs. Boreman, Chandler, Drake, Fenton, 
Flanagan, Fowler, Hamilton of Texas, Ilarris, Howard, 
Ilowcjl. McDonald, Morton, Nye, Osborn, Ram.sey, 
Revels, Kice, Spencer, Stewart, Sumner, Thayer, Trum- 
bull. Williams, Wilson, Yates — 25. 

The bill, as finally passed, stood as follows: 
Whereas great irregularities have been prac- 
ticed in the organization of the legislature in 
the State of Georgia, both in its first organiza- 
tion and in the expulsion of certain members, .as 
well also as in its reorganization since the act 
of December last: Therefore, 

Be it enacted, (fee, That the existing govern- 
ment in the State of Georgia is hereby declared 
to be provisional; and the same shall continue 
subject to the provisions of the acts of Congress 
of March 2, 18G7, and March 23, 1867, and of 



July 19, 1SG7, until the admission of said State, 
by law, to representation in Congress ; and for 
this purpose the State of Georgia shall constitute 
tiie third milatary district. 

Sec. 2. That in accordance with the provis- 
ions of, and under the powers and limitations 
provided in, said acts, an election shall be held 
in said State, commencing on the 15th of No- 
vember, 1870, and continuing as the President 
may designate, for all the members of the gen- 
eral assembly of said State provided for in the 
constitution of said State, adopted by its con- 
vention on the 11th day of March, 1868; at 
which election all persons who by said consti- 
tution are electors shall be entitled to vote. 
And said general assembly so elected shall as- 
semble at the capitol of said State, on Tuesday, 
the 13th day of December, 1870, and organize 
preparatory to the admission of the State to 
representation in Congress; and the powers and 
functions of the members of the existing gen- 
eral assembly sliall cease and determine on the 
said 13th day of December, 1870. 

Sec. 3. That whenever it shall appear to the 
President, from an application by the legislature 
of any State, or by the governor of such State 
when the legislature cannot be convened, that 
domestic violence prevails in anj- city, county, 
or municipal organization in sncli State, that can- 
not be suppressed by the local authorities, it shall 
be the duty of the President to suppress such 
domestic violence, and for that purpose he is Iiere- 
by authorized to employ the military force of the 
United States, and any portion of the militia of 
any State he may deem necessary, and to exer- 
cise all such powers and inflict such punishment 
as may by the laws or the rules and articles of 
war be exercised or inflicted in case of insurrec- 
tion or invasion. 

Sec. 4. That so much of the act entitled " An 
act making appropriations for the support of the 
army for the year ending June 30, 1868, and for 
other purposes," approved March 2, 1867, as pro- 
hibited the organization, arming, or calling into 
service of the militia forces in the State of Geor- 
gia be, and the same is hereby, repealed. 
In House. 

1870, June 24— Mr. B. F. Butler, from the 
Committee on Reconstruction, reported back the 
Senate amendment, with the recommendation that 
the bill previously reported by him be passed, with 
an addition to the 1st section, as follows: but 
nothing in tliis act shall be construed to deprive 
the people of Georgia of the right to elect mem- 
bers of the general assemldy of said State in the 
year 1870, as provided in the constitution of said 
State; and also the following additional section: 

Sec. 2. That so mucli of the act entitled "An 
act making appropriations for the supf)ort of the 
army for the year ending June 30, 1868, and for 
otlier pur[)Oses," approved JMarch 2, 1867, asjiro- 
liibits the organization, arming, or calling into 
service of the militia forces in the States of Geor- 
gia, ]\Iississippi, Texas, and Virginia, be, and the 
same is hereoy, repealed. 

Mr. Dawes moved to amend by substituting 
for tlie Senate amendment as follows: 

Sec. 1. That the State of Georgia, having com- 
plied with the reconstruction acts, and the XI Vtli 
and XVth amendments to the Constitution of 
the United States having been ratified in good 



EESTORATION OF GEORGIA. 



615 



faith by a legal legislature of said State, it is 
herel)y declared that the State of Georgia is enti- 
tled ■ to representation in the Congress of the 
United States. 

Sec. 2. That so much of the act entitled "An 
act making appropriations for the support of the 
army for the year ending June 30, 18G8, and for 
other purposes," approved March 2, 1867, as pro- 
hibits the organization, arming, or calling into 
service of the militia forces in the States of Geor- 
gia, Mississippi, Texas, and Virginia, be, and the 
same is hereby, repealed. 

Mr. Farnsworth moved to amend Mr. Dawes's 
substitute by inserting at the end of the 1st sec- 
tion as follows : 

But nothing in this act contained shall be con- 
strued to deprive the people of Georgia of the 
right to an election for members of the general 
assembly of said State in the year 1870, as pro- 
vided for in the constitution of said State. 

Mr. Dickey moved to amend Mr. Farnsworth's 
amendment by striking out the words "in the 
year 1870;" which was agreed to — yeas 122, 
nays 71, as follow: 

Yeas— Messrs. Allison, Ambler, Ames, Armstrong, Ar- 
nell, Asper, Atwood, Bailey, Banks, Barry, Benjamin, 
Bennett, Benton, Boles, Boyd, George M. Brooks, Buck, 
Buckley, ButRnton, Burchard, Burdett, Benjamin F 
Butler, Cessna, Churchill, William T. Clark, Sidney 
Clarke, Amasa Cobb, Clinton L. Cobb, Cohurn, Conger, 
Cook, Covode, Ciillom, Davis, Dawes, Degencr, Dixon, 
Donley, Dyer, Ela, Ferriss, Ferry, Fisher, Fitch, Gil- 
fillan, Hale, Hamilton, Harris, Hay, Hays, Heflin,Hi!l, 
Hoar, Hooper, Ingersoll, Alexander H.. Jones, Judd, Ju- 
lian, Kelley, Kels'ey, Ketcham, Knapp, Lash, Lawrence, 
Logan, Loughridge, Maynard, McCrary, McKee, Wil- 
liam Moore, Morphis, DanielJ.Morrell, Myers, Negley, 
Newsham, O'Neill, Packard, Packer, Paine, Palmer, 
Peek, Perce, Peters, Phelps, Piatt, Poland, Pomeroy, 
Porter, Prosser, Roots, Sanford, Sargent, Sawyer, Seo- 
field. Shanks, Lionel A. Sheldon, Porter Sheldon, Wil- 
liam J. Smith, William Smyth, Starkweather, Stevens, 
Stevenson, Stokes, Stoughton, Strong, Taffo, Taylor, 
Tillman, Twichell, Tyner, Van Horn, VanWyck, Wal- 
lace, Ward, Cadwalader C. Washburn, William B. 
Washburn, Welker, Wheeler. Whitmore, Wilkinson, 
Williams, John T. Wilson— 122. 

Nats — Messrs. Adams. Archer, Axtell, Beaman, Beatty, 
Seek, Biggs, Bingham, Bird, Blair, James Brooks, Burr, 
Calkin, Cleveland, Conner, Cox, Crebs, Dickinson, Doek- 
ery, Dox. Eldridge. Farnsworth, Finkeluburg, Garfield, 
Getz, Griswold, Haight, JIaldeman, Hambleton, H.awkins, 
Holman^ Jenckes, Johnson, Tlwmas L. Jones, Kellogg, 
Knott, Laflin, Lewis, Marshall, Matiham, McCormick, Me- 
Kenzie, McXeeli/, .Jesse H. Moore, Morgan, Morrissey, 
Mungen, Niblack, Orth, Potter, Reeves, Rice, Kogers, Schu- 
maker, Sherrod, Shober. Slocum. John A. Smiih, Joseph 
S. Smith, Stiles, Stone, Sweeney, Trimble, Upson, VanAu- 
ken. Van Tramp, Wells, Eugene M. Wilson, Winans, Wood, 
Woodward — 71- 

Mr, Farnsworth's amendment, as amended, 
was then agreed to — yeas 98, nays 90, as follow: 

Yeas— Messrs. ^dams. Allison, Ambler, ^rc/ier, Axtell, 
Beaman. Beatty, jBecA:. Benjamin, Bingham, Bird, hlair, 
Booker, James Brooks, Burchard, iJiirr, Calkin, Cleveland, 
Conner, Cook. Crebs, CaWnm, Dickinson, Dockery, Z)ox, 
Eldridge, Farnsworth. Ferris, Fei-ry, Finkelnburg, 
Fitch, Garfield, Getz, Griswold, IJaight. Haldeman, Hale, 
Hambleton, Hawkins, Hay, i/o/man, Ingersall, Jenckes, 
Johnson, Thomas L. Jones, Judd, Kellogg, Ketcham, 
Knott, ha^in, Lewis, Ijogan, Marshall, Mai/harn.McOirmick, 
McKenzie, McNcely, Jesse H. Moore, Morgan, I3aniel J. 
Morrell, Morrissey, Mungen, Ifiblack, (Jrth, Packard, 
Paine. I'eters, Poland, Potter, Reeves, Rice, Rogers. Sar- 
gent, Schumaker, Sherrod, Shober, Slocum, J chn A . Bmith., 
Joseph S. Smith, Starkweather, Stib's. Stone. Strong, 
iSwcenei/, Taffe, Trimble, Tyner, Upson, VanAuken, Van 
Trump. Cadwalder C.Washburn, WiTlinm B. Washburn, 
Wells, Williams, Eugene M. Wilson.Wimins, Wood. Wood- 
ward — 98. 

Nays— Messrs. Ames, Armstrong, Arnell, Asper, At- 
wood.Bailey.Barry.Bennett. Benton, Holes, G. M.Brooks, 
Buck, Buckley, Buffinton, Burdett. Benjamin F. Butler, 
Cessna, Chuixhill, William T. Clark, Sidney Clarke, 



Amasa Cobb, Clinton L. Cobb, Cobnrn, Conger, Covode, 
Davis, Dr wes, Degenor, Dixon, Donley, Dyer, I^la, Fish- 
er, Gilfiiian, Hamilton, Harris, Hays, Ileflin, Hill. Hoar 
Hooper, Alexander IL Jones, Julian, Kelley, ICelsey 
linapp, Lash, Lawrence, Loughridge, Maynard, Mc- 
Crary, McKeo, William Moore, Morphis, Riyers, Neg- 
ley, Newsham, O'Neill, Palmer, Peck, I'ercc, Phelps, 
Piatt, Pomerov. Porter. Prosser, Sanford. Sawver, Sco- 
ficld, Shanks,"Porter Sheldon, William J Sm"ith, Wil- 
liam Smyth, Stevens, Stevenson, Stokes, Stoughton, 
Strickland, Taylor, Tillman, Twichell, Van Horn, Van 
Wyek, Wallace. Ward, Welker, Wheeler, Whitmore, 
Wilkinson, John T. Wilson— 90. 

Mr. Lawrence moved to amend Mr. Dawes's 
substitute further by adding as follows ; 

Sec. — . That the State of Georgia is admitted 
to represent'ation in Congress as one of the States 
of the Union, upon the following fundamental 
conditions; 1st, that it shall never be lawful for 
the said State to deprive any citizen of the United 
States, on account of his race, color, or previous 
condition of servitude, of the right to hold office 
under the constitution and laws of said State, or 
upon any such ground to require of him any 
other qualifications for office than such as are 
required of all other citizens; 2d, that the con- 
stitution of Georgia shall never be so amended 
or changed as to deprive any citizen or class of 
citizens of the United States of the school rights 
and privileges secured by the constitution of said 
State. 

Which, on a division, was rejected — ^j'eas 48, 
nays 74. 

The amendment of Mr. Dawes was then sub- 
stituted for the Senate amendment without a 
division — making the bill to stand as follows: 

The State of Georgia having complied with the 
reconstruction acts, and the XlVth and XVth 
articles of amendments to the Constitution of the 
United States having been ratified in good faith 
by a legal legislature of said State, it is hereby 
declared that the State of Georgia is entitled to 
representation in the Congress of the United 
States. But nothing in this act contained shall 
be construed to deprive the people of Georgia of 
the right to an election for members of the gene- 
ral assembly of said State as provided for in the 
constitution thereof. 

Sec. 2. That so much of the act entitled "An 
act making appropriations for the support of the 
army for the year ending June 30, 1868, and for 
other purposes," approved March 2, 1867, as pro- 
hibits the organization, arming, or calling into 
service of the militia forces in the States of Geor- 
gia, Mississippi, Texas, and Virginia, be, and the 
same is hereby, repealed. 

In Senate. 
July 8. — The amendments of the House were 
non-concurred in, and a committee of conference 
asked, by the following vote: 

Yeas — Messrs. Abbott, Bayard, Buckingham, Car- 
penter, Casserly, Cole, Conkling, Corbett, Cragin, Fow- 
ler, Hamilton of Maryland, Hamlin, Harlan, Harris, 
Howe, Johnston, Kellogg, McCrecrry, Morrill of Vermont, 
Patterson, Pomeroy, Pratt, Ross. Saulsbury. Sawyer, 
Scliurz, Scott. Sprague, S'nckion, Thurman,Tramhu\l, 
Warner, Willey, Wilson — 34. 

Nats — Messrs. Ames, Boreman, Cameron, Chandler, 
Drake, Gilbert, Hamilton of Texas, Howard, Howell, 
Jjevvis, Morton, Nye, Pool. Ramsey, Rice, Robertson, 
Spencer, Stewart, Sumner, Thayer, Williams, Yates — '22. 

Mefsrs. Howard, Hamlin, and Thurman were 
appointed sucli committee on the part of the 
Senate, and Messrs. B. F. Butler, Farnsworth, 
and Paine on the part of the House, who report- 
ed the bill as passed above. 



LXI. 



MISCELLANEOUS. 



President's Message on European war and Ame- 
rican shipping. 

To the Senate and House of Representatives: 

Your attention is respectfully called to the 
necessity of passing an Indian appropriation bill 
before the members of Congress separate. With- 
out such appropriation Indian hostilities are sure 
to ensue, and with them sufferings, loss of life, 
and expenditures, vast as compared with the 
amount asked for. 

The latest intelligence from Europe indicates 
the imminence of a war between France and 
North Germany. In view of this a sound policy 
indicates the importance of some legislation tend- 
ing to enlarge the commercial marine of this 
country. 

The vessels of this country at the present time 
are insufficient to meet the demand which the 
existence of a war in Europe will impose upon 
the commerce of the United States, and I submit 
to the consideration of Congress that the inter- 
ests of the country will be advanced by the op- 
portunity to our citizens to purchase vessels of 
foreign construction for the foreign trade of the 
countrv. An act to this effect may bo limited in 
its duration to meet the immediate exigency. 

The foreign mail service of the United States 
is in a large degree dependent up-on the Bremen 
and Hamburg line of steamers. The Post Office 
Department has entered into contracts in writ- 
ing with the two companies above named, and 
with the Williams and Guion lines respectively 
for a regular and continuous service of two years. 

The only arrangement that could be made with 
the Inman and Cunard lines is temporary, and 
may be broken off at any time. The North Ger- 
man lines are first-class in point of speed and 
equipment, their steamers usually making the 
trip across the Atlantic in from twenty-four to 
thirty-six hours in advance of the Williams and 
Guion line. Should the North German steamers 
be blockaded or impeded by France, our postal 
intercourse with foreign nations will be greatly 
embarrassed, unless Congress shall interpose for 
its relief. 

I suggest to Congress the proprietj^ of further 
postponing the time for adjournment, with the 
view of considering the questions herein commu- 
nicated. U. S. Grant. 
Washington, D. C, July 15, 1870. 
This message was sent to Congress too late for 
insertion in the chapter of President Grant's 
messages. 

AN ACT to amend the naturalization laws and 
to punish crimes against the same- 

Be it cnaefed, Ae , That in all cases where any 
oath, affirmation, or afiidavit shall be made or 
taken under or by virtue of any act or law re- 
lating to the naturalization of aliens, or in any 



proceedings under such acts or laws, and any 
person or persons taking or making such oath, 
affirmation, or affidavit, shall knowingly swear 
or affirm falsely, the same shall be deemed and 
taken to be perjury, and the person or persons 
guilty thereof shall upon conviction thereof be 
sentenced to imprisonment for a term not exceed- 
ing five years and not less than one j'ear, and to 
a Ime not exceeding $1,000. 

Sec. 2. That if any person applying to be ad- 
mitted a citizen, or appearing as a witness for 
any such person, shall knowingly personate any 
other person than himself, or falsely appear in 
the name of a deceased person, or in an assumed 
or fictitious name, or if any person shall falsely 
make, fcra;e, or counterfeit any oath, affirmation, 
notice, atfidavit, certificate, order, record, signa- 
ture, or other instrument, paper, or proceeding re- 
quired or authorized by any law or act relating 
to or providing for the naturalization of aliens; 
or shall alter, sell, dispose of, or use as true or 
genuine, or for any unlawful purpose, any false, 
forged, ante-dated, or counterfeit oath, affirma- 
tion, notice, certificate, order, record, signature, 
instrument, paper, or proceeding as aforesaid ; or 
sell or dispose of, to any person other than the 
person for whom it was originally issued, any 
certificate of citizenship or certificate showing 
any person to be admitted a citizen; or if any 
person shall in any manner use, for the purpose 
of registering as a voter, or as evidence of a right 
to vote, or otherwise, unlawfully, any order, cer- 
tificate of citizenship, or certificate, judgment, or 
exemplifications showing such person to be ad- 
mitted to be a citizen, whether heretofore or 
hereafter issued or made, knowing that such 
order or certificate, judgment, or exemplifica- 
tion has been unlawfully issued or made; or 
if any person shall unlawfully use, or attempt 
to use, any such order or certificate, issued to or 
in the name of any other person, or in a ficti- 
tions name, or the name of a deceased person; 
or use, or attempt to use, or aid, or assist or 
participate in the use of any certificate of citi- 
zenship, knowing the same to be forged, or coun- 
terfeit, or ante-dated, or knowing the same to 
have been procured by fraud, or otherwise un- 
lawfully obtained ; or if any person, and without 
lawful excuse, shall knowingly have or be pos- 
sessed of any false, forged, ante-dated, or coun- 
terfeit certificate of citizenship, purporting to 
have been issued under the provisions of any 
law of the United States relating to naturaliza- 
tion, knowing such certificate to be false, forged, 
ante-dated, or counterfeit, with intent unlaw- 
fully to use the same; or if any person shall 
obtain, accept, or receive any certificate of citi- 
zenship known to such person to have been pro- 
cured by fraud or by the use of any false name, 
or by means of any false statement made with 

616 



MISCELLANEOUS. 



617 



intent to procure, or to aid in procuring, the 
issue of such certificate, or known to such per- 
son to be fraudulently altered or ante-dated ; or 
if any person who has been or may be admitted 
to be a citizen shall, on oath or affirmation or 
by affidavit, knowingly deny that he has been 
BO admitted, with intent to evade or avoid any 
duty or liability imposed or required by law, 
every person so offending shall be deemed and 
adjudged guilty of felony, and, on conviction 
thereof, shall be sentenced to be imprisoned and 
kept at hard labor for a period not less than one 
year nor more than five years, or be fined in a 
sum not less than $300 nor more than $1,000, or 
both such punishments may be imposed, in the 
discretion of the court. And every person who 
ehall knowingly and intentionally aid or abet 
any person in the commission of any such fel- 
ony, or attempt to do any act hereby made 
felony, or counsel, advise, or procure, or attempt 
to procure, the commission thereof, shall be liable 
to indictment and punishment in the same man- 
ner and to the same extent as the principal party 
guilty of such felony, and such person may be 
tried and convicted thereof without the previous 
conviction of such principal. 

Sec. 3. That any person who shall knowingly 
use any certificate of naturalization heretofore 
granted by any court, or which shall hereafter 
be 'granted, which has been or shall be procured 
through fraud, or by false evidence, or has been 
or shall be issued by the clerk, or any other offi- 
cer of the court, without any appearance and 
hearing of the applicant in court, and without 
lawful authority, and any person who shall 
falsely represent himself to be a citizen of the 
United States, without having been duly admit- 
ted to citizenship, for any fraudulent purpose 
whatever, shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof in due 
course of law, shall be sentenced to pay a fine of 
not exceeding $1,000, or be imprisoned not ex- 
ceeding two years, either or both, in the discre- 
tion of the court taking cognizance of the same. 

Sec. 4. That the provisions of this act shall 
apply to all proceedings had or taken, or attempt- 
ed to be had or taken, before any court in which 
any proceeding for naturalization shall be com- 
menced, had, or taken, or attempted to be com- 
menced; and the courts of the United States shall 
have jurisdiction of all offenses under the pro- 
visions of this act, in or before whatsoever court 
or tribunal the same shall have been committed. 

Sec. 5. That in any city having upward of 
twenty thousand inhabitants, it shall be the 
duty of the judge of the circuit court of the 
United States for the circuit wherein said city 
shall be, upon the application of two citizens, to 
appoint in writing, for each election district or 
voting precinct in said city, and to change or 
renew said appointment as occasion may require, 
from time to time, two citizens resident of the 
district or precinct, one from each political party, 
who, when so designated, shall be, and are 
hereby, authorized to attend at all times and 
places fixed for the registration of voters, who 
Deing registered would be entitled to vote for 
representative in Congress, and at all times and 
places for holding elections of representatives 
in Congress, and for counting the votes cast at 



said elections, and to challenge any name pro- 
posed to be registered and any vote ofiered, and 
to be present and witness throughout the count- 
ing of all votes, and to remain where the ballot- 
boxes are kept at all times after the polls are 
open until the votes are finally counted ; and 
said persons, and either of them, shall have the 
right to affix their signature or his signature to 
said register for purposes of identification, and 
to attach thereto, or to the certificate of tlie num- 
ber of votes cast, and statement touching the 
truth or fairness thereof wliich they or he may 
ask to attach ; and any one who shall prevent 
any person so designated from doing any of the 
acts authorized as aforesaid, or who shall hinder 
or molest any such person in doing any of the said 
acts, or shall aid or abet in preventing, hinder- 
ing, or molesting any such person in respect of 
any such acts, shall be guilty of a misdemeanor, 
and on conviction shall be j)unished by impris- 
onment not less than one year. 

Sec. 6. That in any city having upAvard of 
twenty thousand inhabitants, it shall be lawful 
for the marshal of the United States for the dis- 
trict wherein said city shall be to appoint as 
many special deputies as may be necessary to 
preserve order at any election at which repre- 
sentatives in Congress are to be chosen; and 
said deputies are hereby authorized to preserve 
order at such elections, and to arrest for any of- 
fense or breach of the peace committed in their 
view. 

Sec. 7. That the naturalization laws are here- 
by extended to aliens of African nativity and to 
persons of African descent. 

Approved July 14, 1870. 

[Portions of this act and of the act to enforce 
the XlVth and XVth amendments are taken 
substantially from the report of the Committee 
on Alleged New York Election Frauds, 3d sess. 
40th Cong., report 31, which treated of these 
questions.] 

Final Votes. 

In Senate, July 4, 1870. 

Yeas — Messrs. Anthony, Chandler, Conkling, Cor- 
bett, Cragin, Drake, Edmunds, Fenton, Gilbert, Ham- 
lin, Harlan, McDonald, Morrill of Vermont, Morton, 
Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Rob- 
ertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thay- 
er, Tipton. Trumbull, Warner, Willey, Williams, Wil- 
son — 33. 

Nays — Messrs. Bayard, Boreman, HamUton of Mary- 
land, McCreery, S'-iulsbury, Stockton, Thunnan, Vickers—S, 

In House, June 11, 1870. 
Yeas — Messrs. Allison, Amliler, Ames, Armstrong, 
Asper, Atwood, Ayer, Bailey, Banks, Beatty, Benjamin, 
Benton, Bingham, Blair, Boles, Boyd, George M. Brooks, 
Buck. Buckley, Buffinton, Burchard, Burdett, Benja- 
min F. Butler, Roderick R. Butler, Cake, Churchill, 
William T. Clark, Sidney Clarke, Amasa Cobb, Coburn, 
Conger, Cook, Covode, Cowles, Cullom, Darrall, Davis, 
Dawes, Degener, Dickey, i»onley, Duval, Ela, Farns- 
worth, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, 
Garfield, Gilfillan, Hamilton, Harris, Hawley, Heflin, 
Hill, Hoar, Hooper, Ingersoli, Jenckes, .Judd, Kelley, 
Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Lo- 
gan, Loughridge, Maynard, McCarthy, McGrew, Mc- 
Kenzie, Mercur, Jesse H. Moore, William Moore, Mor- 
phis, Daniel J. Morrell, Myers, Negley, O'Neill, Orth, 
Packard, Packer, Paine, Palmer, Peck, Peters. Phelps, 
Piatt, Poland, Porter, Prosser, Roots, Sargent, Sawyer, 
Schenck, Shanks, Lionel A. Sheldon, Porter Sheldon, 
John A. Smith, William J. Smith, Worthington C. 
Smith, William Smyth, Starkweather, Stevens, Steven- 
son, Stokes, Stoughton, Strickland, Taffe, Tanner, Tay- 



618 



POLITICAL MANUAL. 



lor. Tillman. Townsend, TwichcU, Tyner, Upson, Van 
Horn, Van WycU, Wani, Cadwaliider C Wasliburn, \\i\- 
liani ii. Washhurn, Welker, Wheeler, VVhitniuie, Wilk- 
inson, Willard, W illiani;*, Jolin T. Wilson, Witclicr — lu2. 
Navs — Messr.s. Axtcll, Barnuni, liccl'. Dennett, Bigys, 
Bird, Banker, James Broohs, Burr, t'aVciii, Conner, Vox, 
Crel'S, DicUnson. Fox, Getz, Ormcold, Haight, nay, linl- 
man. Johnson, Thomas L. Jones, Kerr. Knott. Lewis, Mar- 
shall, Maiihain, Mc( 'orinick. Mc^'eely, Milncs, Monjun, Mun- 
(/en, ^'tblach, I'ntler, RaintaU, Hints, Hire, Hn'jtrs, Hchtt- 
maker, SherroJ, Slocum,Joseph S. ISmiHi, .stilfs, Stoiie. i'lfonn, 
Sweeney, Trimble, Van Aukcn. Van 'J'rutnp, Eugene M. 
WiUon, Winchester, Wood, Woodward — 53. 

Previous Votes. 

1870, June 13 — Mr. Davis introduced the bill, 
as finally passed, with the excejition of tlie last 
three sections, which, under a suspension of the 
rules, was passed — yeas 13^3, nays 47, as follow: 

Yeas — Messr.? Allison, Ambler. Ames, Armstrong, 
Arnell. Asper, Atwood. Bailey, Hanks, Barry, Beaman, 
Beatty, Benjamin, Bennett, Benton, Bingham, Blair, 
Banker, Bowt-n, lioyd. George M. Brooks, Bufk, Buck- 
ley. Buttinton. Bufehard, liurdett, Benjamin P. Butler. 
Roderick R. Bntler, Cessna, Churchill, William T. 
Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, 
Coburn, Cook, Conger, Cullom, Davis, Dawes. Dickey, 
Dixon, Doekery, Donley, Dnval, Ela. Farnsworth, Fer- 
riss. Ferry, Fiiiki-lnburg, Fisher, Fitch, (iarfield, Gil- 
fillan. Hale, Hamilton, "Harris, Hawley, Hay, Ileflin, 
Hill, Hoar, Hooper, Hotchkiss, IngersoU. Alexander 
H, Jones, Thomas L. Jones, Judd, Jiilian, Kelley, Kel- 
logg, Kelsey, Ketcham, Knapp, Laflin, Lash, Law- 
rence, Lr.gan. Maynard, McCarthy, JlcCrary. McGrcw, 
JIcKce, Mcrciir. Eliakim II. l^Ioore, Jesse IL :\Ioore, 
Williani Jlnore, Daniel J. Morrell. .Samuel P.Morrill, 
Myers. Newsham. O'Neill, Orth, Packard, Paine, Palm- 
er, Peck. Perce, Plieips, Piatt, Poland. Pomeroy, Porter, 
Moots. SantVird, Sargent, Sawyer, Lionel A. Sheldon, 
John .\. Smith, William Smyth, Stevenson, Stokes, 
Stoughton, Strickland, Tatr'e. Tanner, Tillman, Twich- 
ell, Tyner, L'pson, Van Horn, Ward. Cadwalader C. 
Washburn, William 1!. Washburn, Wheeler, Whitmore, 
Wilkinson, Willard. Winans, Witcher— 130, 

Nays — Messrs Ad^ims, Axtell, Be k,J"mes Brooks. Burr, 
Calkin. Conner. Cox. Creljs, Dos, Eldridije, Fox. Gctz, Gib- 
son. Griswold, Hamill, llolinan, Jolinson, Kerr, Knott, Lewis, 
Marshall, Maylinm, McCnrmick, McXeeJij, Milnfs, Morgan, 
Mungen, Niblack, Randall, Beeves, Rice, Ridgwy, Sherrod, 
Shober, Jusepli S. Smith. Slrader, Swann. Siceeney, Trimble, 
Van Auken. Van Trump, Wells, Eugene M. Wilson, Win/- 
Chester, Wood, Woodward — it. 

In Senate, 

1870, June 18— Mr, Conkling, from the Com- 
mittee on the Judiciary, reported a bill with 
the recommendation that it be substituted for 
the House bill. It provided that all jurisdiction 
over naturalization should be in the United 
States courts; that the applicant must have re- 
sided in the United States four years and six 
months, and in the State one year prior to the 
application; that every certificate of naturaliza- 
tion issued since July 4, 1868, in any city of 
over 100,000 inhabitants, shall not be evidence 
of naturalization unless presented to the United 
States court, and by it approved ; that the minor 
children of naturalized persons shall be citizens 
of the United States on attaining their majority ; 
that in all cities of upward of 20,000 inhabit- 
ants the court shall select two persons from each 
precinct to act as judges of election and reg:.slra- 
tion, and the marshal shall also appoint as many 
deputies as he shall deem necessary to keep the 
peace; provided for the punishment of the false 
and fraudulent issuing or using certificate.^ of 
naturalization, or the disturbance of the court 
while sitting to grant certificates of naturaliza- 
tion. 

July 2 — Mr. Sumner moved to amend the 
proposed substitute by adding the following new 
Bection. 



Sec. — . That all acts of Congress relating to 
naturalization bo, and the same are hereby, 
amended by striking out the word "white" 
wherever it occurs, so tliat in naturalization 
there shall be no distinction of race or color. 

Which was disagreed to — yeas 22, nays 23, as 
follow: 

Yeas — Messrs. Anthony, Carpenter. Fowler, Hamlin, 
Harris. Kellogg, Lewis, i\j cl )onald, Morrill of Vermont, 
I'omeroy, Pratt. Riimsey, Uevel.>^, Uiee, Robertson, 
Ross, Sawyer, Schurz, Scoii, Sprague, Sumner, Trum- 
bull-22. 

Nats — Messrs. Bai/ard, Boreman, Cusxerl//, Corbett, 
Cragin, Dncis. Drake, Ldmuiids, Gilliert, Harlan, 
Howe, Howell, Jo/nislon, MciYeery, Morton, Stewart, 
Stockton, Tiuirman, 'i'ipton, Vichers, Warner, Williams, 
Wilson — 23. 

The substitute of the committee was then dis" 
agreed to — yeas 17, nays 33, us follow: 

Yeas — Messrs. Anthony, Carpeuler. Conkling, Cragin, v 
Edmunds, Fenton, Hamlin, Morrill of Vermont. Pat- 
terson. Pomeroy, Ilice, Sawyer, Scott, Stewart, Sum- 
ner, Trumbull, VVilson 1". 

N\T.s — Wessr.s. £<7//a/c7, foreman, Casserly, Chandler, 
Corbett, />'n'is, Drake, Gilbert, Harlan, Harris, Howe, 
Howell, Johnston, Kellogg, Lewis, ilfc''rcc)-i^, McDonald, 
Morton. Pratt, Ramsey, Revels, Robertson, Ross, 
Shurz. Sprague, Stockton, Thayer, TliurmMn, Tipton, 
Vickers, Warner, Willey, Williams— 33. 

The question then recurring on the House bill, 
the Senate bem" in committee of the whole, Mr. 
Conkling moved to amend by the addition of the 
following sections, which were the last two, sec- 
tions of the committee's substitute: 

Sec. — . That in any city having upward of 
twenty thousand inhabitants itshall be theduty 
of the judge of the circuit court of the United 
States for the circuit wherein said city shall be, 
upon the application of two citizens, to appoint 
in writing for each election district or voting pre- 
cinct in said city, and to change or renew said 
appointment as occasion maj' require, from time 
to time, two citizens resident of the district or 
precinct, one from each political party , who, when 
so designated, shall be, and are hereby, author- 
ized to attend at all times and places fixed for 
the registration of voters, who being registered 
would be entitled to vote for representative in 
Congress, and at all times and places for holding 
elections of representatives in Congress, and for 
counting the votes cast at said elections, and to 
challenge any name proposed to be registered 
and any vote offered, and to be present and wit- 
ness throughout the counting of all votes, and 
to remain where the ballot-boxes are kept at all 
times after the polls are open until the votes are 
finally counted; and said persons and either of 
them shall have the right to affix their signature 
or his signature to said register for purposes of 
identification, and to attach thereto, or to the 
certificate of the number of votes cast, and state- 
ment touching the truth or fairness thereof which 
they or he may ask to attach ; and any one who 
shall prevent any person so designated from do- 
ing any of the acts authorized as aforesaid, or 
wlio .shall hinder or molest any such por.son in 
doing any of the said acts, or shall aid or abet in 
preventing, hindering, or molesting any such per- 
son in respect of any such acts, shall be guilty of 
a misdemeanor, and on conviction shall be pun- 
ished by imprisonment not less than one year. 

Sec. — ■ That in any city having upward of 
twenty thousand inhabitants, it shall bo lawful 
for the marshal of the United States for the dis- 



MISCELLANEOUS. 



619 



trict wherein said city shall be to appoint as 
many special deputies as may bo necessary to 
preserve order at any election at which repre- 
sentatives in Congress are to be chosen; and said 
deputies are hereby authorized to preserve order 
at such elections, and to arrest for any oS'ense or 
breach of the peace committed in their view. 

Which was agreed to — yeas 37, nays 9, as 
follow : 

Yeas — Messrs. Anthony, Carpenter, Chandler, Conk- 
ling, Corbett, Cragin. Drake. Edmunds. Fenton, Gil- 
bert, Ilamlin. Harris. Howe, Howell, Kellogg, Lewis, 
McDonald. Morrill of Vermont, Morton, Patterson, 
Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, 
Scott. Sprague, Stewart, Sumner, Thayer, Tipton, 
Trumbull, Warner. Willoy, Williams, Wilson — 37. 

Nays — Messrs. Bayard. Eoreman, Casserly, Davis, 
Johnston, ilcCreery. Stockton, Thurman, Vickers — 9. 

Mr. Sumner moved to amend by adding the 
following section : 

Sec. — That all acts of Congress relating to 
naturalization be, and the same are hereby, 
amended by striking out the word " white" 
wherever it occurs ; so that in naturalization 
there shall be no distinction of race or color. 

Which was agreed to — yeas 27, nays 22, as 
follow : 

Yeas — Messrs. Anthony, Carpenter, Conljling. Fen- 
ton, Fowler, Gilbert, Hamlin, Harris, Howe. Kellogg, 
Lewis. McDonald. Morrill of Vermont, Patterson, 
Pomeroy, Pratt, Ramsey, Rice Robertson. Ross. Saw- 
yer, Schurz, Scott, Sprague. Sumner, Thayer, Trum- 
bull— 27. 

N.\TS — Messrs. Bayard, Coreman, Casscrly, Corbett. 
Cragin. Davis, Drake, Edmunds, Harlan. Howell, John- 
ston, McCreery, Morton. Stewart, Stocktrm. Thurman, 
Tipton, Vickers, Warner, Willey, Williams, Wilson — 22. 

July 4 — Mr. Williams moved to add to the 
bill the following : 

Provided, That nothing in this act shall be 
construed to authorize the naturalization of per- 
sons born in the Chinese empire. 

Mr. Ilamlin moved to reconsider the vote by 
which Mr. Sumner's amendment was adopted ; 
which was agreed to — yeas 27, nays 14, as fol- 
low : 

Yeas— Messrs, Ba'/ard, Boreman, Chandler, Conk- 
ling, Corbett, Cragin, Dovis Drake, Edmunds, Hamil- 
ton of Blaryland, Ilamlin. Harlan, McCreery, Morton, 
Nye, Ramsey, .saulsbury, Scott, Stewart, S:ncktnji, Thur- 
man, Tipton, Vicktrs, Warner, Willey, Williams, Wil- 
son — 'SI. 

Nays— Messrs. Ilrownlow, Fenton, Harris, Kellogg, 
McDonald, .^Jo^■rill of .Maine, Pomeroy, Revels, Rob- 
ertson. Ross, Spencer, Sprague, Sumner, Trum- 
bull— 14. 

Mr. Howe moved to amend Mr. Sumner's 
amendment by adding as follows : 

Provided, That nothing in this or any other 
act of Congress shall be so construed as to au- 
thorize the naturalization of any person born in 
a pagan country, unless with his oath of alle- 
giance the ai)plicant shall take and file an oath 
abjuring his belief in all forms of paganism. 

Which was disagreed to. 

Mr. Sumner's amendment was then disagreed 
to — yeas 14, nays 30, as follow: 

Yea.s— Blossrs. Fenton, Fowler, Harris, Howe, Mc- 
Donald, Morrill of Vermont, Pomeroy, Rice, Robertson, 
Ross, Spencer, Spr.ague, Sumner, Trumbull — 14. 

Nays — Jlessrs. y,.'ayi'rc/. Boreman, Chandler. Conkling, 
Corbett. (Jnigin. Davis. Drake. Edmunds, Gilbert, Ilavi- 
iWvi of Blarylaml, Hamlin, Harlan, McCreery, ^lorton, 
Nye. O^il)orn. Ramsey. &(«7s6u)7/, Scott. Stewart. iS^oc/c- 
inii. 'Jhaver. Thnnnun, Tipton, Vickers, Warner, Willev, 
William'^ \v it-^oii— OJ. 



Mr. Warner moved to add the following sec- 
tion: 

Sec. — . That the naturalization laws are here- 
by extended to aliens of African nativity and to 
persons of African descent. 

Which was agreed to — yeas 21, nays 20, as 
follow : 

Yeas— Messrs. Chandler, Drake, Gilbert, Harris, Kel- 
logg, McDonald, Morton, Osborn, Pomeroy, Rice, Rob- 
ertson, Ross, Scott, Spencer, Sprague, Sumner, Thayer, 
Tipton, Trumbull, Warner, Willey— 21. 

Nay,s — Messrs. L'ayard, Boreman, Conkling, Corbett, 
Cragin, D'lvis, Edmunds Ifamiltmi of Maryland, Ham 
lin. Howe . JJcCreery, Nye, IXamsey, SavlsOtiry. Stow&rt, 
Stockton, Thurman, Vickers, Williams, Wilson — 20. 

The bill was then reported to the Senate, and 
the question being taken on Mr. Warner's amend- 
ment, it was agreed to — ^yeas 20, nays 17, as fol- 
low : 

Ye.i.s — Messrs. Chandler, Drake, Fenton. Harlan, Mc- 
Donald, Morrill of Vermont, Morton, Osborn, Pomeroy, 
Rice, Robertson, Scott, Spencer, Sprague, Sumner, 
Tliayer, Tipton, Trumbull. Warner, Willey— 20. 

Nays — Messrs. iianard, IJoreman, Corbett, Cragin, Ed- 
munds, Hamilton of Maryland, Howe. McCreery. Nye, 
Ramsej', Satilslniry. Stewart. Stacklon, Thurman, Vickers, 
Williams, Wilson — 17. 

Mr. Sumner again moved the following amend- 
ment: 

Sec. — . That all acts of Congress relating to 
naturalization be, and the same are hereby, 
amended by striking out the word "white" wher- 
ever it occurs; so that in naturalization there 
shall be no distinction of race or color. 

Which was disagreed to — yeas 12, nays 26, as 
follow : 

Yf.as— Messrs. Fonton, Fowler, Howe, McDonald, 
Morrill ofVeimont, Osborn, Pomeroy, Rice, Robert- 
son, Sprague, Sumner, T'-umbuU — 12. 

Nays — Messrs. Bnvard, Boreman, Chindler, Conk- 
ling, Corbett. Cragin, Drake. Hamilton of Maryland, 
Hamlin, Hailan, McCrcerji, Morton, Nye, Ramsey, 
Sauhhurij, Scott, Stewart, Stockton, Thayer, Thurman, 
Tipton, Vickers, Warner, Willey, Williams, Wilson — 20. 

Mr. Trumbull moved to amend the amendment 
of Mr. Warner, which was adopted, by adding 
thereto the words "'or persons born in the Chi- 
nese empire; which was disagreed to — yeas 9, 
nays 31, as follow: 

Yeas — Messrs. Fenton, Fowler, McDonald, Pomeroy, 
Rico, Robertson, Sprague, Sumner, Trumbull— 0. 

Nats — Messrs. Bayard. Boreman, Chandler, Conk- 
ling, Corbett, Cragin, Drake, Gilbert, Hamilton of Ma- 
ryland, Hamlin, Harlan, Howe, McCreery, Morrill of 
Vermont, Morton, Nye, Osborn, Ramsey, Saulsbury 
Sawyer, Scott, Stewart, Stockton. Thayer. Thurman 
Tipton, Vickers, Warner, Willey, Williams, Wilson — 32' 

The bill as amended was then passed, and the 
Senate amendments were agreed to as above. 

The Cuban Question. 

Is House of Kepkesentatives. 
1870, June 14 — Mr. Banks, from the Commit- 
tee on Foreign Affairs, submitted the following : 
Joint resolution in relation to the contest be- 
tween the people of Cuba and the Government 
of Spain. 

Resolved, &c.. That the President of the United 
States be, and hereby is, authorized and instructed 
to declare and maintain a strictly impartial neu- 
trality on the part of the Government of the 
United States in the contest now existing be- 
tween the people of Cuba and the Government 
of the kingdom of Spain. 

Sec. 2. That all provisions of the statute ap- 



620 



POLITICAL MANUAL. 



proved 20th of April, 1818, entitled "An act in 
addition to the act for the punishment of certain 
crimes against the United States, and to repeal 
the acts therein mentioned," shall be construed 
to apply equally to each of the parties in the ex- 
isting contest between the people of Cuba and the 
Government of Spain. 

Sec. 3. That the President is hereby author- 
ized and requested to remonstrate against the 
barbarous manner in which the war in Cuba has 
been conducted, and, if he shall deem it expe- 
dient, to solicit the co-operation of other govern- 
ments in such measures as he maj-^ deem neces- 
sary to secure from both contending parties an 
observance of the laws of war recognized by all 
civilized nations. 

The minority of the committee submitted as 
a substitute the following: 

A joint resolution making it a misdemeanor to 
tit out or equip ships of war, with intent that 
they shall be employed in the service of any 
European prince or State for the purpose of 
subduing American colonists claiming inde- 
pendence, and providing for the forfeiture of 
Buch ship or vessel. 

Be it resolved, <£c.. That if any person shall, 
■within the limits of the United States, fit out, arm, 
or equip, or attempt to fit out, arm, or equip, or 
procure to be fitted out, armed, or equipped, or 
shall knowingly be concerned in the fitting out, 
arming, or equipping, of any ship or vessel, with 
intent that such ship or vessel shall be employed 
in the service of any European prince or State, 
for the purpose of subduing American colonists 
claiming independence, or shall issue or deliver 
a commission within the territory of the United 
States for any ship or vessel, with the intent that 
she may be employed as aforesaid, every person 
80 oflending shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be fined in 
any sum not exceeding $5,000, and be imprisoned 
for a period not exceeding two years nor less 
than six months ; and every such ship or vessel, 
with her tackle, apparel, and furniture, together 
with all materials, arms, ammunition, and stores, 
which may have been procured for the building 
and equipment thereof, shall be forfeited, one- 
half to the use of the informer and the other half 
to the United States. 

Sec. 2. That in every case where a ship or ves- 
sel shall be fitted out, armed, or equipped, or 
attempted to be fitted out, armed, or equipped, 
contrary to the provisions of this joint resolution, 
it shall be lawful for the President of the United 
States, or such person as he shall have empow- 
ered for that purpose, to employ the laua or naval 
forces or the militia of the United States, or any 
jiart thereof, for the purpose of taking possession 
of and detaining any such ship or vessel. 

Sec. 3. That the provisions of the act approved 
April 20, 1818, entitled "An act in addition to 
the 'act for the punishment of certain crimes 
against the United States,' and to repeal the acts 
therein mentioned," shall be held to apply and 
be in force, as to all attempts of American colo- 
nies, or parts thereof, to assert their independence ; 
and the words "colonies, districts, or peoples" in 
Kuch act shall be held to apply to and include all 
sucn American colonists claiming independence, as 
described in the 1st section of this joint resolution. 



The previous question naving been ordered, it 
was by unanimous consent agreed that tlie fol- 
lowing day should be devoted to debate, and tho 
main question should be considered as having 
been ordered. On the following day— June 15 
— after debate, Mr. Bingham moved to reconsider 
the vote by which the main question was ordered— 

Mr. Eldridge moved that the motion lie on 
the table; which latter motion was disagreed to 
— yeas 82, nays 94, as follow : 

Ye.\s — Messrs. Adams, Archer. Arncll, Axtcll, Bailey, 
Banks, Beatty, IkcU, Bird. Booker, Bowen, Boyd, James 
Brooks. Burr, Calkin, Sidnoy Clarke, Cleveland, Clinton 
L. Cobb, Conner, Cox, Crebs, Dej^ener, Vox, Eldridge, 
Ferriss, Fitch, Fox, GeU. Grisu-old. Ilaigid, Uamblelon, 
Hmiiill, Hamilton, Hawkins, Hay, JBnIman, Hotchlciss, 
Ingersoll, yo/(nso?i, Julian, Knott, ieitjs, Logan, Marshall, 
ilayham, McKenzie, McNetly, Milnes, Morphis, Morrissey, 
Muiigen, ISewsliam, Aiblaclc. Paino, Porter, Potter, lian- 
dall, Beeves. Bice, Roots, Sanford, Schumaker, Shanks, 
Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Stiles, 
Strader, Swann, Sweeney. 1 aylor, Trimble, Van Auken, Van 
Korn.Van Trump,\'a,n Wyck, Wells, Wilkinson, Winches- 
ter, Wood, Woodward — 82. 

Nays — Messrs. Allison, Ambler, Ames, Armstrong, 
Asper, Atwood, Beaman, Bennett, Benton, Bingham, 
Blair, George M. Brooks, Buckley, Buffluton, Bureh- 
ard, Burdett, Benjamin F. Butler, Koderick R. Butler, 
Cessna, Churchill, Amasa Cobb, Coburn, Cook, Conger, 
Dawes, Dickey, Dockery, Donley, Duval, Dyer, Ela, 
Farnsworth, Feriy, Finkelnburg, Fisher, "Garfield, 
Hale, Harris, Hawley, Hays, Heflin, Hoar, Hooper, 
Judd, Kelley, Kellogg, Kelsey, Keteham, Knapp, 
Laflin, Lawrence, Maynard, McCormick, MeCrary, Mc- 
Grew, McKee, Mercur, Eliakim H.Moore, Jesse H. 
Moore, William Moore, Daniel J. Morrell, Orth, Pack- 
ard, Packer, Palmer, Peek, Perce, Phelps, Piatt, Po- 
land, Pomeroy, Sawyer, Schenck.John A. Smith, Wil- 
liam Smyth, Starkweather, Stoughton, Strickland, 
Strong, Tatte, Tanner, Tillman, Twichell, Tyner, Up- 
son, Ward, Cad wakider C. WashVjurn, William B, Wash- 
burn, Welker. Wheeler, Willard, John T. Wilson, Wi- 
nans, Witcher — 94. 

The motion to reconsider was then agreed to — 
yeas 88, nays 70. 

June 16 — Mr, Logan moved to amend the 2d 
section of the majority resolution by striking out 
the words "shall be construed to apply equally 
to each of the parties in the existing contest be- 
tween the people of Cuba and the Government 
of Spain," and inserting in lieu thereof the fol- 
lowing : " Shall be so construed as to give to both 
contending parties the same advantages of inter- 
course and trade with the United States, consist- 
ent with the law of nations, which have been or 
may be accorded to the Government of Spain." 

Which was disagreed to — yeas 77, nays 101, 
as follow: 

Yeas — Messrs. Adams, Archer, Axtell, Ayer, Banks, 
Beatty, Beck, Bird, Booker, Boyd, James Brooks, Burr, 
Calkin, William T. Clark, Sidney Clarke, Cleveland, Clin- 
ton L. Cobb, Conner, Cox, Degener, Dickinson. Dox, Eld- 
ridge, Ferriss, Fitch, Fox, Get!, Gibson, Oriswold, Haight, 
Hambleton. Hamill, Ilamilton, Hay, Hnlman, Ingersoll, 
Johnson, Julian, Knott, Lash, Lewis, Logan, Marshall. 
Ma;/ham, McKemie, Mc^eely, Milnes, Morgan, Morphis, 
Morrissey, Munyen, Newshain, Niblack, Prosser, Randall, 
Reeves, Rice, Roots, Schumaker. Lionel A. Sheldon, Sher- 
rod, Slujber, Joseph S.Smith, Stiles, Stokes, Strader, Sioann, 
Sweeney, Van Horn, Van jTrwrn/), Ward, ircWs.Wiiitmore, 
Eugene M. Wilson, Winchester. Wood. Woodward — 77. 

Nats — Messrs. Allison, Ambler, Ames, Arnell. Asper, 
Atwood, Bailey, Beaman, Benjamin, Bennett, Benton, 
Bingham, Blair, George M. Brooks, Buckley, Buffinton, 
Burchard, Burdett, Benjamin F. Butler, Koderick R. 
Butler, Cake, Cessna, Churchill, Amasa Cobb, Cook, 
Conger, Cowles, Dawes, Dickey, Dixon, Dockery, Don- 
ley, Duval, Dyer, Farnsworth, Ferry, Finkelnburg, 
Fisher, Garfield, Giliill.in, Hale, Harris, Hawkins, Hill, 
Hoar, Hooper, llntchkiss, Judd, Kelley, Kellogg, Kel- 
sey, Keteham, Kn:ipp, Lallin, Lawrence, Maynard, Mc- 
Carthy, McCrarv, IMi-Grew, Mercur, Eliakim \\. Moore, 
William Moore, Daniel J. Morrell, Negley, O'Neill, Orth, 
Packard, Packer, Paine, Perce, Phelps, Piatt, Poland, 



1 



MISCELLANEOUS. 



621 



Pomerov, Hogers, Sargent, Sawyer, Schenck, Scofield, 
Shanksj'oner Sheldon, John A. Smith, William Smyth, 
Starkweather, Stou.shton, Strickland, Strong. TafTe, 
Taylor, Townsend, Twiohell, Tyner, Upson. Cadwaln- 
der C. Washburn, W illiani B. Washburn, Welker, VVil- 
lard, John T. Wil.sm, Wloans, Witcher— 101. 

Mr. Bingham moved to substitute for the mi- 
nority resolutions the following: 

That the President is hereby authorized to re- 
monstrate against the barbarous manner in which 
the war in Cuba has been conducted, and, if he 
shall deem it expedient, to solicit the co-opera- 
tion of other governments in such measures as 
he may deem necessary to secure from both con- 
tending parties an observance of the laws of war 
recognized by all civilized nations. 

Which was agreed to — yeas 100, nays 17, on a 
division. 

The minority resolution, as amended by Mr. 
Bingham — being simply Mr. Bingham's proposi- 
tion — was then substituted for that of the ma- 
jority — yeas 101, nays 88, as follow: 

Yeas — Messrs. Allison, Ambler, Ames, Armstrong, 
Aspcr, Atwood, Beaman, Eenjamin, Benton, Bingham, 
George M. Brooks, Buckley, BufBnton, Burehard, Rod. 
eriek R.Butler, Cake, Cessna, Churchill, William T. 
Clark, Coburn, Cook, Conger, Covode, Cowlef , Dawes, 
DicUey, Dixon. Dockery, Donley. Duval. Dyer, Ela, 
Farnsworth, Ferry, Fisher, Garfield, Hale, Harris, 
Hawkins, Ileflin, Hill, Hoar, Hooper, ilotchkiss, Judd, 
Kelley, Kellogg, Kelsey. Ketcham, Knapp, Laflin, Law- 
rence, Maynanl. McCarthy, McCrary, McGrew, Mereur, 
Eliakim H. IMoore, Jesse H. Moore. William Moore, 
DanielJ.Morrell, Neglej', O'Neill, Orth, Packard. Pack- 
er, Palmer, Peroe, Phelps, Plait, Poland. Pomeroy, 
Rogers, Sargent. Sawyer, Schenck, Scofield, John A. 
Smith, William J.Smith, William Smvth, Starkweather, 
Stokes. Stoughton, Strickland. Strong, Tatte. Tanner, 
Tillman, Townsend. Twichell. Tyner, Upson, Ward, 
Cadwnlader C. Washburn. William B. Wasliburn, W^el- 
ker, Wheeler, Whitmore, Willard, John T. Wilson, 
Winans— lul. 

Nats — Messrs. Adams, Archer, Axtell, Bailey, Banks, 
Bany, Beatty, /;<c/.-, Birigs, Iiud,'R\o\T. Booker, Hoy A, 
James Brooks. Buck. Burdett, Burr. Uenjamin F. Butler, 
Calkin, Sidney (Marke. Amasa Cobb, Liinton L.Cobb, 
Conner. Cox. CuUom, Hegcner, Dickinson, Vox. Eldridge, 
Ferriss, Finkelnbnrg, Fitch, Fox, Gelz, Gibsmi, Gris- 
woM. Ilaiglit, Ilamill. Hamilton, Hay, //"iman, Ingersoll, 
Jb/m son, Julian, Ke:r, Knntt, Lash, Lewis, Logan, .^/ar- 
sJiall, Miyli im, McKee, McKemic, Mc.\trh/, Milnes. Mor- 
gan. Morphis, Morrissci/. Munycn, Newsham, Nihlack, 
Paine, Porter, I'otter, Prosser, Randall, Reeves. Rice, 
Root."!, Sc/it(»iaJTr, Shanks, Lionel A. Sheldon, Porter 
Sheldon, Shermd, Slio'er, Joseph S. Smith, Stiles, Strader, 
Swann, Sweeney, 'I'aylor, Trimble. Van Trump, Welts, 
Eugene M. Wilson, Winchester, Wood, Woodward — 88. 

The resolution was then agreed to without a 
division. 

Batification of Constitutional Amendments. 

1870, May 8 — Mr. Bingham reported the fol- 
lowing bill: 

To regulate the mode of determining the ratifica- 
tion of amendments to the Constitution of the 

United States proposed by Congress, and for 

other purposes. 

That whenever the legislature of any State 
shall have ratified an amendment to the Constitu- 
tion of the United States heretofore proposed, or 
which shall be hereafter proposed, oy Congress 
to the legislatures of the several States for ratifi- 
cation, it shall be the duty of the Executive of 
such State so ratifying to certify forthwith, under 
the seal of such State, such ratification and the 
date thereof to the Secretary of State of the 
United States, whose duty it shall be to file and 
record the same in the Department of State. 

Sec. 2. That in all cases wherein official notice 
has been given, or shall hereafter be given to, 
and has been or shall hereafter be received by, 



the Secretaiy of State of the United Slates, that 
the legislature of any State has ratified any 
amendment heretofore proposed by Congress, or 
which shall hereafter be proposed by Congress, to 
the Constitution of the United States, it shall be 
unlawful for any ofiicer of such State to certify 
thereafter any repeal of such amendment, unless 
an amendment for the repeal thereof shall have 
been first proposed by the Congress of the United 
States, or by a convention called by Congress 
for proposing amendments; and if such certifi- 
cate of repeal be made, said Secretary of State 
shall not receive or make any record thereof in 
the Department of State, but the same shall be 
void and of no efi"ect. 

Sec. 3. That whoever, after the legislatures 
of three-fourths of the States shall have ratified 
any amendment to the Constitution of the United 
States heretofore proposed, or which shall here- 
after be proposed, by the Congress thereof, shall 
do any act declaring the repeal, either by color of 
State legislation or of State ordinance, of any rat- 
ification of such amendment, after the same shall 
have been certified to the Secretary of State of 
the United States, and before the Congress of the 
United States shall have proposed an amendment 
providing for the repeal thereof, or a convention 
called by Congress for proposing amendments 
shall have proposed such amendment, shall be 
guilty of a misdemeanor, and, upon conviction 
thereof in any court of the United States having 
jurisdiction in the premises, shall be subject to 
imprisonment not less than one nor more than 
ten years, or to a fine of not less than $2,000 nor 
more than $10,000, or to both, in the discretion 
of tiie court. 

Sec. 4. That all acts or parts of acts inconsist- 
ent herewith are hereby repealed ; 

Which, the rules being suspended, under the 
operation of the previous question, was agreed 
to — yeas 130, nays 54, as follow: 

Yeas — Messrs. All ison. Ambler, Ames, Armstrong, Ar- 
nell, Asper, Atwood, Bailey, Barry, Beatty, Benjamin, 
Bennett, Benton, Bingham, Blair, Bole.s, George M. 
Brooks Buckley, Bu'finton, Burehard, Burdett, Ben- 
jamin F. Butler, Roderick R. Butler, Cake. Cessna, 
Churchill, William T. Clark Sidney Clarke, Amasa 
Cobb, Coburn, Conger, Cook, Cowles, CuUom, Darrall, 
Davis. Dawes. Dej^cner, Dickey, Donley, Duval. Dyer, 
Ela, Ferriss, Finkelnbnrg, Fisher. Fitch, Garfield. Oil- 
fillan. Hale, Hamilton, Harris, Hawley, Hay, Hays, 
Hefiin, Hill, Hoar, Jenckes, Judd, Julian, Kelley, Kel- 
sey, Ketcham, Knapp, Lash, Lough ridge. Lynch, May- 
naVd, McCarthy, IMcCrary, JIcGrcw, McKee, McKcnzie, 
Mereur, Eliakim H. Moore, Jesse H. Moore, William 
Moore, Myers, Negley, G'Neill, Orth, Packard, Paine, 
Palmer, Peck, Perce, Peters. Phelps, Poland, Porter, 
Prosser, Roots, Sanford, Sargent, Sawyer, Scofield, 
Shanks, Lionel A. Sheldon, Porter Sheldon, John A. 
Smith, William J. Smith. Worthington C. Smith. Wil- 
liam Smyth, Starkweather, Stevens, Stevenson, Stokes, 
Stoughton, Strickland, Strong, Tanner, Taylor. Till- 
man, Townsend, Twichell, Tyner, Upson, Van Wyek, 
Wallace, Ward, Cadwalader C. Washburn, William B. 
Washburn, Welker, Wheeler, Whitmore, Willard, Wil- 
liams, John T. Wilson, Winans — 130. 

Nats — Messrs. Archer, Bcuk. Biggs, Bird, Booker, James 
Brooks, Burr. Calkin, Cleveland, Conner. Cox, Crcbs, Dick- 
inson, Eldridge. Fox, Getz, Oriswold. Ilaight. Ilaldeman, 
Hamill, Hawkins, Johnson, Thomas Ij. Jones, Kerr, 
Knott. Lewis, Maitham. McCormick. MeNeelfi, Milnes. Mor- 
gan. Mungen. Niblack, Potter, Randall, Reeves, Rogers, 
Schumaker, Sherrod. Slocufn. Joseph S. Smith, Stiles, Stone, 
cfwann. Sweeney, Trimble, Van Auken. Voorhecs, Wells, 
Eugene M. Wilson, Winchester, Wood, Woodward — 5-1. 

New Constitution of Illinois. 

At the recent election, in July, this instru- 
ment was adopted by the majority of the people 



622 



POLITICAL MANUAL. 



of the State. Among its features are the follow- 
ing: 

SUBMITTED SEPARATELY. 

Divides the State into senatorial districts, and 
provides for the election of one senator and 
three representatives from the same district ; 
gives each voter as many votes as there are rep- 
resentatives to be elected, and allows him to 
divide his vote among candidates as he sees fit. 

BOUNDARIES. 

Same as the old. 

BILL OF RIGHTS. 

No person shall be denied any civil or politi- 
cal right, privilege, or capacity, on account of 
his religious opinions. Grand juries may be 
abolished by law (when a better system is de- 
vised.) 

The fee of land taken for railroad tracks shall 
remain with the owner, subject only to the use 
for which it is taken. 

No irrevocable grant of special privileges shall 
be passed. 

OATH. 

Members of the Legislature required to take 
an oath that they have not paid any bribe to 
secure their election, and that they will not ac- 
cept any gift or bribe for any vote or influence 
they may give or withhold for any official act. 

APPROPRIATIONS. 

No appropriation of money allowed in any 
private law, and bills making appropriations for 
the pay of any officer shall not contain any 
other provision. 

The general assembly shall have no power to 
release or extinguish, in whole or in part, the 
indebtedness, liability, or obligation of any cor- 
poration or individual to this State, or to any 
municipal corporation therein. 

The general assembly shall never grant or 
authorize extra compensation, fee, or allowance 
to any public officer, agent, servant, or con- 
tractor, after service has been rendered, or a 
contract made, nor authorize the payment of any 
claim, or part thereof, hereafter created against 
the State under any agreement or contract made 
without express authority of law; and all such 
authorized agreements or contracts shall be null 
and void. 

The State shall never pay, assume, or become 
responsible for the debts or liabilities of, or in 
any manner give, loan, or extend its credits to, 
or in aid of, any puiblic or other corporation, 
association, or individual. 

No law shall be passed which shall operate to 
extend the term of any public officer after his 
election or appointment. 

No county, city, township, school district, or 
other municipal corporation, shall be allowed to 
become indebted in any manner, or for any pur- 
pose, to an amount, including existing indebted- 
ness, in the aggregate exceeding five per centum 
of the value of the taxable property therein, to 
be ascertained by the last assessment of State 
and county taxes previous to the incurring of 
said indebtedness. 

Railroads are forbidden to consolidate with a 
competing line. 

General assembly to fix maximum rates of 
charges for the different railroads. 



INDIANA 



i 



Republican, February 22, 1870. 

1 . We congratulate the country on the restora- 
tion of law and order in the late rebellious States 
under the reconstruction measures adopted by the 
General Government, and tipon the prevalence 
of peace and return of fraternal feeling among 
the people of all the States under a constitution 
securing an equality of political and civil rights 
to all citizens, without distinction of race or color. 

2. That we reverence the Constitution of the 
United States as the supreme law of the land 
and a wise embodiment of the principles of free 
government, and, following its teachings, we will 
adopt from time to time such amendments as are 
necessary more completely to establish justice, 
insure domestic tranquillity, and secure the bless- 
ings of liberty to ourselves and our posterity ; 
and that we rejoice at the ratification of the 
XVth Amendment, which forever secures an 
equality of political rights to all men, and we 
extend to the colored man a helping hand to en- 
able him in the race of life to improve and ele- 
vate his condition. 

3. That the national debt created in the de- 
fense an'l preservation of the Union, however 
great the burden, must be cheerfully borne, until 
honorably and honestly extinguished in accord- 
ance with the letter and spirit of the several 
laws authorizing the debt; and that all attempts 
at repudiation of principal or interest should 
meet the scorn and denunciation of an honest 
and patriotic people. 

4. That we demand in every department of 
the Government, from the highest to the lowest, 
the strictest economy in all expenditures, con- 
sistent with the requirements of the public ser- 
vice; the reduction and abolishment of all 
extravagant fees and salaries ; the closing of all 
useless offices and the dismissal of their incum- 
bents; and all efforts to these ends, in Congress 
or elsewhere, have our unqualified approval 

5. That a reduction of taxation is demanded, 
both of tariff and internal taxes, until it reaches 
the lowest amount consistent with the credit and 
necessities of the Government; and that we are 
in favor of a tariff for revenue, believing that a 
proper adjustment of duties must necessarily af- 
lord all the incidental protection to which any 
inteVest is entitled. 

6. That we arc in favor of a currency founded 
on the national credit, as a.bundant as the trade 
and commerce of the country demand; and we 
disapprove of all laws in reference thereto which 
establish monopoly or inequality therein. 

7. That we are opposed to the donation of the 
public lands, or the grant of subsidies in money 
to railroads and other corporations; and that we 
demand the reservations of the public dom^ain 
ior the use of actual settlers and educational 
purposes. 

8. That we reaffirm that of " all who were faith- 
ful in the trials of the late war, there are none 
entitled to more especial honor than the brave 
soldiers and seamen who endured the hardsliips 
of campaign and cruise, and imperiled their 
lives in the service of their country, and the 
bounties and pensions provided by law ior those 
brave defenders of tlie nation are obligations 
never to be forgotten, and should be paii with- 



MISCELLANEOUS. 



623 



out cost to tho recipient. The widows and or- 
phans of the ^alhant dea-d are wards of the nation 
— a sacred legacy becjueatlied to the nation's 
protecting care. 

9. Til at we approve the general course of our 
Senators and Republican Representatives in Con- 
gress, and express our full and entire confidence 
that they will act with wisdom and integrity in 
all that concerns the welfare of the people ; and 
that we tender thanks to Senator Morton for his 
exertions in so shaping the legislation of Con- 
gress on the reconstruction of the late rebel States 
as to secure the passage of the XVth Amend- 
ment. 

10. That we indorse the administration of 
General Grant as President of the United States, 
accept the increased collection of revenue, the re- 
duction of expenditures, and payment of a large 
portion of the public debt as a fulfillment of his 
promises of economy, and rejoice that the victo- 
rious general of the Union armies should, as a 
civil olScer, receive the last of the rebel States 
in its return to the national family. 

11. Inasmuch as all republican governments 
depend for their stability and perpetuity on the 
intelligence and virtue of the people, it is the 
right and duty of the State and national author- 
ities to establish, foster, and secure the highest 
moral and intellectual development of the people. 

12. That taxation for county and other local 
purposes has become so great as to be oppressive 
to the people; that our system of county admin- 
istration needs reform, and we demand of our 
representatives in the legislature such changes 
in the statutes of the State as will protect the 
people from extravagant tax levies by local au- 
thorities; and as an aid to this needed reform, 
we favor a reduction of the fees of the county 
officers to a standard which will furnish a fair 
and reasonable compensation for the services 
rendered, and that no ofScer should be favored 
with salary, fees, or perquisites beyond such fair 
ana reasonable compensation. 

13. That the canal stocks issued under the 
legislation of 1846 and 1847, commonly called 
the "Butler bill," were, by the terms of the con- 
tract, charged exclusively upon the Wabash and 
Erie canal, its revenues and lands, and the faith 
of the State never having been, directly or indi- 
rectly, pledged for the payment or redemption 
thereof, said canal stocks therefore constitute no 
part of the outstanding debts or liabilities of the 
State; that the constitution of this State ought 
to be amended at the earliest practicable period, 
so as to prohibit the taking effect of any law or 
acts of the general assembly proposing to recog- 
nize or create any liability of the State for the 
said canal stocks, or any part thereof, until such 
proposition shall have been submitted to a direct 
vote of the people of the State and approved by 
them . 

14. That we heartily indorse the administra- 
tion of our State affairs by Governor Baker and 
his associate State officers, and especially con- 
gratulate the people that the time is so near 
when the State debt will be entirely liquidated. 

Democratic, January 8, 1870. 

Eesolved, That the federal Union, with all the 
rights and dignity of the several Slates, should 
be preserved ; and to secure that great national 



ble.ssing, the Constitution must be respected and 
observed, and every aT)proach to centralized des- 
potism defeated, whether attempted by Congress 
or the Executive. 

2. That recent events have, more than ever, 
convinced us of the infamous and revolutionary 
character of the reconstruction measures as an 
invasion of the sovereign and sacred rights of the 
people and of all the States. 

3. That the independence of the Supreme Court 
of the United States is essential to the safety and 
security of the States and the people ; and we de- 
clare that the measures of Congress, having in 
view the destruction of the powers of that court 
to adjudicate on the constitutionality of the en- 
actments of Congress is a dangerous evidence of 
the usurpations of the legislative over the judicial 
department of the Government. 

4. That we are in favor of a tariff for revenue 
only ; and we demand that the burdens of taxa- 
tion shall be fairly and equally adjusted, and that 
such an adjustment cannot be made without 
striking from the statute book the present and 
odious tariff laws, a system of taxation based upon 
favoritism, and which has destroyed American 
shipping and commerce, oppressed the people of 
the great agricultural regions, which compels the 
many to pay tribute to the few, and which has 
built up monopolies that control not only every 
American market, but also the legislation of 
Congress ; and we demand that the prime articles 
of necessity, such as tea, coffee, fugar, and salt, 
shall be placed upon the free list. 

5. That we are willing to pay our national 
debt in strict compliance witn our contracts, 
whether it was made payable in gold or green- 
backs, but we are unwilling to do more than 
that; and we declare that the five-twenty bonds 
are payable in greenbacks, or their equivalent; 
and we condemn the policy of the administra- 
tion, which is squandering millions of money by 
buying such bonds at a high rate of premium, 
when the Government has the clear right to re- 
deem them at par. 

6. That the national bank system, organized 
in the interest of the bondholders, ought to be 
abolished, and greenbacks issued in lieu of such 
bank paper, thus saving millions annually to 
the people, and giving to the whole people (in- 
stead of the few) the benefits of issuing a paper 
currency. 

7. That the business interests of the country 
demand an increased and maintained volume of 
the currency ; and the burden of the public debt, 
the high rate of interest and taxation, impera- 
tively forbid the contraction of the currency in 
the interest of the bondholders. 

8. That the shares of stock in the national 
banks ought to be subjected to school and muni- 
cipal taxation on the same conditions as other 
property; and we demand of our State legisla- 
ture that the shares of such banks shall be sub- 
jected to equal taxation with other property of 
the State. 

9. That the bonds of the United States ought 
to be taxed by Congress for national purposes 
to such an extent as will substantially equalize 
the taxation of such bonds with other property 
subject to local taxation. 

10. That we denounce the action of our last 
legislature in attempting to force upon the peo- 



624 



POLITICAL MANUAL. 



pie the proposed XVth Amendment to the Con- 1 
Btitution of the United States as in palpable 
violation of our State constitution, and we sol- 
emnly protest against Indiana being counted for 
said amendment; and we hereby declare our un- 
alterable opposition to its ratification. 

11. That any attempt to regulate the moral 
ideas, appetites, or innocent amusements of the 
people oy legislation is unwise and despotic. 

12. That we are opposed to any change in the 
naturalization laws of tho United States, whereby 
admission to citizenship will be made more diffi- 
cult or expensive; and we especially denounce 
the proposed plan of transferring the naturaliza- 
tion of aliens to the courts of the United States, 
and abridging the powers of State courts in that 
respect, as a hardship and expense to the poor 
and friendless candidate for American citizen- 
ship: we recognize the proposed change as the 
off-shoot of intolerant "Know-Nothingism" — 
the "twin relic" of radicalism itself. 

OHIO. 

Democratic, June 1, 1870. 

The democracy of Ohio, coming together in the 
spirit of devotion to the doctrines and faith of 
free representative government, and relying for 
success upon discussion and the intelligence of 
the people, deem the present convention a fitting 
occasion to reassert the following time-honored 
principles of the Democratic party : 

That the federal Government is one of limited 
powers, derived solely from the Constitution ; that 
the grants of power made therein ought to be 
strictly construed by all the dependents and 
agents of t!ie Government, and that it is inexpe- 
dient and dangerous to exercise doubtful powers; 

That the Constitution of the United States is 
founded on the fundamental principle of the en- 
tire and absolute equality of all the States of the 
Union, and it is not competent for Congress to 
impose upon them any conditions or restrictions 
in respect to their internal concerns which the 
federal Constitution has not imposed; 

That the liberal principles embodied by Jeffer- 
son in the Declaration of Independence, and 
sanctioned in the Constitution, which make ours 
the land of liberty and the asylum of the op- 
pres.sed of every nation, have ever been cardinal 
principles of the democratic faith, and every 
attempt to abridge the privileges of becoming 
citizens and the owners of soil among us ought 
to be resisted with the same spirit which swept 
the alien and sedition laws from the statute 
books ; 

And, in order that we may more distinctly 
declare our views of the measures and policy of 
the present administration. 

Resolved, That we denounce the present tariff, 
as well as the substitute lately introduced in the 
House of Representatives by the Committee of 
Ways and Means, as a gigantic robbery of the 
labor and industry of the country ; that they are 
solely designed to advance the interests of a few 
thousand monopolies, and that they should no 
longer be submitted to; and that no candidate 
for Congress, nor for any other office, is worthy 
of support who is not in favor of a low revenue 
tariff, which closely approximates to free trade ; 



that in the arrangement of any revenue tariff all 
the necessaries of life should be absolutely free 
of duty. 

2. That the internal revenue system of the 
United States is unendurable in its oppressive 
exactions ; that it should be immediately remod- 
eled; that its annoyances of stamps and licenses 
and taxes upon sales and incomes should be abol- 
ished; that the tax itself sliould be collected by 
the State and county officials ; and that the mul- 
tiplication of officers is wholly unnecessary, ex- 
cept to eat out the resources of the tax-payers; 
and that we pledge ourselves to effect a thorough 
reform in this particular. We denounce trie 
profligacy in the present administration of the 
federal Government, the corruption which has 
entered all the official stations, the favoritism 
which, overlooking fitness for office, has appoints 
ed to positions of public trust the friends or tools 
of those who control the public patronage, and 
the imbecility which directs the destinies of the 
republic, without an apparent purpose, and man- 
ages its affairs with such embarrassment and dis- 
aster to the material interests of the people at 
home, and with such disregard of the rights and 
liberties of its citizens abroad. 

3. That land monopoly is one of the great evils 
of our country and against the spirit of our in- 
stitutions; that the whole of our public lands 
ought to be held as a sacred trust to secure home-" 
steads for actual settlers; we therefore denounce 
the recent action of Congress in making grants 
to mammoth railroad corporations, which are 
already too powerful, and may become danger- 
ous to a free people. 

4. That we regard the act recently passed by 
Congress to enforce the " Fifteenth Amendment," 
as unconstitutional, unjust and oppressive; an 
invasion of the rights of the States, subversive 
of the best interests of the people, and therefore 
demand its unconditional repeal. 

5. That the power of the federal Government 
to assess and collect taxes on bonds of the United 
States is clear and unquestioned; and we de- 
mand of Congress that a share of taxation equal 
to the fair average amount levied in each State 
on money loaned shall be assessed and collected 
from all investments made in bonds. 

6. That we are opposed to the system of na- 
tional banks, and demand the immediate repeal 
of the law creating them, and that in place of 
the notes of such banks treasury notes of the 
United States should be substituted. 

7. That the Democracy of Ohio sympathize 
with the efforts of all people struggling for self- 
government, and that we denounce the truckling 
of the federal Administration to Great Britain 
and Spain, and the efforts of the party in power 
to reduce whole States in our Union to a condi- 
tion of vassalage to the general Government. 

8. That the thanks of the Democracy of Ohio 
are extended to our Senator, Allen G. Thurman, 
and the Democratic Representatives in Congress, 
who, though in a small minority, have bravely 
contended for the principles of democracy and 
the interests of the people. 

9. That upon the foregoing platform we in- ' 
vite all the electors of Ohio, without regard to 
past differences, to vote for the ticket tais day 
nominated. 



T^XIl. 



STATISTICAL TABLES. 

PUBLIC LANDS, REVENUE AND NATIONAL DEBT diATEMENTS. 

TABLE, showing the area of the land States, the amount of land granted to railroads, sold, and 
otherwise disposed of, and the amount remaining on hand in each. 



States and Territor- 
ies containing 
public land. 



Ohio 

Indiana 

Illinois 

Missouri 

Alabama 

Mississippi....^.... 

Louisiana 

Michigan 

Arkansas 

Florida 

Iowa 

Wisconsin 

California 

Minnesota 

Oregon 

Kansas 

Nevada 

Nebraska 

Washington Ter.. 
New Mexico " .. 
Utah 

Dakota " .. 

Colorado " .. 

Montana " .. 

Arizona " ., 

Idaho " .. 

Wyoming " .. 
Indian " .. 

Alaska " .. 



c8 a 

m o 



25,570,960.00 
21,637,760.00 
35,462,400.00 
41,824,000.00 
32,462,080 00 
30,179,840.00 
26,461,440.00 
36,128,640.00 
33,40R,720.00 
37,931,520.00 
35,223,800.00 
34,511,360.00 

120,947,840.00 
53,459.840.00 
60,975,360.00 
52,043,520.00 
71,737,600.00 
48,636,800.00 
44,796,160.00 
77,568,640.00 
54,065,043.20 
96,596,128.00 
66,880,000.00 
92,016,640.00 
72,906,240.00 
55,228,160.00 
62,645,068.80 
44,154,240.00 

369,529,600.00 



o) o 

a a 



2,595,053.00 
1,715,435.00 
2,288,138.50 

908,680.29 
1,072,405.45 
5,686,109.51 
1,79.3,167.10 
1,760,468.39 
3,415,669.46 
1,729,710.05 

161,892.56 

2,510,283.64 

1,813,600.00 

2,908.92 



& 



12,805,971.08 

16,122,244.78 

19,879,408.27 

22,924,661.21 

17,789,351.45 

12,201,037.03 

5,720,349.71 

12,381,774.87 

8,235,726.57 

1,832,431.49 

11,773,758.20 

10,043,685.78 

2,925,668.80 

2,255,884.10 

264,902.91 

285,029.73 

62,064.36 

442,053.23 

300,530.80 

480.00 

51,638.26 

32,859.01 

82,502.09 

9,335.96 



Total 1,834,998,400.00 27,453,521.87 158,433,620.38 73,278,902.44 179,546,191.37 1,396,286,163.94 



•5S>. 



H 



1,823,494.67 
1,311,956.65 
9,5.33,805.03 
8,030,532.06 
1,539,559.85 

585,217.92 
1,224,105.23 
5,062,634.77 
2,691,011.98 

768,181.58 
14,514,170.55 
7,154,420.58 

907,600.02 
8,649,550.51 

436,955.16 

5,115,316.03 

21,774.55 

2,956,369.32 

336,914.47 
480.00 

104.244.65 

296,937.05 

292,087.98 
7,952.28 



13,829.51 



10,947,374.25 
4,504,559.50 
3,353,800.97 
8,826,407.67 
3,263,724.81 

11,735,645.69 

11,924,781.24 
8,83.5,790.22 
9,308,870.87 

21,710,248.78 
4,547,120.38 
6 889,226.79 

15,549,079.62 
5,212,089.70 
7,7:2,162.88 
4,257,993.47 
4,572,264.99 
4,293,584.99 
2.781,590.77 
6,763,122.00 
5,088,733.00 
5,376,331.00 
3,716,755.93 
5,112,035.00 
4,050,350.00 
3,068,231.00 
3,480,281.00 



220.00 

1,920.93 

332.73 

1,181,129.30 

6,581,305.40 

4,749,259.07 

6,519,798.37 

4,162,330.61 

11,377,943.78 

17,349,167 32 

1,978,081.41 

8,694,316.80 

101,403,599.00 

34,732,032.05 

51,737,739.25 

42,482,271.85 

67,081,496.10 

40,944.792.46 

41,377,123.96 

70,704,558.00 

48,820,427.29 

90,890,000.90 

62,788,654.00 

86,887,316.76 

68,855,890.00 

52,135,828.80 

59,164,787.80 

44,154,240.00 

369,529,600.00 



The amount remaining on hand is subject to a reduction of 163,496,626.33 acres, granted by Congress to aid 
in the construction of railroad lines, and not yet selected and certified to them. 

40 625 



POLITICAL MANUAL. 



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INDEX. 



Abbott, John C, Senator in 40th Congress, 383; in 41st, 
407. 507; motion on currency bill, 588. 

Adams, Geoequ M., Representative in 40th Congress, 348, 
384: in 41st, 408,508. 

ADMiS3ib>.',of Tennessee, 152; of Arkansas, 337; of North 
Carolina. South Carolina, Louisiana, Alabama, and 
Florida, 3:37, 338 ; of Virginia, Mississippi, and Tex- 
as, r.7^-570; of Georgia, 337-341, 393. 009-015. 

AiKEx, William, claimant to seat iii 39th Congress, 108. 

Akerm.an, Amos T , Attorney General, note, 507- 

ALAB.tMA, reconstruction facts in. 12, 21, 34; resolutions 
of legislature. 22; laws on freedmen, 33, 34; vote of 
legislature of 180G on XlVth constitutional amend- 
ment, 194, 260; ratified XlVth amendment, 428; 
made part of third military district. 200; resolu- 
tion of grand council of Union league of, in 1867, 
249, 250 ; orders and action of the military therein, 
204-206, 319-321 ; abstract of new constitution of, 
327 ; restoration to representation, 337,339, 340, 341 ; 
election returns in, 372; William H. Smith, gov- 
ernor, ordered to convene the legislature, 428; mil- 
itary rule withdrawn, 422,428; vote of legislature 
on XVth amendment, 557; claimants from, in 39th 
Congress, 107, 108; in 4(ith, 183, 348; Senators and 
Representatives in 40th Congress, 383, 384; in 41st, 
407,508; apportionment of currency in, 596; appor- 
tionment of representation under census of 1860, 
585; presidential vote in 1860, 372; in 1868, 499 ; reg- 
istration and disfranchisement in, and vote on con- 
stitutional conventions and on ratifying new con- 
stitution, 374. 

Alcor.n, James L., claimant to seat in 39th Congress, 
107; elected Governor of Mississippi, 260. 

AtLET, John B., Representative in 30th Congress, 108. 

AtLisox, Abraham K., president of the rebel senate of 
Florida, call of, forelection, and General Gillmore's 
order annulling, 24. 

Alliso.n, William B., Representative in 39th Congress, 
108; in 40th, 183, 348, 384; in 41st, 408, 508; motions 
on public credit bill, 396, 413; motion on currency 
bill, 594. 

Ambler, Jacob A., Representative in 41st Congress, 408, 
508. 

Amendments, bill to regulate mode of ratifying consti- 
tutional, 621. 

Amendments, Constitutional. FonRTEENTH — President 
Johnson's message and Secretary Seward's report 
upon, 83,84; votes adopting, 102; preliminary votes 
and propositions, 103-106; text of, 192,548; votes 
of legislatures upon, 194, 353; proposed substitute 
for, 258; ratification of, 379. Fifteenth — congres- 
sional proceedings on, 399-406; resolution as to ef- 
fect of, 415; votes of State legislatures on, 488,557- 
562; ratifying votes, proclamation, bills enforcing, 
and votes thereon, 545-572. Proposed Sixteenth, 
506; proposed religious, 506. 

Ames, Adelbert, Senator in 41st Congress, 507; appoint- 
ed military governor of Mississippi, 323 ; resolution 
concerning, 481. 

Ames, Oakes, Representative in 39th Congress, 108; in 
40th, 182, 347, 383; in 41st, 407, 507. 

Amnestt, President Johnson's proclamations of, 9, 342, 
344,419; Mr. Seward's accompanying circular, 10; 
resolutions of political conventions on, 249,365,367, 
478,481,482; votes on resolution for general am- 
nesty, 582, 583. 

AscoNA, SiDENHAM E., Representative in 39th Congress, 
lOB,; iresolution oa Fenians, 113. 



Anderson, George W., Representative in 39th Congress, 
108 ; in 40th, 183, 348, 384. 

Anthony, Henry B., Senator in 39th Congress, 107; in 
40th, 182, 347, 383 ; in 41st, 407, 507. 

Anti-slavery or XIIIth Constitutional Amendment, 
announcement of ratification of. 6; action of in- 
surrectionary States on, 19-24; President John- 
son's telegrams respecting, 22, 23, 25 ; resolutions 
of politieal conventions on, 117, 123, 247, .303. 

Applegate, a. J., appointed Lieutenant Governor of 
Alabama, 428. 

Appointments to Office, President Johnson's order 
respecting, 7. 

Apportionment of Represent.ation under census of 
1860, 125, 585; votes in 1870 to make a new, 583, 585. 

Archer, Stevenson, Representative in 40th Congress, 
182, 348, 384; in 41st. 407, 508. 

Arkansas, President Johnson's telegram to Governor 
Murphy, 28 ; claimants in 39th Congress, K)7, 108, 183 ; 
vote of legislature of 1866 on XlVth amendment, 
194; ratified XlVth amendment, .353; made part of 
fourth military district, 2(iO; Republican platform 
of 1867, 250, 251 ; orders and action of the military 
therein, 206, 321-323; new constitution of, 327; res- 
toration to representation, 337-339 : Senators and 
Representatives in 40th Congress, 347, 348, 384 ; in 
41st, 407, 507 ; military rule withdrawn, 422, 428, 429 ; 
date of withdrawal of military rule, 428: vote on 
XVth amendment, 488; apportionment of cur- 
rency in, 590 ; apportionment of representation 
under census of 18G0, 585 ; Presidential vote, in 
1860, 372; in 1868, 499; vote on calling constitu- 
tional convention and ratifying constitution, 374. 

Armstrong, William H., Representative in 41st Con- 
gress, 407, 508. 

Arnell, Samuel M., Representative in 39th Congress, 
108, 182; in 40th, 348, 384; in 41st, 408. 508. 

Arnold, Samuel, President Johnson's order for the ex- 
ecution of sentence upon, 7. 

Articles of Impeachment against Andrew Johnson, an- 
swer of, and judgment of the Senate, 206-282. 

Ashburn, George W., order on assassination of, 320. 

Ashley, Delos R., Representative in 39th Congress, 
108; in 40th, 182,348,384. 

Ashley, James M., Representative in 39th Crfhgress, 
108; in 40th, 183, 348, 384; action on imjreachment 
of President Johnson, 187, 189. 

AsPEB, Joel F., Representative in 41st Congress, 408, 508. 

Assassins of Abraham Lincoln, President Johnson's 
orders for trial and punishment of, 7 ; withdrawal 
of reward for John H. Surratt and others, 198; re- 
fusal of writ of habeas corpus in case of, 260. 

Attorneys' Test-oath, votes in House on repealing, 
111, 185; opinion of Supreme Court Upon, 220-239; 
orders of court on, note, 226, 228. 

Atwood, David, Representative in 41st Congress, note, 
508. 

Atzerodt, G. a.. President Johnson's order for the 
execution of sentence upon, 7; order respecting 
reward for, 198; application for habeas corpus, 260. 

Axtell, Samuel B., Representative in 40th Congress, 
348. 384 ; in 4Ist, 408, 508. 

Ayer, Richard S., Representative In 41st Congress, 508. 



Bailet, Alexander H., Representative in 40th Congress, 

note, 348, 383 ; in 41st, 407, 508. 
Baker, Jehu, Representative in 39th Congress, 108 ; in 
40th, 183, 348, 384. 



631 



632 



INDEX. 



Baker, Joshua, appointed governor of Louisiana, 325. 

Baldwin, .Iohn U., reply of President Jolinson to, SC-oS. 

Baldwin, JohnD., Representative in 39th Congress, 1C8; 
in 4uth, 182, :J4T, 383. 

Baltimore Tucubles of 18GG, General Grant's record 
upon, 297. 3(iu, SOCi. 

Banking and Cvureni'v, legislation on, 586-590; resolu- 
tions touching (.juestions of, 301, 392, 579, 580. 

Banking System, National, i-esolutions of political con- 
ventions on, 480, 483. 

Banks, tables showing taxation on. .373; right of the 
United States to tux State, 523-530 ; right of States 
• to tax national, 530. 5:;2; sundry propositions to re- 
strict as to circulation, rate of interest charged by, 
and interest on United States bonds held by, 589, 
590.594; Mr. Morgan's proposition for repeal of all 
acts authorizing the issue of national bank notes, 
593; amount received from tax on, 373, 0:^0. 

Banks, Nathaniel P., Kepresentative in 39tli Congress, 
lOS; in 4()th. 182, .347, 383; in 41st, 407,508; reports 
Cuban resolution. 019. 

Baeuoir, B. Johnson, claimant to seat as Representative 
in 39th Congress, 108. 

Barker, Abraham A., Representative in 39th Congress, 
108. 

Barker, Jacob, claimant to seat as Representative in 
39tii Congress, 108. 

Barnes, Demas, Representative in 40th Congress, 182, 
347, 383. 

Baknum, William H., Representative ia40th Congress, 

347, 383; in 41st, 407, note, 5oS. 

Babrt, Henry W., Representative in 41st Congress, 508. 

Battle, CvLLEN A., claimant to seat as Representative 
in 39tli Congress, 108. 

Baxter, Klisha, claimant to seat as Senator in 39th Con- 
gress. 107; in 40th. 183. 

Baxter, Portcs, Representative in 39th Congress, 108. 

Bayard, James A., Senator in 40th Congress, note, 347, 
383; motions on XVth amendment,"402, 404; as to 
public credit bill, .390. 

Bayard. Tuomas P., Senator in 41st Congress, 407, 507 ; 
funding motion, 001; motion to tax bonds, 007. 

Beale, W. H. R., Grant's recommendation for pardon 
of, 301.305. 

Beaman, Fernando C, Representative in 39th Congress, 
108; in 40th, 183, 348,384; in 41st, 408, 508; report 
on impeachment, 206. 

Be.\tty. John, Representative in 40th Congress, note, 348, 
384; iu 41st, 408, .508. 

Beck, J.vmes B., Representative in 40th Congress, 348, 
384 ; in 41st, 408, ,508 ; substitute for Mississippi bill, 
577; for Texas bill, 579; motion to tax interest on 
bonds, 600. 

Belknap, Williajh W., Secretary of War, note, 507. 

Bell. James H., telegram to Secretary Seward and re- 
ply, 199. 

Benja-min, John F., Represent.itive in 39th Congress, 
los ; in 40th, 183, 348, 384; in 41St, 408, 508. 

Bennett, David S., Representative in 41st Congress, 407, 
508. 

Benton, Jacob, Representative in 40th Congress, 182, 347, 
383; in 41st, 407, 507. 

Beegen, Teunis G., Representative in 39th Congress. 
108. 

BiDWELL, John, Representative in 39th Congress, 108. 

Biggs. Ben,iamin T., Representative in 41st Congress, 
407,508. 

Bingham, John A., Representative in .39th Congress, 108; 
in 40th, 183, 318. 384; in 41st, 408, 508; report on im- 
munities of citizens, 105; joint resolution for the 
restoration of Tennessee, 105, 151, 1,52; amendment 
to resolution on President's policy. Ill; motion 
respecting the transfer, suspension, or removal of 
the general commanding the armies, 178; bill to 
validate certain proclamations and acts of the 
President, 185; report on impeachment, 200; on 
committee to prepare articles of impeachment, 
200; manager of impeaohniont, 271; motions as to 
XVth amendment, 400, 4<J0; reports enforcing bill, 
5.50; substitute for Viiginia bill, ,574; proviso to 
Georgia bill. Oil; motion on Cuban resolution, 020; 
substitute for same, 021 ; reports bill to regulate 
mode of ratifying constitutional amendment, 021. 

Bird, John T., representative in 41st Congress, 407, 508. 

Black, Jeremiah S.,of counsel of Andrew Johnson, 271. 

Blackburn, W. Jasper, Representative in 40th Congress, 

348, 384. 

Blaine, Jame.s G., Representative In 39th Congress, 108 ; 

in 40th, 182, 347, 383; Speaker in 41st, 407, 507. 
Blair, Austin, Representative in 4oth Congress, 183, 348, 

384 ; in 41st, 408, .508 ; funding motion, 002. 
Blair, Francis P., nominated for Vice President, .371; 

letter of acceptancre. 309; preceding speech and 

letter to Colonel Brodhead, .380, 381. 



Blair, Montgomery, President Johnson's telegram to 
on reconstruction, 199. 

Blockade, proclamations concerning, 7, 9, 13. 

Blow, Henry T., Representative in 39th Congress, 108. 

Boles, Thomas, Representative in 40th Congress, 348, 
:i84 ; in 41st, 408, 508. 

Bonds of United States, resolutions of political conven- 
tions as to payment of or tax upon. 304, 307, 4S0, 
482; amount issued to Pacific railroad companies, 
030. 

Booker, George W., Representative in 41st Congress, 
508. 

Booth, John Wilkes, President Johnson's order re- 
specting reward for. 198. 

BoiiEMAN, AitTiiuK I., Senator in 41st Congress, 407, 507; 
ftmding motion, 001. 

Borie, Adolph ]•;., Secretary of Navy, and resignation 
of, 407. 

BouTWELL, George S , Representative in 39th Congress, 
108; in 40th, 182,347, 383; in 41st, resignation of, 
no/e, 407 ; resolution for trial of Jetf. Davis, 113; 
bill to prescribe test-oath for attorneys, 184; mo- 
tions on XVth amendment, 405; Secretary of the 
Treasury. 4oo, 507; reports on impeachment of An- 
drew Johnson, 204, 200; on committee to prepare 
articles of impeachment, 200; manager of impeach- 
ment, 271. 

BowEN, Christopher C. Representative in 40th Con- 
gress, 348. 384 ; in 41st, 407, 508. 

BoYCE, Henry, claimant to seat as Senator in 39th Con- 
gress, 107; in 40th, 183. 

Boyd, Sempronius H., Representative in 41st Congress, 
408, 508. 

Boyden, Nathaniel, Representative in 40th Congress, 
348, .384. 

Boyek, Benjamin M., Representative in 39th Congress, 
108 ; in 40th, 182, 348, 384. 

Branch, A. M., claimant to seat as Representative in 
39th Congress, 182. 

Brandegee, Augustus, Representative in 39th Congress, 
108 

Bromwell, Henry P. H., Representative in 39th Con 
gress. 108 ; in 40th, 183, 348, 384. 

Brooks, George M., Representative in 41st Congress, 
note. .508. 

Beooes, James, Representative in 39th Congress, un- 
seated, note. 108 ; in 40th, 182, 347, 383 ; in 41st, 407, 508. 

Broomall, John JI., Representative in 39th Congress, 
108; in 40th, 182, 348, 384; resolutions of, on recon- 
struction, note, 111-113; resolution declaring re- 
pudiation odious, 392. 

Brown, B. Gratz, Senator in 39th Congress, 107. 

Beown. Joseph E., governor of Georgia, call for rebel 
legislature, 20; order of GeneralGillmore revok- 
ing. 20; decision on intermarriage of white and 
colored persons in Georgia, 474; opinion on eligi- 
bility to office in Georgia of colored persons, 470. 

Browning, Orville H., call for Nation:! Union Conven- 
tion, 119; Secretary of the Interior, 181, 347,383; 
letter of. on General Grant, 289. 

Beownlow, William G., Senator in 41st Congress, 407, 
507 ; elected Governor of Tennessee, 27 ; President 
Johnson's telegram to, in 1805, respecting election, 
199; proclamation of. in 1867,208. 

Buchanan. Hugh, claimant to seat as Representative 
in 39th Congress, 108. 

Buchanan. General, General Grant's telegram to, .325; 
in temporary command in Louisiana, 422. 

Buck, Alfred E., Representative in 41st Congress, 508. 

Buckalew, Charles R., Senator in 39th Congress, 107; 
in 40th, 182, 347, 383 ; motion on XVth amendment, 
402; resolution upon, 123. 

Buckingham, William A., Senator in 41st Congress, 

407, 507 ; motions on funding bill, COO. 
Buckland, Ralph P., Representative in 39th Congress, 

108; in 40th, 183,348,384. 

Buckley, Charles W., Representative in 40th Congress, 
348,384; in 41. st, 508. 

Buffinton, James, Representative in 41st Congress, 407. 
507. 

Bullock, Rufus B., appointed Governor of Georgia, 
428 ; order to organize the legislature, 428. 

BuNDY, Hezekiah S., Representative iu 39th Congress, 
108. 

BuRCHARD, Horatio C, Reprcsent.ative in 41st Con- 
gress, note, 508; motion on currency bill, 594. 

Burdett, Samuel S., Representative in 41st Congress. 

408, C08. 

Burnett, David G., claimant to seat as Senator in 39th 

Congress, 182. 
Burr, Alhekt G., Representative in 40th Congress, 183, 

348,384: in 41st, 408, 508. 
Butler, Ben.tamin F., Representative in 40th Congress, 

182,347,383; in 41st, 407, 508; resolutions reported 



INDEX. 



633 



by, at Pittsburg convention for soldiers and sail- 
ors, ill 1800, 24J, 24a; amendment to reconstruotiou 
bill, 338; manager of impeaelinient, 271; objects 
to Georgia electoral vote, 394; reports Mississippi 
bill, 411), 411; tenure-of-oiiiee act, 414; reports 
Texas bill with conditions, 578; motion on fund- 
ing bill, 003; reports bill for restoration of Geor- 
gia, Gil; reports Senate amendment to Georgia 
biil.Gll. 

Butler. Koderick E., Representative in 40tli Congress, 
348,384; in 41st, 408, 508. 

Byf.es. WiiLi.iM. claimant to seat as Representative in 
39th Congress, 108. 



C.vB.iNiss, E. G., claimant to seat as Representative in 
3:ith Congress, los. 

Cabinet of President Johnson, members of, 107, 181,347, 
383. 

C.^DiNET OF President Grant, 400, 407, 507. 

CiESAR Griffin Case, opinions in the, 4.57^60. 

Cake, Henry L., Repre.^entative in 40th Congress, 182, 
343, 384; in 41st, 407, .508. 

California, Ilepublieau and Democratic platforms, 478, 
479; vote on XlVth amendment, 353; on XV'tli 
amendment, 557 ; Senators and Representatives in 
39th Congress, 107; in 40th, 182,347,383; in 41st, 
407, 507 ; apportionment of currency in, 590 ; appor- 
tionment of representation under census of 1800, 
585. 

Calkin, Heuvey C, Representative in 41st Congress, 407, 
508. 

Call, Wilkerson, claimant to seat in 39th Congress, 107. 

Callis, John B., Representative in 40th Congress, 348, 
384. 

Cameron, Simon, Senator in 40th Congress, 182, 347, 3S3 ; 
in 41st, 407, 507; proviso to Northern Pacific Rail- 
road bill, 508; funding motion, 001. 

Campbell, James B., claimant to seat as Senator in 39th 
Congress, 182. 

Campbell, James H., reports Union Pacific railroad bill, 
505. 

Campbell, John A., President Johnson's release of, 14; 
action respecting restoration of Virginia, 20. 

Campbell, Lewis D., resolutions reported by, at Cleve- 
land convention of soldiers and sailors in 1800, 
243. 

Campbell, William B., Representative in 39th Congress, 
108, 182. 

Canby, E. R. S., Major General, telegrams forbidding 
meeting of rebel legi.'-latures. 19 ; order of, su.s- 
pendiag certain otHeers in New Orlean.'?, 28; orders 
of, in third military district, 318, 319; orderassign- 
ing to second district, 345; assiirned to department 
of Washington, 422; to first military district, 424; 
to fifth and department of Texas, 424 ; in command 
first district, orders all civil officers to take test- 
oath, as to registration and voting, extending stay 
law and guarding against fraud, 420; justifies his 
test-oath order, 420, 427; in second military dis- 
trict annuls railroad appointments and withdraws 
military rule from North and South Carolina, 427, 
428; in command of fifth district, reassembles 
Texas constitutional convention, military posts, 
apprenticeship and education of children, real 
estate sales, indigent educational fund, relin- 
quishes command, 429, 430. 

Carpenter, M.ytthew H., Senator in 41st Congress, 407, 
507 ; motion on enforcment bill, 550. 

Caettee, Dayid K., Chief Justice Supreme Court Dis- 
trict of Columbia, opinions on test-oath, 234-230. 

Cary, Samuel F., Representative in 40th Congress, note, 
348, 384. 

Casserly, Eugene, Senator in 41st Congress, 407,507; 
motion on enforcing bill, 550; on Northern Pacific 
railroad bill, 508; on currency bill, 590 ; resolutions 
concerning, 479. 

Cattell, Alexander G., Senator in .39th Congress, 181 ; 
in 40th, 182, .347, 383; in 41st, 407, 507. 

Census of ISOti, showing population of each State and 
the representation of each, together with the Pres- 
idential vote of 1860, and otlier facts bearing on 
representation, 125. 

Central Branch Union Pacific Railroad Company, Uni- 
ted States bonds issued to, 503, G30. 

Central Pacific Railroad Company, United States bonds 

issued to, 50,3, 030. 
Cessation of Hostilities, Democratic resolution for, in 

1804, 118. 
Cessna, John, Representative in 41st Congress, 407, 508 ; 

motion on amnesty, 582. 
Chandler. Lucius H., claimant to seat as Representative 
in 39th Congress, 108. 



Chandliie, Zacuaeiah, Senator in 39th Congress, 107; in 
40th, 182, 347, 383; in 41st, 407, C07 ; motion respect- 
ing Mr. Stanton's removal, 203; motion on curren- 
cy^bill, 589. 

Chanler, John W., Representative in 39th Congress, 108; 
in 40th. 182. 347, 383. 

CuASE, Salmon P., Chief Justice, administration of oath 
to President Johnson, 44; President Johnson'sal- 
hisions to, 135, 140; opinion on habeas corpus ca.»e, 
217-220; opinion in Mississippi injunction case, 
239, 240; oath as presiding officer at impeachment 
tri.al, 271; motions proposing thanks to, 350, 308; 
vote for nomination for President. 371 ; dissenting 
opinion in Crandall is. Nevada, 430, 437; opinion of, 
in United States Supreme Court on State taxation 
of United States certificates, 437-139; on State tax- 
ation of Uniteil States notes, 439, 440; on the legal- 
ity of tender of United States notes for State taxes, 
440-443; on express contracts to pay coined dol- 
lars, 443-447; on the status of the State of Texas, 
44S-4c"4; in the McCardle case, 450, 457; the CiBsar 
Griffin ease, 4.')7-402; on validity of contracts in 
confedeiato money. .509-511; on" constitutionality 
of legal-tender clause as to prior conti-acts, 512- 
519 ; on right of United States Government to tax 
State Vianks, 523-528. 

Chilton, George W., claimant to seat as Representative 
in 39th Congress, 182. 

Chinese Naturalization, vote in the Senate on, G19 ; res- 
olutions of political conventions on, 478, 479, 

Christy, John H., claimant to seat as Representative in 
39th Congres.'i, 108: in 40th, 348. 

Churchill. John C., Representative in 40th Congress, 
182, .348, 383; in 41 st, 407, 508. 

Circulation of Currency in the various States, 590. 

Citizenship, constitutional amendment on, 102; legis- 
lation respecting, 78, 540-550. 

Civil Rights, legislation respecting conferring, on 
freedmen in insurrectionary States, 29-44. 

Civil-rights Act, veto of, copy of, and votes upon. 
74-80. 

Civil-tenure Act, veto of, copv of, and votes upon, 
17.3-178. 

Clark, Charles C, claimant to seat as Representative 
in 39th Congress, 108. 

Clark, Charles, President Johnson's release of, 14; 
call as governor for extra session of rebel legis- 
lature of Mississippi, 19. 

Clark, Daniel, Senator in 39th Congress, 108; resigna- 
tion of, 181. 

Clark, William T., Representative in 41st Congress, 
508. 

Clarke, Reader W., Representative in 39th Congress, 
108; in 40th. 183, 348, 384. 

Clarke, Sidney, Representative in 39th Congress, 108; 
in 40th, 182, 348, 3S4; in 41st, 408,508; resolutions 
on impeachment, 190 ; motion on Northern Pacific 
railroad bill, 570. 

Clay, Clement C, President Johnson's order for arrest 
of, 8 ; release of, note, 8. 

Cleaey, William C, President Johnson's order for ar- 
rest of, 8; order revoking reward for, 198. 

Cleveland. Orestes, Representative in 41st Congress, 
407, 508. 

Clifford, Nathan, Justice, Supreme Court United 
States, dissenting opinion in Crandall vs. Nevada, 
430, 437. 

Clift, J. W., Representative in 40th Congress, 348, 384. 

Coal, vote on proposed abolition of duty on, 582. 

Cobb, Amasa, Representative in 39th Congress, IDS; in 
40th, 183, 348. 384 ; in 41st, 408, 508. 

Cobb, Clinton L., Representative in 41st Congress, 407, 
508. 

CoBURN, John, Representative in 40th Congress, 183, 
348, 384; in 41st, 408, 508; motions on Northern 
Pacific railroad bill, 571 ; apportionment proposi- 
tion, 585; motion on currency bill, 594; on funding 
bill, 002. 

Coffroth, Alexander H., Representative in 39th Con- 
gress, note, 108. 

Cohen, Solomon, claimant to seat as Representative in 
39th Congress, 108. 

Coin Contracts, opinion of Supreme Court United 
States as to, 443-448. 

Cole, Cornelius, Senator in 40th Congress, 182, 347, 383; 
in 41st, 407, .507. 

Colfax, Schuyler, Speaker House of Representatives 
39th Congress, 108; in 40th, 182, 347,383; nominated 
for Vice President. 300 ; letter of acceptance, 306; 
declared elected Vice President, 395; Vice Presi- 
dent and President of Senate 41st Congress, 407, 507. 

Colorado, first bill for admission of, veto and votes, 
81-83 ; second bill, veto and votes, 100-164. 

Coloeed people, legislation respecting, by the recon- 



634 



INDEX. 



structed State governments! of 1865, 29-14 ; Presi- 
dent Johnson's interview uitli, 52-5(1; address to, 
63; conventions of. in insurrectionary States, is, 
20, 21-24; constitutional amendment (XlVth) se- 
curing citizensliip of, 417-H'J; constitutional 
amendment (XVth) securing suffrage for,399-40C, 
545, 540; act to enforce both, 54r>-55u. 

Colored Soldiers, President Johnson's address to, 49- 
52; General Grant's letter on protecting. 295. 

CoLuniiD Suffrage, President Johnson's telegram to 
Provisional Governor Sharkey, 19,20; President 
Lincoln to (Tovernor Ilahn, nute, 20; President 
Johnson's allusions to, 24.49,52-55; proposed in 
District of Columbia, 114-lUi; in Territories, lin, 
184; proposed in Connecticut and vote, 120; in 
District of Columbia, 114-116, 154-lOU: in insurrec- 
tionary States, 192; in various loyal States, 257, 
258. 3,')3, ;i54; constitutional amendment to secure, 
399-400, 545, 54ii; act to enforce, 546-550; resolu- 
tions of political conventions on, 123, 124, 244, 248, 
249, 478, 479, 4So, 481, 482, 483, 4S4, 486. 

Colored Volunteers, bill to suspend paj'inent of bounty 
to former owners of, 186. 

CoM.MANDER-i.\-CniEF. of the amiy, headquarters perma- 
nently fixed, protest of President Johnson and 
vote upon, 178. 

Commerce, Grant's messages on American, 540, 541,616. 

CoMMEuciAL Intercourse, President Johnson's orders 
respecting, 7. 9, 13. 

CoNFEUEK.^TE MuNEY, on the Validity of contracts in, 
509-511. 

Confiscated Lands, bill to restore to loyal owners, 187. 

CoNGEif. Umak L)., Kepresentative in 41st Congress, 40S, 
508. 

CoNGEESS, members of the 39th, 107; of the 39th, 2d 
session, and 40th, 1st session, 181,182; 40th, 2d ses- 
sion, 347, 348; 40th, 3d session, 383,384; ofthe41st, 
407, 507. 

Congress, resolution on duty of, to guarantee a repub- 
lican form of government, 112; President John- 
son's telegram to Provisional Governor Perry on 
organization of 39th, 24; members of 39th Con- 
gress, 107, 108, 181, 182; of 40th, 182,183, 347; of 
4lst, 407, 507 : President Johnson's description of, 
"as a body hanging upon the verge of the Gov- 
ernment," 127; other allusions to, 128, 129, 135, 137, 
138, 142. 

CoNKLiNG, RoscoE, Representative in S9th Congress, 
lOS; Senator in 40th, 182, 347, 383 ; in 41st, 407', 507 ; 
motion respecting Alabama, 341 ; motion on cur- 
rency bill, 588. 589; to strilie out income tax, 607, 
608; reports naturalization bill substitute, 618. 

Connecticut, election of 1865 on colored suffrage and 
election of 1866,120; election of 1867, 269: party 
platforms in 1867, 243,244; election of 1^68.372; 
vote on XlVth amendment. 194; vote on XVth 
amendment, 488, 489; election of 1869, 500; Sena- 
tors and Representatives in 39th Congress, 107 ; in 
40th, 182, 348.383; in 41st, 407, 507; apportionment 
of currency in, 696; apportionment of representa- 
tion under census of 1800, 585; Presidential vote 
of 1860 and 1864, 372; of 1868, 499. 

Conner, John C, Representative in 41st Congress, 508. 

CoNNEss, John, Senator in 39th Congress, 107; in 40th 
182, 347, 383; motion as to XVth constitutional 
amendment, 401. 

Conrad, Robert Y., claimant to seat as Representative 
in 39th Congress, 108. 

Constitutional Amendment, text of XlVth, 102. and pro- 
ceedings respecting, 191, 194, 352, 353, 379, 380; 
XVth, Congressional proceedings upon, 399-406; 
text of, 545, 546, and proceedings respecting, 657, 562. 

Constitutional Amendments, bill to regulate mode of 
ratifying, 621. 

Constitution of Illinois, new, 621. 

Constitution of New York, proposed, 326. 

Constitution of tub United States, copy of, 1-6; XlVth 
amendment, 102; XVth amendment, 399; Mr. Sew- 
ard's certificate of ratification of the anti-slavery 
amendment. 6; President Johnson's message on 
proposed amendment to, 83; votes on propositions 
of amendment, 102-106; votes of legislatures on the 
XlVth amendment, 194, S.«; on the XVth, 488-498, 
657-502; proposed substitute for XlVth, 2,58; rati- 
fication of XlVth amendment, 418; text of and 
vote on XVth amendment, 399-406; proposed 
XVIth amendment to, 500; proposed religiou.s 
amendment to, 606. 

Constitutions (new) of Maryland, Alabama, Arkan.sas, 
Florida, Louisiana, Georgia, North Carolina.South 
Carolina, Virginia, Mississippi, 326-336; Texas, 4.30- 
432; proposed in New York, but not adopted, 3'26. 

CoNBTiTirnoNALiTy of Legal-tendeii Clause, as it relates 
to contracts made prior to its adoption, 611-523. 



Contracts in Confederate SIoney, on the validity of, 
609-511. 

Contracts Praon to Adoption of Legal tender Clause, 
51l-5'23. 

Contracts, express, to pay coin, 443-448. 

Conventions, call for National Union, at Philadelphia, 
14th August, 1860, 118; resolutions of, 240,241; reso- 
lutions of Union National of 1864,117; of Demo- 
cratic National of 1S64, 118 ; of Pennsylvania Union 
and Democratic of 1866, 123; Maryland Union, 
1866, 124; call for Southern Unionists', 124; resolu- 
tions of, 241 ; of Pittsburg soldiers and sailors', 
242; of Cleveland soldiers and sailors', 243; other, 
of 1867, 243-257; resolutions of National, of 1852, 
1856, 1860, and 1S64, 356-364; of 1868, 364-368; State 
platforms of 1S69: California. Republican and 
Democratic, 478; Iowa, Republican and Demo- 
cratic. 479: Mississippi. Republican and Conserv- 
ative Republican, 480^82; Ohio, Republican and 
Democratic, 4S2; Pennsylvania, Republican and 
Democratic, 484-486; Washington Territory, Re- 
publican and Democratic, 487: State platforms of 
1870: Indiana, Republican and Democratic, 622- 
624; Ohio, Democratic, 624. 

Cook, Burton C., Representative in 39th Congress, 108; 
in 40th. 183, 348,384; in 41st, 408, 508; bill to sus- 
pend payment of bounty to former owners of col- 
ored volunteers, 186. 

Cook, Philip, claimant to seat as Representative in 39th 
Congress, 108. 

Cooke, General P. St. G., to department of Cumberland, 
425. 

Coolie Question, resolutions of political conventions 
on, 478, 479. 

Cooper, Edmund, telegram respecting peace proclama- 
tion, 17; representative in S9th Congress, 108, 182. 

Corbett, Henry W., Senator in 40th Congress, 182, 347, 
3S3; in 41st, 407, 607 ; motion respecting Mr. Stan- 
ton's suspension, 263; motion on XVth constitu- 
tional amendment, 402; motion on funding bill, 600. 

CoRLEY, Simeon, Representative in 40th Congress, 34S, 
384. 

Cornell, Thomas, Representative in 40th Congress, 182, 
347, 383. 

County of Lane vs. The State of Oregon, opinion of the 
Supreme Court United States in case of, 440-443. 

Covode, John, Representative in 40th Congress, 182, 348, 
384; in 41st, 508. 

Cowan, Edgar, call for National Union Convention, 119 ; 
Senator in 39th Congress, 107; proposition for fe- 
male suffrage, 184; resolutions upon, 1'23; resolu- 
tions reported by, in National Union Convention 
of ISfiO, 240, 241. 

CowLES, George W., Representative in 41st Congress, 
407, 508. 

Cox, Jacob D., Secretary of the Interior, 407, 507. 

Cox, Samuel (=5., Representative in 41st Congress, note, 
407; note, 608; general amnesty resolution, 582; mo- 
tion on income tax, 005. 

Ckagin, Aaron H.. Senator in .39th Congress, 107; in 
4uth, 182, 347, 383; in 41st, 407. 507. 

Crandall, William H., vs. The State op Nevada, opin- 
ion of the Supreme Court United States, 43.3-4.37. 

Crebs. John M., Representative in 41st Congress, 408, 
508. 

Credit, bill to strengthen public, 395, 397, ("pocketed " 
by President Johnson;) act, 412, 413, (approved by 
President Grant.) 

Ceeswell, John A. J., Senator id 39th Congress, 107; 
Postmaster General, 407, .'■)07- 

Crook, George, General, to department of the Colum- 
bia, 422. 

Cuba, Grant's message as to, 542, 544. 

Cuban Question, congressional proceedings on, 619. 

Cullom, Shelby M., Kepresentative in 39th Congress, 
108 ; in 40th. 183, .348, 384 ; in 41st, 408, 508. 

Culver, Cuarles V., Representative in 39th Congress, 
108. 

CuMMiNGS, John A., is. State of Missouri, opinion of Su- 
preme Court on, 220-226. 

CuRHE.NCV, resolutions touching the, 391, 392, 579, 580, 
581; act on banking; ;uid,.580-59<'); action under, 59G. 

Curtis. Benja.min i;., orc<iuuselof Andrew Johnson, 271. 

CusTis, W. H. P.., claimant to seat as Representative in 
39th Congress, 108. 

Cutler, R. Kino, claimant to seat as Senator in .%th 
Congress, 10'7. 

D 

Danifx, Raleigh T., Virginia election dispatch ito 

President Grant, ,506. 
Darling, William A., Repieseatative in39th Congreas, 

108. 



INDEX. 



635 



Darrall, Chester B., Representative in 41st Congress, 

508. 

Davis, Beverly A., claimant to seat as Representative 
in 39th Congress, 108. 

Davis, David, Justice, opinion in Milligan case, 209-217; 
indorsements of, 244, 248. 

Davis, Garrett, Senator in 39th Congress, 107; in 40th, 
182, 347, 383; in 41st, 407, 507; motion in the im- 
peachment trial as to the competency of tiie court, 
271; motion as to general disability bill, 393; mo- 
tions on XVth amendment, 405; motion on enforc- 
ing bill, 555; currency bill, 589; financial bill, 599; 
income tax, 608. 

Davis, Jeffersox, President Johnson's order for arrest 
of, 7; resolutions for trial of, 113; President John- 
son's allusions to, 135, 140; memorial of Legisla- 
ture of Mississippi for pardon of, 20; order respect- 
ing reward for, 198. 

Davis, Noah, Representative in 41st Congress, 407, 508; 
funding bill motions, 603, 604; introduces naturali- 
zation bill, 618. 

Davis, Thomas T., Representative in 39th Congress, 108 ; 
motion to table impeachment resolution, 188. 

Dawes, Henry L., Representative in 39th Congress, 108 ; 
in 4oth, 182, 347, 383; in 41st, 407, 508; moves substi- 
tute to Georgia bill, 614. 

Dawson, John L., Representative in 39th Congress, 108. 

Debt of United St.4.tes, since 1S57, 12C, 259, 374, 500-502, 
627-630; act to autliorize the refunding of the na- 
tional, 597; McNeely's resolution on purchasing the, 
580; resolutions of political conventions on mode of 
payment, 123, 249, 252, 304, 480, 482. 

Decisions, Judicial, 434-475, 509-532. 

Defrees, Joseph H., Representative in 39th Congress, 
108; resolution on elective franchise, 110. 

Degener, Edward, Representative in 41st Congress, 
508. 

Delano, Columbus, Representative in 39th Congress, 108 ; 
in 40th, 7iote, 348. 384. 

Delaware, vote on XlVth amendment, 194; vote on 
XVth amendment, 557; Senators and Representa- 
tives in 39th Congress, 107, 182; in 40th, 347,383; 
in 41st, 407, 507 ; apportionment of currency in, 
596; apportionment of representation under census 
of 1860, 585 ; Presidential vote in 1860 and 1864, 
372 ; in 1808, 499. 

Deming, Henry C., Representative in 39th Congress, 108. 

Democratic, National Platform of 1864, 118; address of 
Democratic congressmen in 1866, 119, 120; plat- 
form of Pennsylvania in 1866, 123 ; sundry otner, 
of 1867. 244, 246, 247 ; of 1868, 364-368 ; of 1869, 478- 
488 ; of 1870, 622-624 ; national platforms of 1852, 
1856, 1860, and 1804,356-364; of 1808, 367, and vote 
for candidate for President in, 371 ; vote for Presi- 
dent in 1860 and 1804, 372 ; in 1868, 499. 

Denison, Charles. Representative in .39tli Congress, 
108 ; in 40th, 182 ; death of, note, 348. 

Dennison, William, resignation of, as Postmaster Gen- 
eral, 181. 

Dent, Louis, vote for Governor of Mississippi, 260, 

Deweese,John T., Representative in 40th Congress, 348, 
384; in 41st, 407; resignation of, ?ioie, 508. 

DiCKET, Oliver J., Representative in 40th Congress, 
note, 384; in 41st, 407 , 508 ; motion on Georgia bill, 
615. 

Dickinson, Edward F., Representative in 41st Congress, 
408, 508. 

Direct Taxes, proposed constitutional amendment on, 

104. 
Disabilities, vote on proposed removal of, in South 
Carolina, 393. 

Disfranchisement in insurrectionary States under re- 
construction acts, table showing, 374. 

District of Columbia, President Johnson on proposed 
suffrage in, 52; bill on suffrage, 114-116; bill to 
regulate the elective franchise in, veto of, copy of, 
and votes upon, 154-160; bill for the further se- 
curity of equal rights in, 351, 395; apportionment 
of currency in, 596. 

Dixon. James, Senator in 39th Congress, 107 ; in 40th, 

182, 347, 3S3 ; President Johnsoii's interview with, 
51 ; call for National Union Convention, 119; prop- 
osition for intelligence test for suffrage, 1S4; 
amendment to resolution on Mr. Stanton's removal, 
262; motions on XVth amendment, 402, 405 

Dixon, Nathan F., Representative in 39th Congress, 

108 ; in 40th, 347 383 ; in 41st, 407, 508. 
DocKERY. Oliver II., Representative in 40th Congress, 

34S, 3S4; in 41st, 40T, 50S. 
Dodge. Grenville M., Representative in 40tb Congress, 

183, 34S, 3S4. 

Dodge, William E., Representative in 3*th Congress, 108. 
:D.ONLEY, JosEPB B., Representative in 4l3t Congress, 
' 407,508. 



Donnelly, Ignatius, Representative in 39th Conccress, 
108; in40th,lS3. 348, 3'-4. 

Doolittle. James 11., call for National Union Convention, 
119 ; Senator in 39th Congress, 107 ; in 40th. 182. 347, 
3'>3; amendment to reconstruction bill, 33S ; vote 
for nomination for President, 371; motion onXVtli 
amendment, 405. 

Douglas, Stephen A., introduces Hlinois Central rail- 
road bill, 564. 

Douglass, Frederick, address to President Johnson, 
reply of, and his rejoinder, 52-58. 

Douglass, Lewis H., reply of, to President Johnson, 50. 

Downing, George T., address to President Jolinson, re- 
ply of, and his rejoinder, 52-56. 

Dox, Peter M,, Representative in 41st Congress, 508. 

Drake, Charles D., Senator in 40th Congre.'^s, 182, 347, 
383; in 41st, 407, 507; motion respecting Mr. Stan- 
ton's removal, 263; amendment to Arkan'-as bill, 
337; motions as to XVth amendment, 401, 404; 
amendment to Virginia bill, 575; motion on appor- 
tionment bill, 584; on Georgia bill, 613. 

Driggs, John F., Representative in 39tli Congress, 108; 
in 40th, 183, 348. 384. 

DuMONT, Ebenezer, Representative in 39th Congress, 
108. 

DuEANT, Thomas J., appointed governor of Louisiana 

and declined, 323. 
Duties upon JVIerchandise in French Ships, President 

Grant's proclamation respecting, 421. 
Duval, Isaac H., Representative in 41st Congress, 408, 

508. 
Dyer, David P., Representative in 41st Congress, 406, 

508. 

E 

EcKLET, Epheaim R., Representative in 39th Congress, 
108 ; in 40th, 183, 348, 384. 

Edmunds, George F., Senator in 39th Congress, note, 
107; in 40th, 182, 347, 383; in 41st, 407, 507; resolu- 
tion on removal of Mr. Stanton, 262; on confirm- 
ing General Schofield, 204 ; resolution as to Georgia 
electoral vote, 393; proviso to Virginia admission 
bill, 575; motion as to apportionment, 584; income 
tax, 608; gross receipts, 608; Georgia bill, 614. 

Edwards, Willlam P., Representative in 40th Congress, 
348, 384. 

Eggleston, Benjamin, Representative in 39th Congress, 
108; in 40th, 182,348,384. 

Eight-hour Law, resolutions of political convention 
on, 478, 479. 

Eight-hour Wages, President Grant's proclamation on, 
421. 

Ela, Jacob H., Representative in 40th Congress, 182, 
347,383; in 41si, 407, 507; motion on Northern Pa- 
cific railroad bill, 571. 

Eldridge, Charles A., Representative in 39th Congress, 
108; in 40th, 183, 348, 384; in 41st, 408, 508 ; motion 
on Cuban resolution, 620. 

Elections, of 1S60,,372; of 1864, 372; of 1866, 120; of 1867, 
259 ; of 1866 and 1867, 372 : of 1868, 499 ; of 1869, 506. 

Elective Franchise, resolution concerning, in the 
States, 110; in District of Columbia, 114-116, 154- 
160; in Territories, 116, 117, 181; in the insurrec- 
tionary States, 192; President Lincoln upon, note, 
24; President Johnson upon, 19, 20, 24, 49. 52-55, 
154-159 ; proposed female and intelligence suf- 
frage, 184; XVth amendment, 399-406, 545. 

Electoral College of 1860 and 1864 and vote in, 372; of 
1868, 499 ; act respecting counting votes in. 378, 
veto of, by President Johnson ind votes on repass- 
age, 379. 

Electoral Vote of 1868, concurrent resolution respect- 
ing the, and proceedings under. SOS-.'SOo. 

Eliot, Thom.^s D., Representative in 39th Congress, 108; 
in 40th, 182, 347, 383; bill to repeal power to pardon 
by proclamation, 183. 

Elliott, J.\me8 T., Representative in 40th Congress, 384. 

Emory, General VV. LI., assigned to department of Wash- 
ington, 424. 

Enforcement Act, te.xt of and action upon. 546-550. 

Epperson, Benjamin H., claimant to seat as Represent- 
ative in 39th Congress, 182. 

Equal Rights in District of Columbia, bill for further 
security of, 351, 395. 

Equal Taxation, resolutions of political convention.'? 
on, 249, 251, 253, 304, 367, 478. 

EvARTS, William M., of counsel of Andrew Johnson, 
271; Attorney General, 383; as to military aid to 
United States marshals, 422, 423. 

Evidence of Colored Persons befc»re military courts, 
425. 

EwiNO, Thomas, Jr., proposed resolution of, at soldiers 
and sailors' convention, 369; TOte for nomination 
for President, 371. 



636 



INDEX. 



ExcHAXGE OP pEisOKEns, Gcn.'rnl Grant's testimony 

upon, iuG. 
ExPEXDiriRES AND Ueceipts SINCE 18C0, tablcs showing, 

;}7.".-:i77. 
Express Contracts to pav Coin, decision on, 443-448. 

P 

FABCiUHAE, John H., Representative in 39th Congress, 

108. 

Farnswoktii. John F., Representative in 39th Congress, 
108; in 40th, 183, .348, 384; iu 41st, 408, 508; report on 
impeac-liment, 2GG; motion respecting Florida, :!ll ; 
reports Virginia bill, 573; motion on Georgia bill, 
Clo. 
Faerow, James, claimant to seat as Representative iu 

3'jth Congress, lOS. 
Female Suffrage, proposition lor, in Senate and House, 
and votes, 184; former, in New Jersey, note, 2.38; 
proposition in Kansas and Wisconsin, 2.j8; votes 
upon, 353; in Massachusetts, .50G; proposed consti- 
tutional amendment to secure, 50."). 
Fenian Inv.^sion, President Grant's proclamation 

against, 544. 
Fenton. Revben E.. Senator in 41st Congress, 407, 507. 
Febriss, Orange, Representative in 40th Congress, 182, 
347,383; in 41.';t. 407, 0ii8; resolution as to validity 
of XlVth and XVth amendments, 583. 
Ferrv, Okris S., Senator in 40th Congress, 182. 347, 383; 
in 41st, 407, 507 ; amendment to the Arkansas bill, 
34o. 
Ferry, Thomas W., Representative in 39th Congress. 

108; in -icith, 183, 34S, 384; in 4oth, 408, 508. 

Fessexden. William Pitt, Senator in 3;)th Congress, 107 ; 

in 40th, 182, 347, 383 ; in 41st, 407 ; death of, note, 507 ; 

report from Committee on Reconstruction, 84--93. 

Field, Stephen J., Justice, opinion in test-oath cases, 

220-228 ; vote for nomination for President, 371. 
Fields, William C, Representative in 40th Congress, 

182, 348. 383. 
Fifteenth Amendment, congressional proceedings, 398- 
400; resolution as to etteet. 415; votes of States on, 
488-498, 557-502; proclamation of ratification, .545, 
540; bills to enforce, and votes thereon, 54G-.550; 
House vote on validity t)f, 583; resolutions of po- 
litical convention.s on, 478, 479, 480, 481, 482, 483, 484, 
485, 488. 
Financial Legislation on 5.20's, 10.40's, Greenbacks, &c., 

354, 580-590; McNeely's resolution on, 59G. 
Finck, William E., Representative in 39th Congress, 

108. 
FiNKELNBURG, GusTAVCs A., Representative in 41st Con- 
gress, 408, 508. 
Finney, Iiarwin A., Representative in 40th Congress, 

182, 348; death of, note, 384. 
FiECT National Bank at Louisville vs. Kentucky, opin- 
ion of Supreme Court United States in ease of. 531. 
Fish, Hamilton, Secretary of State, 406, 507 ; certificate 

ratification XVth amendment, 545, 546. 
Fisher, John, Representative in 41st Congress, 407,508. 
Fitcu, Thomas, Representative in 41st Congress, 408, 

508. 
Five-twenty Bonds, act authorizing, 354. 
Flanagan, James W., Senator in 41st Congress, 507. 
Flanders, Benjamin F., appointed governor of Louis- 
iana, 323; resigned, 325. 
Florida, provisional governor appointed, 12; General 
Gillmore's order annulling acting Governor Alli- 
son's call of rebel legislature, 24; reconstruction 
etcps in, 24, 25; Freedmen's code, 38-41 ; claimants 
in Congress, 107, 108; made part of third military 
district, 200; orders and action of the military 
therein, 204-206, 319-321; new constitution of, 328, 
329; restoration to representation, 337, .341 ; vote of 
legi.-<latnrc on XlVth amendment, 353; Senators 
and Representatives from, 348; cessation of mili- 
tary rule, 422, 428; vote of legislature of 1860 on 
XlVth amendment, 194; ratifies XlVth amend- 
ment, 353,379. 428; vote on XVth amendment. 489; 
claimants in .39th Congress, 107 ; Senators and Rep- 
resentatives in 40th, 347, 383; in 41st, 407, 507; ap- 
portionment of currency in, 590; apportionment 
of reprcs^'ntation under census of i860, 585; ratifi- 
cation of constitution, 428; presidential vote in 
1860, .372; in 1808, 499; registration and disfran- 
chisement in, 374; vote on constitutional conven- 
tion, 1374. 
Fooo, Geoege G.. Senator in 30th Congress, 181. 
Foot, Solomon, Senator in 39th Congress, 107; death of, 

note, 107. 
Forney, John W., Secrctai-y of the Senate, 39th Con- 
gress, 107; in 40th, 182; resignation of, 347; allu- 
sions of President Johnson to, 01. 
FoETi£TH Congress, members of, 182, 347, 383. 



Foktt-First CoNGEEse. members of, 407, 408, 507. 

Fosteu, J. G., General, Grant's order to, on order 4"!, 
308 ; report of, note. 309. 

Foster, Lafayette S., Senator in, and President of the 
Senate in .'!9th Congress, 107. 

Foster, Thomas J., claimant to seat as Representative 
in 3;)th Congress, 108. 

Fourteenth Constitutional Amendment, text of and 
votes on adoptins, 102 ; votes of legislatures on 
ratifying, 191-194, 352, 353,; certificate of Mr. Sew- 
ard respecting. 379 ; concurrent resolution of Con- 
grc.=supon.3s(); President Johnson's proposed sub-, 
stitutes for, 258 ; form of ratification of, liy certain 
of the insurrectionary States, 260, 379; Mr. Seward's 
final certificate, 417-419; opinions of Judges ("base 
and Underwood under, 457-4(;6; actenfoi'cing XVth 
and, 54G-5JO; House vote on validity of, 58 .; reso- 
lutions of political conventions on, 123, 124, 240, 
242, 243, 485, 488. 

Fowler, Joseph S., Senator in 39th Congress, 107. 181 ; 
in 40th, 182,347, 383; in 41st, 407, 507; motions on 
XVth amendment, 401, 405. 

Fox, John, Representative in 40th Congress, 182, 347, 
383; in41st, 407,50'<. 

Frederick ISeonson vs. Peter Rodes, opinion of .Supreme 
Court United States in case of, 44;j-4-18. 

Freedmen's Bure.4.u, President Johnson's veto of first, 
copy of, and votes on passing and repassing, 68-74 ; 
veto of second, copyof, votes on passing and re- 
p.assing. 147-151 : general operations of, to April, 
1866, note. 13; number of rations issued by, to April 
1, 1866, note.ed; bill to continue, .349; whole ex- 
penditures of, note, 349 ; additional bill, 378. 

Freedmen's Codes in North Carolina, Alississippi, Geor- 
gia, Alabam.a, South Carolina, Florida, Virginia, 
Tennessee, Texas., and Louisiana, 29-44. 

Freeman, George C, claimant to seat as Representative 
in S9th Congress, 108; decease of, 182. 

FRELiNGuirYSF.N, Feedleicr T., Senator in 39th Congress, 
181 ; in 40th, 1S2, 347, 383 ; bill to restore confiscated 
property, 187 ; motion respecting General Scho- 
field's confirmation, 264. 

French, John R., Representative in 40th Congress, 348, 
384. 

Fuller, Thomas C, claimant to seat as Representative 
in 39th Congress, 108. 

Funding Act of 1870, 597, (approved by President Grant.) 

Funding Rill, the, of 1868, 3S2, ("pocketed" by Presi- 
dent Johnson.) 

G 

Garfield, James A., Representative in 39th Congress, 
108; in 40th, 183,348,384; in 41st, 408, 508: resolu- 
tion condemning repudiation, 579; substitute for 
currency bill, 591 ; motion on, 595. 

Garland, Augustus H., claimant to seat as Senator in 
40th Congress, 183; opinion of Supreme Court in 
case of, 226-234. 

General Amnesty, President Johnson's, 9, 344, 419; 
votes on, in House, 582, 583. 

Georgia, General Gillmore's order annulling Giovernor 
Brown's call for a meeting of the rebel legisla- 
ture, 20; reconstruction steps in, '20, 21; action 
respecting rebel war debt, 21 ; laws on freedmen, 
32,33; vote of legislature of 1866 on XlVth amend- 
ment, 194 ; made part of third military district, 
200 ; orders and action of the militarv therein, 
204-206, 319-321 ; new constitution of, 330, 331 ;. first 
act for restoring representation, 337 ; resolution 
on same subject, ;')93 ; ratification of XlVth amend- 
ment, 260, 380, 428 ; counting electoral vote of, 393- 
395; military government ends, 422, 428; military 
orders as to resign.ation of sheriffs, intimidating 
voters, carrying arms, armed assemblages, the 
test-oath, ratification of constitution, provisional 
governor, and stay law, 428; subsequent action of 
legislature of, and Grant's recommendation con- 
cerning, 633; judicial decisions as to negroes hold- 
ing office and" intermarriage of whites and blacks, 
406-475; votes on XVth amendment, 489, 190, 5-57 ; 
final reconstruction and restoration of, 609-015; 
claimants in 39th Congress, 107, 182; in 40th, Lst 
session. 348; Senators and Representatives in 40th, 
3d session, 38.^; in 41st, 407, 507 ; apportionment of 
currency in, 596; apportionment of representation 
under census of 1860. 585 ; Presidential vote in 1860, 
372; in 1868,499; registration and disfranchise- 
ment in, votes on calling constitutional conven- 
tion and ratifying constitution, 374. 

Getz, J. Lawrence, Representative in 40th Congress, 
182, 348, 384 ; in 41st, 407, 508. 

Gibson, James K., Representative in 41st Congress,508. 

Gilbert, Adijah, Senator in 41st Congress, 407, 507. 



INDEX. 



037 



Qrr.Fii.iAN, Cacviv W., Representative in 41at Congress, 
407, 508. 

OiLLEM, General A. C, assigned to fourth military dis- 
trict, 3it?, 422 ; relieved, 424. 

GiLLMORE, Majok Genebal, Order revokinia; Governor 
Brown's call for meeting of rebel legislature, 20; 
order annulling Governor Maegratli's prooUuna- 
tions, 22; annulling call for rebel legislature of 
Florida, 24. 

Glossbrennee, Adam J., Representative in 39th Con- 
gress, 108 ; in 40th, 182, 348, 384. 

GoLLADAT, Jacob S., Representative in 40th Congress, 
348, 3S4; in 4.1st, 408; resignation of, «ofc, 508. 

Goodyear, Charles, llepresentative in 3uth Congress, 
108. 

GoRHAM, George C, Secretary of the Senate, 40th Con- 
gress, 347, 407, 507. 

Goss, James H., Representative in 40tli Congress, 348, 384. 

Gove, Samuel F., Representative in 40th Congress, 348, 
384. 

Graham, William A,, claimant to seat in 39th Congress, 
107. 

Geant, Ulysses S., General, Letters of, to Secretary 
Stanton and President Johnson on taking the War 
Office nd interim, 261, 262; to and from l^resident 
Johnson respecting his retirement from the War 
Office, 282-293; on removal of Sheridan and Stan- 
ton, 306-308; to Hon. E. B. Washburne on slavery 
and reconstruction, 294; to Hon. I. N. Morris on 
being a candidate for office, 295; on results of 
"peace on any terms," and filling the armies, 295; 
on protecting colored soldiers, 290; on going to 
Mexico, 296; on Baltimore troubles of 1866, 297; 
on martial law in Texas, 298 ; on order 44, 308 ; to 
Generals Foster, Sheridan, Pope, Jleade, Ord, and 
Governor Throckmorton, respecting reconstruc- 
tion matters, 308-314 ; Secretary of War ad interim, 
347 ; accepting nomination for President, 365. 

Grant, Ulysses S., General, Orders of, for protection of 
loyal persons, 122; for suppression of disloyal 
newspapers, 123, and revocation of the same, 199 ; 
assigning commanders to military districts, 200; 
disallowing State and local elections in Alabama, 
204; respecting return of slaves from camps, 293; 
use of colored persons in the army, 293; organiza- 
tion of negro regiments, 294; establishment and 
control of camps for freedmen, 294; orders and 
telegrams respecting reconstruction, 308-314; on 
reappointing removed civil officers in the rebel 
States, 314; telegram to General Buchanan, 325; 
orders redistricting southern States, 422; military 
aid to civil authorities, 423, 424; sentences of mili- 
tary commissions, &c., 424; assigns Canby to and 
relieves Reynolds from fifth military district, 424. 

Grant, Ulysses S., General, Reports of, on condition of 
insurrectionary States, 67, 68; terms of Lee's sur- 
render, 120, 121; and views upon, 299; law fixing 
headquarters of, 178 ; testimony on exchange of 
prisoners, 296; testimony on reconstruction, 298- 
306; testimony on Baltimore troubles, 305, 306; on 
applications of Lee and others for benefit of am- 
nesty, 301-305 ; report of, as Secretary of War ad 
interim, 314-316. 

Grant, Ulysses S., Lieutenant General, resolutions 
upon, 123, 365. 

Grant, Ulysses S., President, declared President of the 
United States, 395; cabinet of, 406,407; inaugural 
address, 416, 417: reconstruction message, 417; 
proclamation for Virginia election, 420.421; as to 
duties on merchandise. 421 ; eight-hour wages, 421 ; 
for Mississippi election, 505; for Texas election, 
605, 506; majority for President United States, 499; 
first annu.ll message, 533-540; special messages 
on commerce, 640, 641 ; urging ratification of San 
Domingo treaty, 641, 542; Ciiban affairs, 542-544; 
proclamation against Fenian invasion, 541; an- 
nouncing ratification of XVth amendment, 545; 
message on European war and American shipping, 
616. 

Grant, Ulysses S., President, resolutions concerning, 
478, 481, 482, 483, 484, 485, 487. 

Grants, Land, from 1827 to 1870, 563-572, 625. 

Gravely, Joseph J., Representative in 40th Congress, 
183, 348, 384. 

Greenbacks, law of 1864 limiting amount of, 335 ; other 
legislation on, 586-596; McNeely's resolution on, 
596; Morg.an's proposition respecting, 593. 

Greene, George W., Representative in 41st Congress, 
407; unseated, note, 508. 

Grider, Henry, Representative in 39th Congress, 108 ; 
death of. 182. 

Geier, Robert C, Justice, dissenting opinion as to 
status of Texas, 454, 456, 623 

Geiffin, CaisAK, judicial opinions on case of, 457-466. 



Griffin, Charijis, General, order for t!ie preservation 

of peace, 207; jury order of, 323; order respecting, 

344. 
Grimes, James W., Senator in 39th Congress, 107 ; in 40th, 

182, 347, 3S:J; in 41st 407; resignation of, «ofe, 507. 
Grinxell, Josiah B., Representative in 39tli Congress, 

108. 
Griswold, John A., Representative in 39th Congress, 

108; in 4ath, 182,347, 383. 
Griswold, John A., Representative in 41st Congress, 

4o7, .508; funding motion of, 603. 
Groesueck, William's., of counsel of Andrew Johnson, 

271. 
Geover, Asa P., Representative in 40th Congress, 348, 

384. 
Guthrie, James, Senator in 39th Congress, 107 ; in 40th, 

182 ; resignation of, note, 347. 

H 

Habeas Corpus, annulling suspension of, in certain 
States, 15; resolution on, 122; bill respecting, 110; 
opinions of Supreme Court on, 210-220; President 
Johnson's action on application for, by counsel of 
Mrs. Surratt, 260. 

Hahn, Michael, claimant to seat in .39th Congress, 107; 
President Lincoln's letter to, on colored suffrage, 
note, 20. 

Haioht, Charles, Representative in 40th Congress, 182, 
348,384; in 41st, 407, 608. 

Haldeman, Richard J., Representative in 41st Con- 
gress, 407, 508. 

Hale, Eugene, Representative in 41st Congress, 407, 
607. 

Hale, Robf.ut S., Representative in 39th Congress, 108 ; 
amendment to suffrage bill, 114._ 

Halleck, General H. W., to military division of the 
South, 424. 

Halpine, Charles G., President Johnson's interview 
with, 141-143. 

Halsey, George A., Representative in 40th Congress, 
182, 348, 384. 

Hambleton, James P., claimant to seat as Representa- 
tive in 39th Congress, 182. 

Hambleton, Samuel, Representative in 41st Congress, 
407, 606. 

Hajiill, Patrick, Representative in 41st Congress, 407, 
608. 

Hamilton, Andrew J., appointed provisional governor 
of Texas, 28; resolutions reported by, at Southern 
Loyalists' Convention, 241. 

Hamilton, Charles M., Representative in 40th Con- 
gress, 348, 384 ; in 41st, 408, 508. 

Hamilton, Cornelius S., Representative in 40th Con- 
gress, 183; death of, note, 348. 

Hamilton, Morgan C, Senator in 41st Congress, 507. 

Hamilton, William T., Senator in 41st Congress, 407, 
507 ; motion to ta.x interest on public debt. 607. 

Hamlin, Hannibal, Senator in 41st Congress, 407, 507; 
motion on enforcing bill, 555; on funding, 600; on 
Georgia bill, 613; naturalization bill, 019. 

Hancock. Winfield S., assigned to department of the 
Cumberland, 306; assigned to the 5th district, 308, 
345; orders and action as such, 324, 325 ; relieved 
.and assigned to command of military division of 
the Atlantic, 346 ; vote for nomination for Presi- 
dent, .371 ; to department of Dakota, 424. 

Hanes. Lewis, claimant to seat as Representative in 
39th Congress, 108. 

Harding, Aaron, Representative in 39th Congress, 108. 

Harding, Abner C, Representative in 39th Congress, 
108; in 40th, 183, 348,384. 

Harlan, James. Secretary of the Interior, 107: resig- 
nation of, 181; Senator in 40th Congress, 182, 347, 
3 3; in 41?t, 407. 507; motion on Northern Pacitie 
railroad bill, 567. 

Harris, Benjamin G., Representative in 39th Congress, 
108. 

Harris, George E., Representative in 41st Congress, 
508. 

H.4.ER1S, Ira, Senator in 39th Congress, 107. 

Harris, John S., Senator in 40th Congress, 3'^3, in 41st, 
407. 507. 

Harrison, James T., claimant to seat as Representative 
in 39th Congress, 108. 

Hart, Roswell, Representative in 39th Congress, 108. 

Hartranft, Brevet MajorGeneral, President Johnson's 
assignment of, to attend upon a military commis- 
sion, 7. 

Haughey, Thomas, Representative in 40th Congress, 
348, 3S4. 

Hawkins. Is.^^ac R., Representative in 39th Congress, 
108, 182; in 40th, 348, 384; in 41st. 408, 508. 

Hawley, John B., Representative in 41st Congress, 408, 



638 



INDEX. 



50S; motion on Nortlieni Pacific railroad bill. 66S; 
as to innoinc tax, 605. 

Hay. John 13., Keproseututive in 41st Congress, 403, 
60 ; 

H.\T.«, ( n.tKLES. Repre.<»cntatiTe in 41st Conprc.s.«. SOS. 

Uays. RrTiiF.iiFonD B., i epresontaiive in 39tli Congies.«, 
IDS; in40tli.lS2; resignation of. no?c, 34S. 

Heatox, D.wiD, Uepresoniativc in 40tli Congress, 848, 
3^4; in 41st, 407, flealh of. note. SOS. 

Hefux, Kobert S., Uepresentative in 41st Congress, 
oOS. 

Hexdekson. J.\me8 H. D , Representative in 39th Con- 
gress 10'; resolution on treason, 109. 

Hexdersox, Jniix H.. Senator in 89th Congress, 107; 
in 40th. 1^2, 347 3~3; motions as to puhlie credit 
bill. 396, C97 ; as to XVlli amendment, 401 ; motion 
respecting General Seholield's confirmation. 264; 
amendment to Arkansas hill, ;i;'9; motion propos- 
ing tlianUs to Chief Jnstice Cliase,350. 

Hendeicks, Thomas a.. Senator in;9ih t'onirress, 107; 
in 40th. 1-2, 847, 383; call for National Union Con- 
vention 119; amendment to Arkansas hill. 3^:9: vote 
for nomination tor President. ;')71; suhstitute for 
resolution condemningPresident Johnson's repu- 
diation proposition, C91; motion on XVth amend- 
ment, 406. 

Heskdicks. William, reports Wahash and Erie canal 
hill. 663. 

Hepbvrk is. Griswold. opinion of Supreme Court Uni- 
ted States in case of, 511-52;. 

Herberi, C, claimant to seat as Representative in 39th 
Congress, 1'2. 

Heeolp," David E., President Johnson's order for the 
execution of sentence upon, 7; order respecting 
reward for, ins. 

HiOBT, William. Representative in 30th Congress, 108; 
in 4ilth, Zi\ 384. 

Hill, John, Representative in 40th Congress, 182, 348, 
384; in 41st. 407, .508. 

Hill, Ralph. Repiesentative in 39th Congress, 108; 
resolution on test-oath. lio. 

Hinds, James, Representative in 40th Congress, 348. 

HiSE, Elijah, Representative in otith Congress, 182. 

HoAG, Trumajx II., Representative in 41st Congress, 
408 ; death of. note, 508. 

Hoar, E. Rockwood, Attorney General, 407; opinion on 
jurisdiction of military commissions, 475-478; re- 
signation of, note, iMl. 

Hoar. George P., Representative in 41st Congress, 407, 
508. 

Hcoan. John, Representative in 39th Congress, 108. 

Hoge. Daniel H.. claimant to seat as Representative 
in .3tith Congress, los. 

riOGE, Solomon L., Representative in 41st Congress, 
4u7, 508. 

HoLDEX, William W., appointed provisional governor 
of North Carolina, 11; President Johnson's tele- 
gram to, respefting rebel debt, 19; defeated for 
governor at election, Ui; call of, for meeting of 
legislature of North Carolina. 319. 

HoLMAN, William S., Representative in 40th Congress, 
183, 348, ;>4; in -list. 408, 508; motion to taljle im- 
peachment resolutions, lOO ; resolution as to land- 
grant policy, .072 ; fimding motions, 002, 603; as to 
taxation of bonds. GO.j. 

Holmes, Sidney T., Representative in 39th Congress, 
los. 

Homestead Act. bill extending. 116, 186. 

Hooper. Samuel, Representative in 39th Congress, 108; 
in 40th. 182. 3^7, 383; in 41st, 407, 608. 

Hopkins, Benjamin F., Representative in 40th Con- 
gress, 183. 348, 3S4; in 41st, 408 ; death of, note, 508. 

floTcHKiss, Giles W., Representative in 3'Jth Congress, 
108; in 41st, 407, 608. 

Hotchkiss, Julius, Representative in 40th Congress, 
347. 383. 

Houston, George R., claimant to scat in 39th Congress, 
107; in 40th, 183. 

Howard, Jacob M., .Senator in 39th Congress, 107 ; in 
40th, 182, 347,383; in 41st, 407, 507; resolution as to 
Geoigiii eloclora! vote, .394; motion as to and upon 
XVth amendment, 401 404, 405; on public credit 
bill, 413; motion on enforcing bill, 55G; on fund- 
ing bill, COO. 

Howard, General 0. 0., orders of, 12, 13 ; to department 
of Louisiana, 425. 

Howe, Timothy O., Senator in 39th Congress, 107; in 
40th, 182, 347, 383; in 41st, 407, 507; motion on cur- 
rency bill, 591 ; on naturalization, 619; motions on 
funding, COl. 

Howell. James B., Senator in 41st Congress, nofc, 507; 
proviso on Northern P.aeific railroad bill, 568. 

Hudbard, Asahel W., Representative In 39th Congress, 
108; in 40th, 183, 348, 384. 



IluDBAKD, Chester D., Reprc^ntative in 39tb Congre?.':, 

lOS; in 40th, 182, o4S, 384. 
IIUDBARD, Demas, Jr., Representative in 39th Congress, 

108. 

IIuBBARD, John II., Representative in S9th Congress, 

108. 
Hubbard. RiaiAUD D., Representative in 40th Congress, 

347, 383. 
HuBBELL, Edwin N., Representative in 39tli Congress, 

108. 

HuBBELL, James R., Representative in 39th Congress, 
108. 

HuLBURD, Calvin T., Representative in 39th Congress, 
108; in 40th, 182, 347. 383. 

IIUMPiiREY, James, Representative in 3gth Congress, 
death of, note, 108. 

IIUMFUREY, James M., Representative in 39th Congress, 
108; in 40th, 182,348,383. 

Hi'MPHREVs, Benjamin G., inaugurated governor of Mis- 
sissippi, message of, 20; proclamation of, 3J2; re- 
moval of. 823. 

Hunt, Raxdall, claimant to seat in 30th Congress, 107. 

Hunter, John W., Representative in 3yth Congress, 182. 

Hunter, Morton C, Representative in 40th Congress, 
183,348,384. 



Illinois, vote on XlVth amendment, 194; vote on 
XVth amendment, 490; new constitution of, 021 ; 
Senators and Representatives in 30th Congress, 
107; in 40th, 182, 347, 384; in 41st, 407, 5U7; a)>por- 
tionment of currency in, 590; vote on land grant 
to Illinois Central railroad in 1850, 603; apportion- 
ment of representation under census of 1800, 585; 
Presidential vote in 1860 and 1804, 372; in 1808,499. 

Impartial Suffp.age, votes in Wisconsin, Ohio, and 
New York, 2.08; vote of Connecticut, 120; (see Col- 
ored Suffrage.) 

Impeachment of President Johnson, proposed action of 
Congress, 187-190; subsequent votes and articles, 
answer, and judgment of the Senate, 264-282. 

Inaugural Address of President Grant, 410, 417. 

Income Tax, votes on repeal, 605-608; amount received 
from, 026. 

Indiana, vote on XlVth amendment, 194; vote on 
XVth amendment, 490, 491 ; Republican platform 
for 1870, 622; Democratic, 023; Senators and Rep- 
resentatives in 39th Congress, 107, 182; in 40th, 
347, 383; in 41st, 407, 507; apportionment of cur- 
rency in, 590 ; apportionment of representation 
under census of 1800, 585 ; Presidential vote in 1800 
and 1864, 372; in 1868, 499. 

Ingersoll. Ebon C, Representative in 39th Congress, 
108; in 40th, 183, 348,384; in 41.st, 408, 508 ; substi- 
tute for currency bill, 593, 594; introduces curren- 
cy bill, 500; funding motions, 602, 603, 004. 

Insurrectionary States, proclamations concerning, 7, 
9, 11, 13-17, 194; reconstruction steps in, 18-28 ; laws 
on freedmen, 29-44; President Johnson's messages 
concerning, 64-67, 106-172, 178-180; General Grant's 
report, 67. 68 ; votes in Congress upon, note, 72,183, 
184; reports, propositions,"and laws, 102-106,152, 
106-172, 178-180, 335-337, 393, 672-579, 609-615; dis- 
franchisement in, 374 ; claimants for seats in Con- 
gress, 107, 108, 181-183 ; Senators and Representa- 
tives claiming from, 347, 348. 

Intermarriage of Whites and Blacks in Georgia, de- 
cision respecting, 474, 475. 

Internal Revenue Statistics in 1869 and 1870, 626; es- 
timated annual reduction in revenue from since 
July, 1866, and by act of 1870, 626. 

Internal Tax and Tariff, votes on, 605-609 ; statistics 
of, 6-6. 

Iowa, Republican and Democratic platforms, 479, 480; 
vote on XlVth amendment, 353; vote on XVth 
amendment, 558; Senators and Representatives in 
:jOth Congress, 107; in 40th, 182, 347,383; in 41st, 
407, .''1O7 ; apportionment of currency in, 506; ap- 
portionment of representation under census of 
1800, 585; Presidential vote in 1800 and 1804, 372; in 
1808, 499. 



Jenckes, Thom.18 a.. Representative in 39th Congress, 

108 ; in 40th, 847, 383; in 41st, 407, 508. 
Jenkins, Charles J., Governor, threatened removal of, 

311 ; actual removal, 320. 
Johnson, Andrew, inauguration of, 44; cabinet of, 107, 

181, 347, 383. 
JoiiNsox, Andrew, Interviews and Speeches to citizens 

of Indiana, 44-47; Nashville speech of June 11, 1864, 

note, 46, 47; to Virginia refugees, 47, 48; with George 



INDEX. 



639 



L. Stearns, 48, 49 ; to colored soldiers, October 10, 
18tJ5, 49-51; with Senator Dixon, 51,52; witli col- 
ored delegation respeetina; sutFrasce and reply of, 
52-56; with committee of the Virginia legislature, 
56-5S; speech of February 22, IhliO, 58-68; speech 
to colored people of District of Columbia, 63; on 
receiving proceedings of Philadelphia convention, 
1 7-129; in New York, li!9-134; in Cleveland, 134- 
isu ; in St, Louis, 136-141 ; with Charles G. Halpine, 
141-143. 

Johnson, Andrew, Letters of, to.Secretary Stanton re- 
questing his resignation, 261 ; appointing General 
U.S.Grant Secretary of War ad inicriiii. 261; ap- 
pointing Lorenzo Thomas Secretary of War atJiu- 
terim, 200; corresjiondenee with General Grant on 
his retiring from the War Office, 282-293. 

Johnson, .\ndrew, Messagis of, first annual, 64-66; sec- 
ond annual, 143-U7; last annual, 384-391; special, 
on the condition of the insurrectionary States, 66, 
67; veto of lirst freedmen's bureau bill, 68-72; of 
second, 147-149: veto of civil rights bill, 71-78; 
veto of first Colorado bill, 81, 82; of second, 160- 
163; on proposed constitutional amendment, 83; 
on restoring Tennessee to her relations to the 
Union, 15 -154; veto of the District of Columbia 
suffrage bill, 154-159; veto of the Nebraska bill, 
164,165; veto of the military reconstruction bill, 
166-172; veto of the civil-teiiure bill, 173-176; ac- 
companying the approval of an army appropria- 
tion bill, 1 78 ; veto of the supplemental recon- 
struction bill, 178-180; message accompanying the 
approval of a reconstruction appropriation bill, 
181; message announcing to the Senate the re- 
moval of Mr. Stanton, 262: veto of electoral college 
bill, 378, 379 ; " pocketing'' bill for equal rights in 
District of Columbia, 395, and public credit bill, 
397, and funding bill, 3S2. 

Johnson, Andrew, Orders and Proclamations of, 7-18, 
194-208; on commercial intercourse and lilockade, 
7, 9, 13; for trial and punishment of Abraham Lin- 
coln's assassins,?; refusal of habeas corpus ior 'Mrs. 
Surratt, 260 ; for arrest of Jefferson Davis, Clement 
C. Clay, and others, 7; and withdrawal of, jiofe. 198; 
for release of Clement C. Clay, 7iote. s; recognizing 
Governor Pierpoint's administration in Virginia, 
8; respectitlg rebel cruisers receiving hospitality 
in foreign ports, 9; of amnesty, 9, U); appointing 
provisional governors in North Carolina, Missis- 
sippi, Georgia, Texas, Alabama, South Carolina, 
and Florida, 11, 12; respecting freedmen, 12, 13; 
for return of property to pardoned persons, 13; re- 
specting the State of Tennessee, 13, 14; passports 
for paroled prisoners, 14; paroling certain State 
prisoners, 14; withdrawing martial law irom Ken- 
tucky, 15; annulling the suspension of the habeas 
corpus, 15; announcing that the rebellion had 
ended in certain States named, 15. Ifi; that civil 
authority exists throughout the whole of the 
United States, 194-190; President Johnson's inter- 
pretation thereof, note, 17 ; in relation to appoint- 
ments to office, 17; in relation to trials by military 
courts and commissions, 17; forbiddinj; the inva- 
sion of Canada by the Fenians, 17, 18; respecting 
merchant vessels in certain ports of Japan, 190, 
197; respecting Maximilian's decree of July 9. 
1866, 196; respecting suspension of tonnage and 
impost duties of Hawaiian vessels. 197; declaring 
Nebraska a State in the Union, 198; withdrawing 
reward for John H. Surratt and others, 198; con- 
cerning release of convicts, 198, 199; assigning 
commanders to military districts, 199, 200, 306-308, 
344-346; order suspending Secretary Stanton, 201; 
order removing Secretary Stanton. 265 ; order ap- 
pointing General Lorenzo Thomas ad interim, 266; 
order to General Grant respecting orders issued 
by Secretary Stanton, 284; orders respecting Bal- 
timore troubles in 1806, 297; orders respecting 
Sheridan, Thomas, Hancock, 300-308; priiplama- 
tion enjoining obedience to the Constitution and 
the laws, 342; extending full pardon to certain 
persons engaged in the rebellion, 342, 343; of gen- 
eral amnesty, 344; order respecting transaction of 
public business, 344; correcting an error of date 
m previous proclamation, 344; order establishing 
a new military division, 340 ; proclamation respect- 
ing the ratification of XlVth amendment by Flor- 
ida and North Carolina, 379 ; by other insurrec- 
tionary States, 260; genera! amnesty proclamation, 
419. 

•Johnson, Andrew, proposed impeachment of, 187-190; 
subsequent votes, articles, answer, and judgment 
of the Senate, 264-282. 

Johnson, Andrew, Telegrams or, to Provisional Gover- 
nors Holden and Johnson on repudiating rebel 



debt of North Carolina and Georgia, 19, 20, 21 ; to 
Provisional Governor Sharkey on colored suffrage, 
19,20; to Provisional Governor Perry on ratifying 
anti-slavery amendment, ic, 22, 23, 24; to Provis- 
ional Governor Marvin on ratifying anti-slavery 
amendment, 25 ; to Governor Brownlow on enforc- 
ing election laws, 199; to Governor Murphy, of 
Arkansas, 28 ; to Provisional Governor Throckmor- 
ton, of Texas, 199; to Montgomery Blair, 199; to 
ex-Governor Parsons, of Alabama, on Alabama's 
withdrawal of ratification of XlVth amendment, 
note, 352. 

Johnson, Andrew, resolutions of political conventions 
on policy of, 123,i241, 245, 248, 249, 304, ,305, 36.S. 

JoHNSoN, Andrew, thanks of House to, 113 ; sundry res- 
olutions on. 111, 112, 187-190, .304, 308. 

Johnson, Andrew, validating certain proclamations and 
acts of, 185; proposed substitute of, for XlVth 
amendment, 258. 

Johnson, Herschel V., claimant to seat in ,39th Congress, 
107. 

Johnson, James, appointed provisional governor of 
Georgia, 12, 20; telegrams from and to, on recon- 
struction, 20, 21. 

Johnson, James A., Representative in 40th Congress, 
348, .384; in 41st, 408, 508; motion as to effect of 
XVth amendment, 414. 

Johnson, James M., claimant to seat as Representative 
in 39th Congress, 108. 

Johnson. Philip, Representative in 39th Congress, 108; 
death of, 182. 

Johnson, Reverdy, Senator in 39th Congress, 107; m 
40th, 182, .347 ; report of minority of committee on 
reconstruction, 93-101. 

Johnston, John W., Senator in 41st Congress, 507. 

Johnston, Joseph E., General, agreement with General 
Sherman, 121, 122; Sherman's letter on, 504, 505. 

Joint Reconstruction Committee, reports of, 84-101; va- 
rious propositions of, 101-106. 

Jones, Alexander H., claimant to seat as Representa- 
tive in 39th Congress, 108; Representative in 40th, 
348. 384; in 41st, 407, 508; introduces apportionment 
bill, 583. 

Jones, John, reply of, to President Johnson, 56. 

Jones, John T., claimant to seat as Senator in 40th Con- 
gress. 183. 

Jones. Morgan, Representative in 39th Congress, 108. 

Jones, Thomas L., Representative in 40th Congress, 348, 
384; in 41st, 408, 508. 

JiTDD, Norman B., Representative in 40th Congress, 183, 
348, 384 ; in 41st, 408, 508; motion on apportionment, 
585; on currency, 594; on funding, 0U3. 

Judicial Opinions on habeas corpus, 210-220; on test- 
oath, 220, 239; on military reconstruction bill, 239, 
240; on right of a State to tax passengers passing 
through it. 434-437 ; on State taxation of United 
States certificates of indebtedness, 437-439; on 
State taxation of United States notes, 439-440; 
clause making United States notes a legal tender 
for debts has no reference to State taxes, 440-443; 
express contracts to pay coined dollars can only 
be satisfied by the payment of coined dollars, 443- 
447; dissenting opinion, 447-448; on the status of 
the State of Texas, 448-454; dissenting opinion, 
454-456; the McCardle case, 456, 457; opinions in 
the Ccesar Griffin case, 4.57-406; can a negro hold 
office in Georgia, 400-474; intermarriage of white 
and colored persons in Georgia, 474,475; on the 
validity of contracts in confederate money, 509- 
511; on the constitutionality of legal-tender clause 
as relates to contracts m.ade prior to its adoption, 
511-523; on the right of the United States Govern- 
ment to tax State banks, 52.3-530; on the right of 
the State governments to tax national banks; 530- 
532. 

Jtjdiciart Committee, report on proposed impeachment, 
188, 189. 

Julian, George W., Representative in 39th Congress, 
108; in 40th, 183, 348,384; in 41st, 408, 508; home- 
stead bills of, 110, 180; on committee to prepare 
articles of impeachment, 206. 

Jurisdiction of Military Commissions, letter on, 475- 
478. 

K 

Kansas, votes on proposed constitutional amendments, 
354; vote on XlVth amendment, 194; vote on XVth 
amendment, 491: Senators and Represent.atives in 
39th Congress, 107, 181; in 40th, 182, ,347, 383 ; in 41st, 
407, 507; apportionment of currency in, 596; appor- 
tionment of representation under census of 1800, 
585; presidential vote in 1804, 372; in 1808, 499. 

Kassdn, John A., Representative in 39th Congress, 108. 



C40 



INDEX. 



Kelley, William D., Representative in 39th Congress, 
108: in 4iith, ^S2, 348, 384; in 41st, 407, 60S; sutfruge 
bill of, 114. 

Keliogo, Francis W., Representative in 40th Congress, 
348, 384. 

Eelloqg. Stephen W., Representative in 41st Congress, 
4117, 608. 

Kellogo, William P., Senator in 40th Congress, 383; in 
41st, 407, 607; motion on currency bill, 58f». 

Eelsey, William K., Representative in 40th Congress, 
182, 348, 383; in 41st, 407, 508; motion on tariff, 581; 
on apportionment bill, 584. 

Kelso, JouN R., Representative in 39th Congress, 108; 
resolution.s on itnpi-aehment, 187, 188. 

Kennidy, John D.. claimant to seat as Representative 
in 3'.ith Congress, 108. 

Kentucky, withdrawal of martial law, 15; resolution.s 
of 17'JS, 1J64-260; vote on XlVth amendment, 194; 
vote on XVth amendment. I'll, 492; Senators and 
Representatives in D'.ith t ongress, 107,182; in 4oth, 
182,347,383; in 41st, 407,607 ; a|>portioimiont of cur- 
rency in, ,690; apportionment of representation 
under census of 18C0, 585; presidential vote in 18G0 
and 18(i4. ,372; in 18G8, 499. 

Kebr, Michael C, Representative in 39th Congress, 
loS; in 40th, 183, ,348, 384; in 41st, 408, .508. 

Ketch.vm. John H., Representative in 39th Congress, 
108; in loth, 182, .347, 383; in 41st, 407, 508. 

KiRKwooD, Samuel J., Senator in 39th Congress, note, 
107. 

Kitchen, Bethuel M., Representative in 40th Congress, 

lS3, 348, 384. 

Knapp, Chakles, Representative in 41st Congress, 407, 
508. 

Knott, J. Pkoctoe, Representative in 40th Congress, 
348, 384; in 41st, 408, 508. 

KooNTz, William H., Representative in 39th Congress, 
note, 108; in 40th, 182, 348, .384. 

KuYKESDALL, ANDREW J., Representative in 39th Con- 
gress, 108. 

Ptle, George H., claimant to seat as Representative in 
3yth Congress, 108. 



Laflin, Adbison H., Representative in 39th Congress, 
108; in 40th, 182, 348, 383; in 41st Congress, 407, 608. 

Land Subsidies, facts on, 5G.3-572, 02.5. 

Lands, table showing grants of, 62.5. 

Lane, James H., Senator in 39th Congress, 107, 181. 

Lane, Henry S., Senator in 39th Congress, 107. 

Langdon, Charles C, claimant to seat as Representa- 
tive in 39th Congress, 108. 

Lash, Israel G., Representative in 40th Congress, 348, 
384; in41st, 407, ,508. 

Latham, George R., Representative in 39th Congress, 
108. 

Lawrence, George V., Representative in 39th Congress, 
108; in 40th, 182, ,348, 384. 

Lawrence, William, Representative in 39th Congress, 
108; in 40th, 182, 348,384; in 41st, 408, 508; motion 
on Northern Pacific railroad bill, 571; on Georgia 
bill, f.15. 

Lawyers, on test-oath required of, opinions of Supreme 
Court United States, 220-234; opinion of Supreme 
Court of District of Columbia, 234-238; vote of 
House on, 211. 

Le Blond, Francis C, Representative in ,39th Congress, 
108; motion on disbanding militia of certain States, 
178. 

Lee, U. E., terms of surrender, 120, 121; application 
of, for benefit of amnesty proclamation, and action 
thereon, 306; General Grant on, 301-30,5. 

Leftwich, Joun W., Representative in 39th Congress, 
108, 182. 

Legal-tender Clause, as it relates to prior contracts, 
opinion.s of Supreme Court United States on, 511- 
523. 

Legal Tenders, act authorizing the, 345. 

Legislatures, votes on XlV'th constitutional amend- 
ment, 194, 363; on XVth, 488-498, 567-602. 

Lewis, John F., Senator in 41st Congress, 507. 

Lewis, Joseph H., Representative in 41st Congress, 
note, .508. 

Lincoln, Abraham, orders for trial and punishment of 
assassins of, 7; letter to Governor Halm on col- 
ored sutH-a^c, note, 20; telegram to General Weit- 
zel, 20; withdrawal of reward for alleged assassins 
of. 108; refusal of liabeas corpus to assassins of, 200; 
vote for, in 1804, 372; resolutions on, 117, 118, 304. 

Lincoln, William S., Representative in 40th Congress, 

182, 348, 383, 

Lists of Congressmen and Claimants, 39th Congress, lo7, 
181 ; 40th Congress, 347, 383; 4l8t Congress, 407, 607. 



Loan. Benjamin F., Representative in 3oth Congress, 

108; in 40th, 183, 348, 384; resolution on impuaoh- 
mcnt, 187, 188. 

Logan, John A., Representative in 40th Congreps, 18,3, 
348,384; in 41st, 408, .508: on committee to prepare 
articles of impeachment, 200 ; manager of impeach- 
ment, 271; motion on XVth amendment, 4ij5; on 
Cuban resolution, 02O. 

Longyear, John W.. Representative in 39th Congress, 
108; resolutions of, 111-113. 

Lougiiridge, William, Representative in 40th Congress, 
183, 348,384; in41st, 407, 608; resolution on increas- 
ing the currency, 680. 

Louisiana, J. M. Weils elected governor, 28; pardon of 
Jlayor Blonroe, 28, 29; legislation on freedmcn, 43, 
44; new constitution of, 329, 330; restoration to 
representation, .337; vote of legislature of 1807 on 
XlVth amendment, 194; ratifies XlVth amend- 
ment. 200, 429; military rule ceases, 422,429; vote 
on XVth amendment, 492; claimants in 39th Con- 
gress, 107; in 40th, 183, 318; Senators and Repre- 
sentatives in 40th Congress, 383; in 41st, 407, 507; 
apportionment of currency in, 690; vote on count- 
ing elector.-il vote of 1808,394; apportionment of 
representation under census of 1800, 685; presiden- 
tial vote in 1800, .372; in 1808, 499; registration in, 
votes on con,«titutional convention and ratifying 
constitution, 374. 

Lynch, John, Representative in 39th Congress, 108; in 
40th, 182, ,347, 383; in 41st, 407, 507; substitute for 
currency bill, 594. 

M 

Magrath, a. G., call of, for meeting of rebel legislature 
of South Carolina, 22; General Gillmore's order 
annulling, 22, 

Magruder, Alexander, letter of Attorney General 
Evarts to, 422. 

Magruder, Allen B., opinion of supreme court of Dis- 
trict of Columbia in case of, 234-238. 

Maine, vote on XlVth amendment, 194; on XVth 
amendment, 492; Senators and Representatives in 
39th Congress, 107; in 40th, 182, 347, 383; in 41st, 407, 
507; apportionment of currency in, 590; apportion- 
ment of representation under census of 1800, 585; 
presidential vote in 1800 and 1804, 372; in 1808, 499; 
State election in 1800 and 1867, .372. 

Mallory, Rufus, Representative in 40th Congress, 183, 
348, 384. 

Manhood Suffrage, see Impartial Suffrage and Col- 
ored Suffrage. 

Manlet, Mathias a., claimant to seat as Senator in 40th 
Congress, 183. 

Mann, James, Representative in 40th Congress, 348. 

Manning, John L., claimant to seat as Senator in 39th 
Congress, 107; resignation of, 182. 

Marquette, Thomas M., Representative in 39th Con- 
gress, 182. 

Marriage, Inter-, in Georgia, decision respecting, 474. 

Marshall, Samuel S., Representative in 39th Congress, 
108; in 40th, 183, ,348, 384; in 41st, 408,508; resolu- 
tions on tariff, 581, 582; on apportionment, 585; on 
funding bill, 002. 

Marston, Oilman, Representative in 39th Congress, 108. 

Martial Law, General Grant on declaring, in Texas, 
298; General Sheridan's report upon, note, 298. 

Marvin, James I\I., Representative in 39th Congress, 
108; in 40th, 182,348,383. 

Marvin, William, appointed provisional governor of 
Florida, 12; telegrams to and from, respecting re- 
construction, 24, 25; claimant of seat as Senator in 
39th Congress, 107. 

Maryland, unconditional union platform, 124; legisla- 
ture on XlVth amendment, 194; Republican plat- 
form and calls of 1807, 245; memorial to Congress 
of Republican members of the legislature, np/e, 
240; sundry facts respecting, 259; new constitu- 
tion of, 320; vote on XlVth amendment, 194; on 
XVth amendment, .558; Sen.ttors and Representa- 
tives in 39th Congress, 107; in 40th, 182,347, 383; in 
41st, 407, ,507; apportionment of currency in, 596; 
apportionment of representation un<lcr census of 
1800, ,586; presidential vote in isco and 1S04, ;!72 ; in 
1808, 499; State elections in 18i'.0 ami 1807,372. 

Massachusetts, vote on XlV^th amendment, 194; vote 
on XVth amendment, 492; Senators and Repre- 
sentatives in .39th Congress, 107; in 40th, 182, 347, 
383; in 41st, 407, .507; apiiortionmcnt of currency 
in, .590; proposed constitution.il amendment to se- 
cure female suffrage, ,501!; apportionment of repre- 
sentation under census of 1800,686; presidential 
vote in 1860 and 1804,372; in 1808,499; State elec- 
tions in 1866 and 18G7, 372. 



INDEX. 



641 



Matthews, J. D., claimant to seat as Representative in 
39tli Congress, 108. 

Mayham, Stephen L., Representative in 41st Congress, 
407,508; funding motion, COL'. 

Maynabo, Horace, Kepresentative in 39tli Congress, 
108,182; in4otli, 348,384; in 41st, 408,608; funding 
motion, Cii4. 

McCardle Case, tlie, t.'iG, 457. 

McCarthy, Dennis. Repri'sontative in 40th Congress, 
182, 348, 383; in 41st, 4u7, 508; motion to abolish 
income tax, 000. 

McClellan. George B., vote of, for President, in 1864, 
372; vote of, for nomination for President in 1868, 
371. 

McCluro, Joseph W., Representative in 39th Congress, 
108; in 4(ith, 183,318, noi«, 384. 

MoCorjuck, James R., Kepresentative in 40th Congress, 
rwte, 348, 384; in 41st, 408, 508. 

McCay, Judge, decision and opinion in Whitens. Geor- 
gia, 4U(;-^70. 

McCrary, George W., Representative in 41st Congress, 
408, 508. 

McCreery, Thomas C, Senator in 40th Congress, note, 
347, 383; in 41st, 407, 507. 

McCuLLOuH, Hugh, Secretary of the Treasury, 107, 181, 
347, 383; letter of. on General Grant, 28:i. 

McCullough, Hir.\m. Representative in 39th Congress, 
108; in40tll, 182,348, 381. 

McDonald, Ali^andee. Senator in 40th Congress, 347, 
383; in 41st, 407. 507. 

McDouGALL, James A., Senator in 39th Congress, 107. 

McDowell, Irvis, General, order assigning to and re- 
lieving from command of fourth military district, 
346; action of,32:i. 

McGowAN, Samuel, claimant to seat as Representative 
in 39th Congress, los. 

McGbew, James C, Representative in 41st Congress, 
408, 508. 

McIndoe, Walter D., Representative in .39th Congress, 
108. 

McKee, George C, Representative ii^ 41st Congress, 508. 

McKee, S.iMUEL, Representative in 39th Congress, 108; 
in 40th, 348, 384. 

McKeiVzie, Lewis, Representative in 41st Congress, 508. 

McLeod, F., claimant to seat as Representative in 39th 
Congress, 108. 

McNeely, Thompso.v W., Representative in 41st Con- 
gress, 408, 5D8; resolution <(s to purchase of bonds, 
580; as to issue of greenbacks, 59G. 

McPherson, Edward, clerk House of Representatives 
39th Congress, 108; in 40th, 182, 347, 383; in 41st, 
407, 507; telegrams concerning, 24. 

McRuEE, Donald 'C, Representative in 39th Congress, 
108. 

Meade, George G., General, telegrains to and from Gen- 
eral Grant, 313. 314; removal of Governor Jenkins 
of Georgia, 320; telegram on test-oath, 320; order 
assigning, to third district, 346; to department of 
South, 422; to division of the Atlantic, 424; order 
as to Georgia .sheritts' resignations, intimidation 
of voters, carrying of arms, &c., test-oath, ratifica- 
tion Georgia and Florida constitutions, appointing 
Governors of Georgia and Alabama, stay law, rat- 
ifieation XlVth amendment, and withdravval of 
military rule from Georgia, Alabama, and Florida, 
428. 

Merchandise in French suips, duties on, 421. 

Mercur, Ulysses, Representative in 39tli Congress,108; 
in 40th, 182, 348, 384; in 41st, 407, 508. 

Message, President Johnson's annual, 64-66, 14,3-147, 
384-301; President Grant's on reconstruction, 417; 
first annual, 53:5-540; on commerce, 540; San Do- 
mingo treaty, .541; Cuban aftairs, 542-544; ratifica- 
tion of XVth amendment, 545; European war and 
American shipping, 616. 

Mexico, relations of United States and France to, 146, 
147; General Grant and the proposed mission to, 
296. 

Michigan, votes in, on constitutional amendments, .353; 
vote on XlVlh amendment, 194; on XVth amend- 
ment, 493, 494; election of 1869,506; Senators and 
Representatives in 30th Congress, 107; in 40th, 182, 
347,383; in 41st, 407,507; apportionment of currency 
in,i596; apportionmentof representation undercen- 
sus of i860, 585; presidential vote in 1860 and 1864, 
372; in 1868, 499. 

Military, aid to United States marshals and sheriffs, 
42;{, 424; readjustment of districts, 422; orders on 
reconstruction, ;36, 41, 122,199,306,422; jurisdiction 
of commissions, 475-478. 

Military Courts, effect of peace proclamation upon, 
note, 17; order in relation to, 17. 

Military Division of the Atlantic, order establishing, 
340. 



Military RECONSTitucTioN Act. 191, 192; supplements, 
192, 193, 335-337, 408, 572, 609; orders thereunder, 
109-208, 316-325, 345. 316. 

Militia Forci s of Insurrectionary States, action and 
orders respecting, 178, 201. 

Miller, George F., Representative in 39th Congress, 
108; in 40tli, 182, 348, 384. 

Miller, Samuel F., Justice, opinion in test-oath cases, 
228-234; opinion of the United States Supreme 
Court on right of States to tax through passen- 
gers, 434, 437; dissenting opinion in Bronson v». 
Rodes, 447, 448; dissenting opinion as to status of 
Texas. 456; dissenting opinion in Hepburn vs. Gris- 
wold, 519-523; opinion of United States Supreme 
Court on the right of States to tax national banks, 
530-532. 

MiLLiGAN Case, opinion of Supreme Court United States, 
210-220. 

MiLNES, William, jr., Representative in 41st Congress, 
508. 

Minnesota, vote on proposed State amendment on suf- 
frage, .354; on XlVth amendment, 194; on XVth 
amendment, boS; Senators and Representatives in 
39th Congress, 107; in 40th, 182, 317, 383; in 41st, 4(17, 
507; apportionment of currency in, .596; apportion- 
ment of representation under census of 1860, 585; 
presidential vote in 1860 and 1864, 372; in 1868, 499. 

Minority Representation, vote on, 393; provision in con- 
stitution of Illinois to secure, 622. 

Mississippi, rebel legislature forbidden to assemble, 19; 
reconstruction steps in, 19, 20; President Johnson's 
telegram respecting colored suffrage in, 19, 20; laws 
on treedmen, 29-32; claimants in .39th Congress, 
107, 108; made part of fourth military district, 200 ; 
orders and action of the military therein, 321-323; 
injunction case in 1867,239; new constitution of, 
334; vote on calling constitutional convention, 374; 
constitution lost, 428; test-oath promulgated, poll 
tax annulled, colored persons competent jurors, 
429; Republican and Conservative platforms of 1869, 
480-482; bill to authorize the re-submission of the 
constitution of, 408; Grant's election proclamation 
under, 505; result at said election on constitution 
on the separately submitted portions and on Gov- 
ernor, 260; registration in, at first election, 374; at 
second, 260; vote of legislature of 1867 on XlVth 
amendment, 194; vote on XVth amendment, 558, 
559; text of and votes on act to admit, 576, 577; re- 
stored to civil authority, 579; Senators and Repre- 
sentatives from, in 41s"t Congress, .507, 508; appor- 
tionment of currency in, 596; apportionment of 
representation under census of 1860, 585; presi- 
dential vote in 1860, 372; in 1868, 499. 

Missouri, vote on XIV th amendment, 194; on XVth 
amendment, 494, 559; Senators and Representa- 
tives in 39th Congress, 107; in 40th, 182, ,347, 383; in 
41st, 407, 507; apportionment of currency in, 596; 
apportionment of representation under census of 
1860, 585; constitutional test-oath case, opinion of 
Supreme Court on, 220-226; presidential vote in 
1860 and 1864. 372; in 1868, 499. 

Moffett, John, Representative in 41st Congress, un- 
seated, note, 407. 

Moore, Eliakim II., Representative in 41st Congress, 
408, 508. 

Moore, Jesse H., Representative in 41st Congress, 408, 
508. 

Moore, William, Representative in 40th Congress, 182, 
348,384; in 41st, 407, 508. 

MooRHicAD, James K., Representative in 39th Congress, 
108; in 40th, 182, ;MS, 384. 

Morgan, Edwin D., Senator in 39th Congress, 107; in 
40th, 182,347,383. 

Morgan, George W., Representative in 40th Congress, 
183; unscatal, note, :iiS; Representative in 41st, 408, 
508; substitute for currency bill, providing for re- 
peal of laws authorizing national bank notes and 
substituting greenbacks, .593. 

MoRPHis, Joseph L., Representative in 41st Congress. •'OS. 

Morrell. Daniel J., Representative in 40th Congress, 
182, His, 384; in 41st, 407, .508. 

Morrill, Justin S , Representative in 39th Congress, 
108; Senator in 40th, 182, 317. 383; in 41st. 407, 507. 

Morrill, Lot M., Senator in .39th c ongress. 107; in 4'ith, 
182,347,383; in 41st, .507; amendments to suffrage 
bill, 115; motion on currency bill, 591; on funding 
bill, (iOO. 

Morrill, Samuel P., Representative in 41st Congress, 
4t)7, 507. 

Morris, Daniel, Representative in 39th Congress, 108. 

Morris, Isaac N., General Grant's letter to, on being 
candidate for office, 295. 

Morrissey. John, Representative iu 40th Congress, 182, 
347, 383; in 41st, 407, 508. 



C42 



INDEX. 



MoETON, Oliver P., Senator in 40th Congres?, 1S2. 347, 
3S:}; in 41st, 407. ')ii7; Proidcnt Johnson's reply to 
address of, 44-47; motion as to teniuft-of-ottice hill, 
39.S; on XVth amendment. 4*)2, 413, 404; as to Vir- 
ginia. Mis.-is.-iippi, and Texas bill, 410; on public 
credit bill, 41.'!; on enforcing bill, &.V>; amendment 
to Virginia bill, TiTii; motions on currency, rjSS-.'iDU ; 
oil luiiding bill, GOO, GOl; on Georgia hill, (ill, rAi. 

MoiLTox, tr.v.MVKL W., Representative in 3i)th Congress, 

lOS. 

MowKR, General Joseph A., assigned to department of 

Louisiana. 323, 4J5. 
MuDD, y.vMVEL A.. President Johnson'.s order for the 

execution of sentence upon. 7. 
MuLLixs, J *MES, Representative in 4iith Congres.s, 348, 

3S4; objects to electoral vote of Louisiana, 3!)4. 
MvKGE.v, Wn.Li.\.M, Kejiresentative in 40th Congress, 

Is.i. 31.S, 3.st; ill 41st, 40S, .'idS; funding motion. 003. 
Muupiiv, ISA.vr, Governor of Arkansas, President John- 
son's telegram to. -js. 
Myers. Jasper. Captain, appointed attornej' general of 

Mississippi. 3J3. 
Myers. I>eo.n.ip.d. Representative in 3nth Congress, 108; 

in 4<Jth, 1S2, 348, 3S4; in 41st, 407, 508. 



National Banks, sundry propositions to restrict, as to 
circulation, rate of interest cliarged by, and inter- 
est on United States bonds held ijy, .589, .500, 5!)4 ; 
Mr. Morgan's proposition for repeal of all acts au- 
thorizing the issue of national bank notes, r><.)3. 

National JSa.nk Notes, propositions relating to. 58ri-o96. 

National Hanking .System, resolutions of political con- 
ventions on, 480, 483. 

National Dect, act to authorize the refunding of the, 
097; statements, 500-002. 027-030; resolutions on, 
123, 249, 2.')2, :)0K 480, 482. 

Naturalization Laws, act to amend find punisli crimes 
against, 010. 

National Platforms of 18.52, 1850,1800, and 1864, .3.50-304; 
of 1808, 3(i4-'!08; resolutions of 1798. 254. 

Nebraska, election in, on State government, Ac, 1'20; 
veto of and votes upon bill to admit, 104-ioO; proc- 
lamation of President Johnson of .admission of, 
198; ratified XlVth amendment, 35.'!; vote on XVtli 
amendment, .559; Senators and Representatives in 
40th Congress, lS'2,.'i47, 383; in 41st, 407.507; appor- 
tionment of currency in. 590; apportionment of 
representation under census of 1800, .585; State 
vote in 1800, 372; presidential vote in 1808, 499. 

Neolev, James S., Representative in 41st Congress, 407, 
5U8. 

NeORO OlTICE-HOLDING IN GEORGIA, 4GG-474. 

Nelson, Samuel. Justice, dissenting opinion in Veazie 
Bank is. Jeremiah Fenno, .52.S-.530. 

Nelson. Thomas A. K., of counsel of .\ndrew Johnson, 271. 

Nesmitr, James W., Senator in 39th Congress, 107; call 
for National Uni m Convention, 119. 

Nevada, vote on XlVth amendment, 194; on XVth 
amendment, 494; Senators and Representatives in 
39th Congress, 107; in 40th, 182, 347, 3.S3; in 41st, 
407,507; apportionment of currency in, 590; appor- 
tionment of representation under census of 180O, 
,585; presidential vote in 1804, 372; in 1808.499. 

Newcomb, Carman A., Representative in 40th Congress, 
183, .'i48, :t,s4. 

Newell, Williaji .\., Representative in 39th Congress, 

108. 

New Hampshire, election in 18GG, 120, 372; in 1.8r.7, 2,50, 
372; ill 1SG8,372; in 1809,.500; vote on XlVth amend- 
ment. 194; voteson XV'th amendment. 494, 495, ,5.59; 
Senators and Representatives in 39th Congress, li)7, 
181; in 40th, 182, .347, 383; in 41st, 407, .507; appor- 
tionment of currency in, 590; apportionment of 
representation under census of isoo, 585: presi- 
dential vote in 1800 and 1804, 372; in l8i',8. 499. 

New Jersey, vote of legislature on ratifying XlVth 
amendment. 194; on withdrawing theVatiticalion. 
35:5; on XVth amendment, 495; on impartial suf- 
frage. 258; Senators ancl Kepresentalives in 39tti 
Congress, 107, isl; in 4iith, 182, .347, 383; in 41st, 4(i7, 
507; apportionment of currency in, 590; apportion- 
ment of representation under census of 1800, .585; 
presidential vote in 1800 and 1SG4, 372; in 1808,499; 
State elections in 1800 and 1807, 372. 

New Orle.ans Riots, I'resident Johnson's allusions to, 
1.17. 

Newsiiam, Joseph P., Representative in 40th Congres.s, 
348. 384; in 41st. .508. 

New York, proposi'd now constitution of, 320; Repub- 
lican resolutions on impartial suffrage, 258; vote 
on XlVth amendment, 194; on XVth amendment, 
495, 490; on withdrawing said ratilication,&02; Sen- 



ators and Reprpsentative.t; in .39th Congress. 107, 
182; in kith, 182,347. 3s!;in 41st. 40T, .507: apportion- 
ment of currency in. 590: apportionment of repre- 
sentation in, under census of 1800,585; presidential 
vote in 18(io and 1864, 372; in 1808. 499. 

Niblack, William E., Representative in 39th Congress, 
108; in 40th, 183, ,'!48, ;i84; in 41st, 408, .508; motion 
as to public credit bill, :i96. 

Nicholson, John A , Representative in 39th Congress, 
108; in 40th, 18'2, :348, .^84. 

Noell, Thomas E., Representative in 39th Congress, 108; 
in 40th, 183; bill to authorize female sutirage, 184; 
death of, note, 348. 

NoRRis, Be.njamin W., Representative in 40th Congress, 
348, 384. 

North Carolina, provisional governor appointed, 11; 
reconstruction ?teps, 18, 19; claimants for seats in 
Congress, 107, 108, 183; convention of colored peo- 
ple, 18; laws on freedmen, 29; vote of legislature 
of 1806 on XlVth amendment, 194; platform of 
Republican State convention, 251, '252; made part of 
second military district, 200; orders and action of 
the military therein, 201-'204, 317-319; new consti- 
tution of. 332; restoration to representation, 337; 
Representatives elect from, .348; vote of legislature 
of 1808 on XlVth amendment. 3.53, 379; order as 
to railroad directors. 427; ratification of XlVth 
amendment, 427; military rule ceases, 422, 427; 
vote on XVth amendment, 490; claimants in .39th 
Congress, 107, in 40th, 1st and 2d session, 183, 348; 
Senators and Representatives in 40th, 3d session, 
383; in 41st, 407, .507; apportionment of currency 
in, .590; apportionment of representation under 
census of 18(0, 585; presidential vote in 18C0, 372; 
in 1808, 499; registration and disfianchiH ment in, 
and votes on constitutional convention and rati- 
fying constitution, 374. 

Northern Pacific Railroad bills, .56.5-.5G7. 

Norton, Daniel .S.. Senator in 39th Congress, 107; in 
40th, 182, 347, 3.S3; in 41st, 407; death of, note, 507; 
call for National Union Convention, 119. 

Notf^, United States, not a legal-tender for State taxea, 
Supreme tVnirt opinion on, 4.19; increase of na- 
tional bank. 58ii-590. 

NuNN, David A , Representative in 4( th Congress, 348, 
384. 

Nye, James W., Sen.itor in 39th Congress, 107; in 40th, 
182, 347, 383; in 41st, 407, 507. 

O 

Office-holding Vjy Georgia negroes, 460, 474. 

Official Orders and Proclamations, President John- 
son's, 7-lH, 194-'208, 342-34(i, 379, 419; President 
Grant's, 4'20, 421, 505, 544. 

Ohio, Legislature on XlVth amendment, 194; votes on 
withdrawal of, 3.53; resolutions of Democratic 
convention of 1807, '247, '248; votes on proposed 
amendment to State constitution giving suffrage 
to soldiers. 2.)8; Republican and Democratic plat- 
forms, 48'2, 483, 0'24; vote against XVth amend- 
ment, 496, 497; vote to ratify the XVth amend- 
ment, 502; Senator;; and Representatives in 39ti» 
Congress, 107; in 4(ith, 182. :i47, 383; in 41st, 4o7, 
507; apporti'inment of currency in, .590; apportion- 
ment of repri'seiitiition under census of 18(J0, 5s5; 
presidential vote in 18i0 and 1804, ;J72; in 1803,499. 

O'Laughlin, .Michael, President Johnson's order for 
the execution of sentence upon, 7. 

O'Neill, ( harles, Kepiesentative in 39th Congress, 
108; in 4uth, 182, 348, 384; in 41st, 4()7, .508. 

Orb, Edward (). I'., Major General, assignment of, to 
and from the comin:indof lourtli milit.nry district, 
200,345; orders of. 206, 321-.'>'i3; ordered to depart- 
ment of California, :!4(;. 

Ordes No. 11, facts concerning, 1'22. 308. 

Orders, JMilitary.ox ISeconstrvction. 30-:i.S; 41,42; 122, 
12:!, 124; l99-'208; 3O0-:!(J8: 422-4:il). 

Oregon. elc<-tir)u of I8()6. 120: of 1868, 372: vote on 
XlVth amendment. 191; on .XVth amendment, 497; 
apportionment of currency in. 5!i0; apportionment 
of representation iindiT c<'i)siis of 18(J0. 585; presi- 
dential vote in I860 and 18(14. ,'172; in 1808, 499. 

Orth, Gopi.ove S . Representative in :!9tli Congres.s, 
los; in loth, 1.S3. :il,' '!S4: in 41st, 408, .OOci. 

OsBORN, Thomas \V., Sen ..or in 40th Congress, ;J47, :iS;i; 
in 41st, 407, 507. 



Pacific Railroad Bond.s, amount issued to Pacifi<t rail- 
road companies, ,5(i;!, Oiio. 
Packard, Jasper, Representative in 41st Congress, 408» 

508. 



INDEX. 



64a 



Packch, John B,, Representative in 41st Congress, 40'J, 

I'AixE, Halbert E., Representative in 39th Congress, 
lOJ; iii4Utli, 183, ■.'AS, 384; in 41st, 408, 508; resolu- 
tion as to Georgia congressmen, 393; report on im- 
peachment, 2tj0. 

pAL.inu, FiiANii W., Representative in 41st Congress, 

•lUH, o08. 

Pardo.n'id Kedels. order for return of propertj' to, 13; 
I'residf nc Johnson's allusions to, 139. 

1'akole or Rebel Soldiers, terms of, l;i0-122. 

pAKSONS, Lewis E., appointed provisional governor of 
Alabama, 12, 21; proclamation for election for con- 
vention, 21; claimant to seat as Senator in 39th 
Congress, 107; telegram to President Johnson re- 
specting XlVth amendment and reply, vote, 352. 

Passenglb. Tax, can States levy a through, 431—137. 

PATxnKSON, David T., Senator in 39th Congress, 107, 181; 
in 40th, 182,347,383. 

PATTi:RSON, James W., Representative in 39th Congress, 
108; Senator in4oth, 182, 347, 383; in 41st, 407, 507. 

Patton, R. M., governor of Alabama, vetoes of certain 
bills respecting freedmen, 21, 22; removed, 428. 

Payne, Lewis, PreJident Johnson's order lor the exe- 
cution of sentence upon, 7; order respecting re- 
ward for, 198; application for habeas corpus, 200. 

Pease, E. M., appointed governor of Texas, 323. 

Peck, Erasmus D., Representative in 41st Congress, 
note. 508. 

Pennsylvania, resolutions of Union and Democratic 
State conventions of 18(){), 123; vote on XlVth 
amendment, 194; Republican and Democratic plat^ 
forms, 483, 484; vote on XVth amendment, 497; 
Senators and Representatives in 39th Congress, 107; 
in 40th, 182, 347, 383; in 41st, 407, 507; apportionment 
of currency in, 590; apportionment of representa- 
tion under census of 1860, 585; presidential vote 
in 1800 and 1804, .372 ; in 1808, 499. 

Pekoe, Leokand W., Representative in 41st Congress, 
508. 

Perham, Sidney, Representative in 39th Congress, 108; 
in 40th, 182, 347, 383. 

Perry, Benjamin F., provisional governor of South 
Carolina, 12; telegrams to and from, 22, 23, 24; 
claimant of seat as Senator m 39th Congress, 107. 

Peters, John A., Representative in 40th Congress, 182; 

347, 383 ; in 41st, 407, 507. 

Pettis, S. Newton, Representative in 40th Congress, 

note, 384. 
Peyton, E. G., claimant to seat as Representative in 

39th Congress, 108. 
Phelps, Charles E., Representative in 39th Congress, 

108; in 4(jth, 182, 348, 384; minority representation 

motion, 392. 
Pheli s, Darwin, Representative in 41st Congress, 407, 

508. 
Phillips, Wendell, President Johnson's allusions to, 

01, 135, 140. 
Pickett, George E., General, application for clemency, 

301, 305 ; General Grant upon, 305. 
PiEECE, Charles W., Representative in 40th Congress, 

348, 384. 

PiERPoiNT, Francis H., recognized as governor of Vir- 
ginia, 8; superseded, 317. 

Pike, Frederick A., Representative in 39th Congress, 
108; in 40th, 182, 347, .383. 

Pile, William A., Representative in 40th Congress, 183, 
348, 384. 

PiNSON, Richard A., claimant to seat as Representative 
in 39th Congress, 108. 

Plants, Tobias A., Representative in 39th Congress, 108; 
in 40th, 183,348, 384. 

Platforms of 1804, Union and Democratic, 117, 118; 
State platforms of 1860,123, 124, 240-243; of 1867, 
243-256; of 1868, 364-368; of 1869, 478-488; national 
platforms of 18.52, 1856, 1860, and 1804,350-364; of 
1868, 364-.3fl8 ; of 1870, 622-624 ; resolutions of 1798, 254. 

Platt, James H., Jr., Representative in 41st Congress, 

508. 

Poland, Luke P., Senator in 39th Congress, 107; Repre- 
sentative in 40th Congress, 182, 347,383; in 41st, 

407, 507. 

Polsley, Daniel, Representative in 40th Congress, 183, 

348, 384. 
Pomeroy, Charles, Representative in 41st Congress, 

408, 508. 

Pomeroy, Samuel C, Senator in 39th Congress, 107; in 
40th, 182, 317, 383; in 41st, 407, 507; motions on 
Georgia bill, 612-614. 

Pomeroy, Theodore M., Representative in .39th Con- 
gress, 108; in 40th, 182, 348, 383; [Speaker of House 
of Representatives last day of 4oth Congress, vice 
Scuyler Colfax resigned to accept the Vice Presi- 
dency.] 



Pool, John, claimant to seat as Senator in .39tb Con- 
gress, 107; in 40th, 183; Senator in 40th, 383; in 
41st, 407, 507; motions on enforcing bill, 555, .5!j6. 

Pope, B. T., claimant to seat as Representative in 39th 
Congress. 108. 

Pope, John, Major General, assigned to department of 
Cumberland, 200; orders of, 204-206; telegrams to 
and from General Grant, 310-313; orders and action 
of, in third military district, 200, 319, 320; order re- 
lieving, 346. 

Porter, Charles H., Representative in 41st Congress, 
508. 

Potter, Clarkson N., Representative in 41st Congress, 

407, .508; motion as to income tax, 005. 

Pratt, r)ANiEL D., Senator in 41st Congress, 407, 507. 
Presidential Vote of ison and 1804, 372; of 1808, 499. 
Price. Hikam, Representative in 39th Congress, 108; in 
' 40th. 183, 318, 384. 
Prince, Charles H., Representative in 40th Congress, 

.348, 384. 
Prior Contracts in Coin, decision concerning, 511-523; 
Proclamations and Orders, Official and Presidential, 

Johnson's, 7-18, 194, 208, 342-340, 379,419; Grant's, 

420, 421, 505, 544. 
Pkopser, William F., Representative in 41st Congress, 

408, 508. 

Pruyn, John V. L., Representative in 40th Congress, 
182, 347, 383. 

Public Credit, bill, 395-397. ("pocketed" by President 
Johnson;) act, 412, 413, (approved by President 
Grant.) 

Public Debt, resolution respecting inviolability of, 
109; proposed constitutional amendment respect- 
ing, 102, 103, 191; amount of, 120, 259, 374,500-503, 
627-4i.30; President Johnson's allusions to, 141, 140. 

Public Lands, proposed legislation on, 116, 186; statis- 
tics as to, 025. 

R 

Radford, William, Representative in 39th Congress, 108. 

Ramsey, Alexander, Senator in 39th Congress, 107; in 
40th. 182, 347,383; in 41st, 407, 507; introduces North- 
ern Pacific railroad bill, 507. 

Randall, Alexander W., Postmaster General, 181, .383, 
387; call for a National Union Convention, 119; let- 
ter of, on General Grant, 289. 

Randall, Samuel J., Representative in .39th Congress, 
108; in 40th. 182, 348, 384; in 41st, 407, 508 ; resolution 
on public debt, 109; motion on Northern Pacific 
railroad bill, 570; substitute for currency bill, 592. 

Randall, William H., Representative in 39th Congress, 
108. 

Raitm, Green B., Representative in 40th Congress, 183, 
348, 384. 

Rawlins, John A., Secretary of War, 406; Attorney Gen- 
eral Hoar's letter to, on jurisdiction of military 
commissions, 475-478; death of, note, 507. 

Raymond, Henry J., Representative in 39th Congress, 
108. 

Reading, John R., Representative in 41st Congress and 
unseated, note, 407. 

Reagan, John H., President Johnson's release of, 14. 

Rebel Cruisers, proclamation concerning, 9. 

Rebel Debt, propositions to repudiate, 19, 21, 23, 24, 28, 
102, 106, 109, 191. 

Rebellion* Suppressed, proclamation announcing the, 
15, 16, 194-196. 

Rebels Pardoned, order for return of property to, 13. 

Reconstruction, majority and minority of committee 
on, 84-101 ; votes upon propositions of, note, 72, 102- 
106; reconstruction act, ("military,") veto of, and 
votes upon, 166-173; supplementary reconstruction 
act, veto of, and votes upon, 178-181 ; General Grant's 
views upon. 294, 298-306; supplemental measures, 
July, 1807, March and Jul}', 1808, and orders con- 
nected therewith, 335-.341; President Johnson's or- 
ders referring to, 199, 200,34.5,340,379; Johnson's 
last message on, 384-391; additional legislation, 
408-415; Grant's message on, 417; military orders, 
422-432; of Virginia, Mississippi, and Texas, 572- 
579; of Georgia, act to promote the reconstruction 
of, and votes thereon, 609-615. 

Reconstruction BIeasures of Thirty-ninth, Fortieth, 
AND Forty-first Congresses, 191-194, 335-337, 408, 572- 
009; votes of legislatures thereon, 194, 3.53, 380. 

Reconstruction Policy or Congress, resolutions upon, 
123, 124, 210, 242, 243, 244, 247, 250, 251, 252, 253, 364, 
367, 3(58, 479. 

Reduction of Revenue and Tax.\tion, 609, 626. 

Reeves, Henry A., Representative in 41pt Congress, 407, 
.508; resolution abolishing tariff on salt, 582. 

Registration in insurrectionary States under military 
reconstruction acts, 20O, 374. 



C44 



INDEX. 



RoiovAL OF DiSABiUTiES, vote ou, 393. 

Kepbeskntatio.v and DiBECT Taxes, proposed amend- 
ment, on, negatived, 104. 

Representation, proposed constitutional amendment 
on, lOi-Ki'i, 191; census tables on, 125; vote on mi- 
nority, 392, 393; on proposed apportionment of, 
5S;iKiSo; actual apportionment of, under census of 
ISOO. 5So. 

Kepresentatiox of Insurrectionary SxATrs, President 
Johnson's allusions to, oT-OlJ, 71, 72, 82, 130, 144, l.'i3. 
172; concurrent resolution upon, no<e. 72; majority 
and minority reports upon, 84-lol ; bills and propo- 
sitions relating to, 102-l()tj; resolution conoernins, 
lot); joint resolution regulating. 1S4; bills prescrib- 
ing terms of, 151, 191, 192, 335-337, 408, 072-009. 

Representatives in Thirty-ninth Congress and Claim- 
ants, 108, 100, 181, 182; in 40th, 182, 183, 347, 348; in 
41st. 407, 507. 

Republican >'ational Platforms of 185G, 1800, and 1804, 
35G-304 ; of 18CS, 304, 305. 

Repudi.vtion, resolutions on, 391, 392, 579. 

Resolutions, to create the joint committee on recon- 
struction, note, 72; on payment of the public debt, 
109; punishment of treason, 109; representation 
of the insurrectionary States, 109; elective fran- 
chise in the States, 110; test-oath, 110; test-oath 
for lawyers, 111 ; indorsement of President John- 
son's policy. 111; withdrawal of military forces, 
111; legal ell'ect of rebellion. Ill; recognition of 
State government of North Carolina, 113; trial of 
Jelferson Uavis, 113; the Fenians, 113; proposed 
impeachment of President Johnson, 187-190, 204- 
200; thanks toex-Secrelary Stanton, 350; condemn- 
ing President Johnson's repudiation plan, 391, 392; 
ourepudiation,579; purchasing bonds,o80; increas- 
ing currency, 580; tariff, 581; general amnesty,582; 
apportionment, 583-585. 

Restoration of Insurrectionary States, 152, 191, 192, 335- 
338, 572, 609. 

Revels. Hiram II., Senator in 41st Congress, 507. 

Revenue and Expenditures, from 180O, 375-377 ; receipts 
■ and reductions in, 009, 020. 

Reynolds, Arthur E., claimant to seat as Representa- 
tive in 39th Congress, 108. 

Rey.nolds, General J. J., assigned to fifth district, 422, 
424; relieved, 424; orders cessation military rule 
in Louisiana, convention tax to be paid, Texas not 
to send Presidential electors, is removed, rein- 
stated, test-oath, 429-130. 

Rhode Island, election of 180G.120; of 1807, 259; of 1808, 
372; of 1809, 500; on XlVth amendment, 194; on 
XVth amendment, 497,559; Senators and Repre- 
sentatives in 39th Congress, 107; in 40th, 182,347, 
383; in 41st, 407, 507; apportionment of currency 
in, 590; apportionment of representation under 
census of 1800,585; Presidential vote in 1800 and 
1804, 372; in 1808, 499; State elections in 1800, 1807, 
and 1808, 372. 

Bice, Alexander H., Representative in 39th Congress, 
108. 

RiCB, Benjamin F.,Senator in40th Congress, 347, 383; in 
41st, 407. 507. 

Bice, John H., Representative in 39th Congress, 108. 

Rice, John M., Representative in 41st Congress, 408, 

Riddle, George Read, Senator in 39th Congress, 107; 

death of, note, 182. 
RiDGWAV, Robert, claimant to seat as Representative 

in 39ih Congress, 108; Representative in 41st, 508. 
Rittee. Burwell C, Representative in 39th Congress, 

108. 

Roberts, O. M., claimant to seat as Senator in 39th Con- 
•_'ress, 182. 

Robertson. Thomas J., Senator in 40th Congress, 383; in 
41st, 407. 507. 

Robertson, William H., Representative in 40th Con- 
gress. 182, 347, 383. 

RoBteoN, George M., Secretary of the Navy, 400, 507. 

Robinson, Brevet .Major General J. C, order of, against 
wliippinp, 201. 

Robinson, Willia.m E., Representative in 40th Congress, 
182,347,383; motion to table impeachment resolu- 
tion, 190. 

Rockwell, Charlf.8 F., Brevet Captain, appointed treas- 
urer of Georgia, 320. 

Rogers, Anthony A. C, Representative in 41st Congress, 
408, 508. 

Rogers, Andrew J., Representative in 39th Congress, 
108. 

Rollins, Edward II., Representative in 39th Congress, 
1U8. 

Roots, Logan H., Representative in 40th Congress, 348, 
384; in 41st, 4<)8, 508. 

Ro89, Edmund G., Senator in 39th Congress, 181; in 40th, 



182, 347, .383; in 41st, 107, 507; motion on currouov 
bill. ,'■.90. 

Ross. LeWis \V., Representative in .39th Congress, 108; 

in 40th 183. 31**, 3S4. 
RoissFAU. Lovell H., Representative in 39tli Congress, 

108, 182. 

KuoER, Thomas II.. Brevet Brigadier General, appointed 
governor of Georgia, 320; relieved, 428. 

S 

Salt, vote on proposed reduction of duty on, 582; Ohio 

Pcmocrats im tariff on, 482. 
San Domi.noo Treaty, message as to, 511, 542. 
Sanders. George, President Johnson's order for arrest 

of, 8; order revoking rew.Trd for, 198. 
Sanford, Stephen, Representative in 41st Congress, 407, 

508. 

Sargint, Aaron A., Representative in 41st Congress, 
408. 508; motion on Northern Pacifie railroad bill, 
5(;9. 

Saulsbury', Willard, Senator in 39th Congress, 107; in 
40th, 1S2. 347. 383; In 41st, 407, 507; motion on cur- 
rency bill, 589. 

Sawyer, "Frlderick A., Senator in 40th Congress, 38:i; 
in 41st. 407, 507; motion as to the XVth amend- 
ment. 101. 

SAWYtR. Piiiletus. Representative in .39th Congress, 108; 
in 4i)th. 1S3, 34,S, 384; in 41st, 408, 508. 

SciiENCK. Kode':t C. Jiepresentative in 39tli Congress, 
108; in40lh, 182, 318,384; in 41st, 408, 508; proposi- 
tions on representation, 101,105; on Fenian reso- 
lution. 114; on suflrage in District of (;oiambia,115; 
on suspending payment f^ir slaves drafted or vol- 
unteered. 180,187; reintroduces public credit bill, 
413; reports substitute to Senate funding bill, Goi; 
funding motions, 003; reports hill to reduce inter- 
nal ta.Kos, 005; tariff amendment, OOO; statement of 
reductions under revenue act, 009. 

ScnoFiELD, John M.. Jhijor General, orders in North 
Carolina, 18; orders of. 200, 201 ; confirniation of, as 
Secretary of War, 204.347; action of, in reconstruct- 
ing Virginia, 310.317; Secretary of War, 383; note, 
407: assigned to department of'the Missouri, 425. 

Schumaker, John G., Representative in 4lst Congress, 
407, 508. 

ScHURz. Carl, General, resolutions of, at Chicago Con- 
vention, 3G0; .Senator in 41st Congress, 407, 507. 

Scofield, Glenni W., Representative in 39th Congress, 
108; in 40th, 182, ,318, 384; in 41st, 4' '7, 508; motions 
on apportionment, 5S5; on currency bill, 590. 

Scott, John, Senator in 41st Congress, 407, 507; motion 
on enforcing bill, 550; on Northern Pacific railroad 
bill. .508. 

Segar, Joseph, claimant to seat in 39th Congress, 107. 

Selye. Lewis, Representative in 40th Congress, 182,348, 
383. 

Senators in 39th, 40tli, and 41st Conaresses, and claim- 
ants, 107, 108, 181, 182, 347, 407, .507. 

Seward, William H., Secretary of State, 107, 181, 347, 
383; certificate of ratification of rT*'-slavery amend- 
ment, 0; telegrams to provisioned governors, 21,2.3, 
24,25,199; report on transmission of XlVth con- 
stitutional amendment. 83. 84; letter of, on General 
Grant's conversation with President Johnson, 290; 
certificate respecting ratification of XlVth consti- 
tutional amendment, ;J79; final certificate XlVth 
amendment, 417-410. 

Seymour, Horatio, nominated for President, 371; speech 
on accepting, 381: presidential vote, 499. 

Shanklin, George S., Representative in 39tli Congress, 

108. 

Shanks, John P. C, Representative in 40th Congress, 

183, .348. 384: in 41st, 408, 508. 

Sharkey, William L., appointed provisional governor 
of Mississippi, order for convention and President 
Johnson's telegram to, respecting action of, on slav- 
ery, elective "franchise, &o., 19, 20; claimant as 
Senator in 39th Congress, 107. 

Sheldon, Lionf.l A., Representative in 41st Congress, 
."■.08. 

Shemion, Porter, Representative in 41st Congress, 407, 

.508. 

Shellaharger, Samuel, Representative in 39th Con- 
gress, 108; in 40th, bs:!, 348, 384; motion on XlVth 
amendment. 400, 40G. 

SiiERiPAN. I'HiLip H., Major General, assigned to fifth 
distriet, 200; relieved, :^.23; orders under military 
reeeiistniction bill, 200, 207; report on condition 
ofTexas, note, 298; assigned todepartmont of Jlis- 
souri. ,300,345; letteis and orders on removal of, 
300-308, 345; orders and telegrams of and to, on re- 
construction, 308-310; to department of Louisiana, 
to division of the Missouri, 424. 



INDEX. 



645 



SHriiMAN, JouN, Senator in 30th Congress:, 107; in 40th, 
l«:i, :J47, lU"!; in 41st, 40", SOT; motion respecting 
Georgia, ;!lu ; telegram of Lieutenant General Sher- 
man to, ;M(;; motion on Texas bill, 679; reports 
currency bill, 587; motionstostrikeout nndinsert, 
588; on currency bill, 580, SCO; reports funclingbill, 
598; motions thereon, GuO; as to gross receipts, C07; 
on («eorgia bill. 01:;. 

fc>HERM.\N, William T., General, agreement with General 
Johnston, IJI, I'JJ; letter as to surrender of J. E. 
Jolmston, 501, .OOo; Lieutenant General, order as- 
signing to military divison of the Atlantic, lilO; 
nominated for brevet rank of general and telegram 
declined. olO. 

Shekrod, William C, Representative in 41st Congress, 
508. 

Shields, James, reports Illinois Central Railroad bill. 5G4. 

Shipping, message of President Grant on European 
war and American shipping, Glti. 

Shouer, Francis E., Representative in 41st Congress, 

7wtC. -107, 508. 

Sickles, Daniel E., Major General, order setting aside 
South Carolina code, 30-38; assigned to seconddis- 
trict, 2UU; oiders under military reconstruction 
bill, 202--JU4, 317; order relieving, 345. 

Sioux City and I'acific Railroad Company, United States 
bonds issued to. 503, 030. 

SiTG.".EAVES, Charles, Representative in 39th Congress, 
108; in 4Cth, 18i', ::548, 384. 

Sixteenth Amendment, to United States Constitution, 
proposed, 50(i. 

Slavery and Reconstruction, General Grant's views 
upon, 293, 298-304. 

Slaves, to suspend payment for, 186, 187; General 
Grant's orders respecting, 293, 294. 

Sloan, Ithamar C, Representative in 39th Congress, 108. 

Slocum, Henry W., Representative in 41st Congress, 4<J7, 
508. 

Smith, Green Clay, Representative in 39th Congress, 
108; resignation ot, 182. 

Smith, John A., Representative in 41st Congress, 408, 
508. 

Smith, Joseph S., Representative in 41st Congress, 408, 
508; motion on currency bill, 694. 

Smith, William H., appointed Go vernor of Alabama, 428 ; 
ordered to organize the legislature, 428. 

Smith, Willlam J., Representative in 41st Congress, 408, 
508. 

Smith, Worthington C, Representative in 40th Con- 
gress, 182, 347, 383; in 41st, 407, 507. 

Smyth, William, Representative in 41st Congress, 408, 
508. 

Snow, William D., claimant to seat as Senator in 39th 
Congress, 107; in iWh,note, 183. 

South Carolina, provisional governor appointed, 12; 
telegrams to and from, 22, 23, 24, and note; recon- 
struction steps in, 22-24; General Gillmore's order 
annulling Governor Magrath's call for a rebel legis- 
lature, 22; laws on freedmen and General Sickles's 
order thereon, 34-37; claimants in Congress, 107, 
108, 182; m-'cpart of second military district, 200; 
platform tf^Ct/arleston Republicans, 1807, 252, 253; 
orders and action of the military therein, 200-204, 
317-319; new constitution of. 332, 333; restoration 
to representation, 3:37; Representatives elect from, 
348; on XlVth. amendment, 194, 200,428; military 
rule ceases, 422, 428; vote on XVth amendment, 
497,498; claimants in 39th Congress, 107; in 40th. 
2d session, 348; Senators and Representatives in 
40th, 3d session, 383; in 41st, 407,507; apportion- 
ment of currency in, 590; apportionment of repre- 
sentation under census of 1800, 585; registration 
and disfranchisement under military reconstruc- 
tion act.s, 374; votes on constitutional convention 
and on ratifying constitution, 374; presidential 
vote in 1800. 392; in ISO'S, 499. 

Southern Unionists' Convention, call for, 124; resolu- 
tions of, 241. 

Spalding, Rufus P., Representative in 39th Congress, 
108; in 40tli, 183, 348, 384; motion to table impeach- 
ment resolution, 188; subsequent resolution, 205. 

Spangler, Edward, President Johnson's order for the 
execution of sentence upon, 7. 

Speed, Jamfs, resignation of, as Attorney General, 181; 
circular respecting Fenians, 18; action on habeas 
corpus for Lincoln's assassins, 260. 

Spencer, George E., Senator in 40th Congress, 383; in 
41st, 407,. 507. 

Spink, S. L.. resolution on tariff, 581. 

Sprague, William, Senator in 39th Congress, 107; in 
40th, 182, :«7,:383; in 41st, 407, 507. 

Standery, Henry, Attorney General, 181; of counsel of 
Andrew Johnson, 271; rejected on re-nomination, 
347. i 



Stanton, Edwin M., Secretary of War, 107, 181; reasons 
for revoking order offering reward for the arrest 
of Surratt and others, note, 198; request for resig- 
nation of, and reply, 201; order of suspension, and 
Senate vote upon, 201,202; order of removal, and 
Senate vote upon, 262, 203; letters to General Grant 
and to President Johnson, 201, 2(i2; letter an- 
nouncing that he had relinquished charge of the 
War Department, and order to General Townsend, 
20;j; President Johnson's order respecting orders 
of, 284; General Grant's letter to President John- 
son on removal of, 3O0-.'iO8 ; suspension of, as Sec- 
retary of War, 347; resolution censuring, 308; vote 
of thanks to. 350. 

Starkweather, Henry H., Representative in 40th Con- 
gress, 347, 383; in 41st, 407, 608. 

Starr, John F., Representative in .30th Congress, 108. 

State Banks, right of United States Government to 
tax,52:). .5;!0. 

State Pl.\tforms. of 1806, 123, 124, 240-243; of 1807, 243- 
250; of 1808, 304-308; of 1809, 478-488; of 1870, 622- 
624. 

State Prisoners, release of. President Johnson's order 
for, 199, 200. 

State Tax, on through passengers, 434-437. 

State Taxation, of national banks. 530-532. 

Statistical Tables, population, tariff, public lands, re- 
venue, eleciionreturns, taxation of national banks, 
registration and disfranchisement, expenditures 
of Governnient sundry years, and national debt 
statements. 12.5, 12r,, 370-377, 500-502, 025-630. 

State of Texas vs. liEOKGE W. White et al., opinion of 
Supreme Court of United States in case of, 448-456. 

Status of Texas, decision respecting, 448-456. 

Stearns, George L., President Johnson's interview 
with, 48, 49. 

Stephi Ns, Alexander H., claimant to seat in 39th Con- 
gress, 107; President Johnson's release of, 14. 

Stevens, Aaron F.. Representative in 40th Congress, 
182, :J47, 383; in 41st. 407, 607. 

Stevens, Thaddeus. Representative in 39th Congress, 
108; in 40th. 182. 348; allusions of President John- 
son to. 61, 135, 137, 140; resolutions on representa- 
tion, note, 72; propositions from Reconstruction 
Committee, 10.3-105; resolution on test-oath for 
lawyers, 111; motion not to recognize the North 
Carolina State government, 113; report and action 
in favor of impeachment. 265, 266; manager of 
impeachment. 271; death of. note. 384. 

Stevenson, Job E., Representative in 41st Congress, 407, 

508. 

Stewart, Alexanper T., nominated and confirmed as 
Secretary of the Treasury, and not eligible, note, 
400. 

Stewart, Thomas E., Representative in 40th Congress, 
182, 347, 38:3. 

Stewart, William M., Senator in .39th Congress, 107; in 
40th. 182, :347, 383; in 41st, 407, 507; motion respect- 
ing General Schofield's confirmation, 264; motions 
on XVth amendment, 400, 401, 404; moves substi- 
tute for enforcing bill, 552; funding motion, 601. 

Stiles. John D., Representative in 41st Congress, 407, 
508. 

Stillwell, Thomas N., Representative in 39th Congress, 

108. 

St. Martin, Loois, claimant to seat as Representative 

in ;39th I ongress, 108. 
Stockton, John P., Senator in 39th Congress, seat va- 
cated, note, 107, 181; in 41st, 407, 507. 
STOKr^, William B., Representative in 39th Congress, 

108, 182; in 40th, 348, ;384; in 41st, 408, 508; motion 

as to disability bill, 583. 
Sto.ve. Frederick, Repre?entative in 4€th Congress, 182; 

;348, 384; in 41st, 407. 508. 
Stoneman, (ieneral, removes Governor Wells and is 

himself removed, 425. 
Stoughtun, William L., Representative in 41st Congress, 

408, 508. 
Stover, John H., Representative in 40th Congress, note, 

384. 
Stbadee, Peter W., Representative in 41st Congress, 

407, 508. 

Strickland, Randolph, Representative in 41st Congress, 

408, .508. 

Strong, Julius L., Representative in 41st Congress, 407, 
608. 

Strouse, Myer, Representative in 39th Congress, 108. 

Stuart, Alexander U. H., claimant to seat as Repre- 
sentative in 39th Congress, 108. 

Stubbs, Jesse R., claimant to seat as Representative in 
.39th Congress, 108. 

Subsidies, land, legislation on, 563-572 ; table showing, 
625. 

ScFFBAOE, in District of Columbia, 114-116; veto of bill 



646 



INDEX. 



regulatrnp. copy of, and votes on passing and re- 
pa'Ssing, lo4-H;u; in Territories, 110, 117, IM; vt'te 
in C'omieeticut, 120; votes in Michigan. Ohio, Kan- 
sas, and Slinnesota, u.j:i; President Lincoln upon, 
note, 20: President Johnson upon, I'J, 20, 24, 4'j, 62- 
65, 154-1511, 258; proposed female and intelligenee- 
sufhage, ls4; in the insurrectionary States, 1>j2, 
l'J4, ;i27-isa4; XVtli amendment, 39'J; female, pro- 
posed, 500. 

Suffrage, Colored, resolutions of political conventions 
on, 124, 244, 248, 240, 478, 479, 480, 481, 482, 48:5, 484, 480. 

Sugar, Ohio JJemocrats on tarifl'on, 483. 

Bi'MMEU, Charles, Senator in 3'jth Congress. 107; in 40th, 
162, :i47, dS3; in 41st, 407, 507; allusions of President 
Johnson to, 01, 137; amendment to tenure-of-oitice 
bill. :;'JS; motion on XVth amendment, 402, 403; on 
public credit bill, 413; on currency bill, 58'J; to 
strike from naturalization laws tlie word "white," 
G18, Gist. 

Supreme Court of United States, opinions on habeas 
corpus, 209-220; test-oaths, 220-234; Mississippi in- 
junction case, 2:39, 240; proposed legislation re- 
specting, .350,351; opinions on State taxation of 
passengers, 43:3-437 ; State taxation of United States 
certificates of indebtedness, 4:i7-439; State taxation 
of United States notes, 439, 440; legal tender, 441- 
443, 5I1-.V23; express eontracts to pay coin,44:i-448; 
_^ — status of lexas, 448^56; the McCardle case, 450; 
validity of contracts in confederate money, 509- 
511; United States taxation of State banks, 52:5-5:;o; 
State government tax on national banks. 531, 532. 

BuRKATT, John H., order revoking reward for, I'.IS. 

SuRRATi, Mary E., President Johnson's order for the 
execution of sentence upon, 7; refusal of habeas 
corpus, 200. 

SURRE.NDER OF GENERAL JoSEPH E. JOHNSTON, tcrmS of, 

121, ,504, .505. 
SwANN, Thomas, Representative in 41st Congress, 407, 

508. 

BwAYNE, Noah H., Justice, dissenting opinion as to 

status of Te.xas, 450, 523. 
SWATNE, Wager, General, orders of, 204, 206, 319; order 

relieving, 340. 
Sweeney, Willlam N., Representative in 41st Congress, 

408, 508. 
Sweeny, T. W., Brevet Colonel, order respecting otfi- 

cers. 200. 
Sipher, J. Hale, Representative in 40th Congress, 348, 

384. 

T 

Iabeb, Stephen, Representative in 39th Congress, 108; 
in 40th, 182, 347, 383; amendment of homestead 
act, 110. 

Tables, showing population of each State in 1860, 125; 
vote in Uouse of Representatives on various tariff 
bills, 12<); election returns of 1800-1868, 372,499; 
taxation on national banks, 373; registration, dis- 
franchisement, and election returns in rebel States 
und<'r military reconstruction acts, 374; reveiwes 
since 1800, 375; expenditures since 1800, 375-377; 
showing public debt since 1857, 126, 259,374,500- 
502, C27-030. 

Taffe, John, Representative in 40th Congress, 183, 348, 
384 ; in 41st, 408, 508. 

Tanner, Adolphus H., Representative in 41st Congress, 
407, 508. 

Tauiff Policy, resolutions of political conventions on, 
24.3, 248, 307, 480, 482, 484. 

Tariffs, votes in House on all, since 1816, 126, 605-609. 

Taylor, Caleb N.. Representative in 40th Congress, 
182, ,348, :i84; in 41st, .508. 

Taylor. Joseph W., claimant to seat as Representative 
in :;9th Congress, l(i8. 

Taylor, Nathaniel G., Representative in 39th Congress, 

108, 182. 

Taylor, Nelson, Representative in 39th Congress, 108. 

Tax, power of State to levy on tlirough passengers, 
4:ii-4;;7. 

Taxation, State, upon United States certificates, 437- 
439; of United States notes, 439-443; of national 
baiik.s by State governments, .5:!0-5:i2; of State 
banks by United States Government, 52;!-5:30; re- 
ceipts from and reduction in, 020. 

Taxes, State, are they payable in United States notes, 
440-4-1:5. 

Tea and Coff: e. Ohio Democrats on tariff on, 483. 

Ten-forty JSonds. act authorizing the, ;554. 

Tenne88i:e. President Johnson's proclamation respect- 
ing suppression of insunection in, 13; franchise 
acts in, 27, 28. 2.j7, anfi President Johnson's tele- 
gram to (iovcrnor Brownlow respecting, 27, 199; 
legislation on freedmcn, 42, 43; joint resolution 



I restoring the relations of, to the Union, 10.5, 152; 
message of President Johnson in approval of, 152, 
153; admission of Senators and Representatives, 
181, 182; Governor Brownlow's proclamation re- 
specting a State guard, 208; legislature onXiVth 
amendment, 194; Republican and "Conservative" 
platforms of 1807, 24s, 249; vote on XlVth ainiuid- 
ment, 194; votes on XVth amendment, 498,500; 
claimants in :39th Congress, 107, 182; Senators and 
Representatives in loth, 347, 383; in 41st, 407, .007; 
apportionment of currency iu,. 590; apportionment 
of representation under census of 1800, 585; presi- 
dential vote in 1800, 372; in 18(i7, 372; in 1808, 499. 

Tenihe-of-office Act, 170; veto of, and votes upon, 
17:3-178, 397, :39S ; amendment passed, 413^15. 

Territories, elective franchise in, 110, 184. 

Terry, General A. H., order relative to vagrant laws of 
Virginia, 41, 42; to department of the South, 424; 
orders colored evidence received in all cases be- 
fore military courts, 425. 

Test-oath, action of North Carolina, requesting repeal 
of, 19; of Mississippi, 20; votes iu House on, 110, 
111,184; copy of, vote, 193: opinions of Supreme 
Court on. 220-210; in Virginia, 425,420; Georgia, 
428; Mississippi, 429; Texas, 4:50. 

Texas, provisional governor appointed, 12; action of 
convention, 18; laws on freedmcn, 43; claimants 
to seats in Congress, 184; legislature on XlVth 
amendment, 194; General Grant on martial law in, 
298; (jeneral Sheridan's report on condition of, • 
note, 298; resolutions of convention of, 325; im- 
portant military order in, :wO; on XlVtli amend- 
ment in 1800, 194; claimants in 39th Congress, 182; 
in 41st, ,507; apportionment of currency in, 590; 
apportionment of representation under census of 
1800, 585; presidential vote in 1800, 372; in 1808, 
499; registration and disfranchisement and vote 
on constitutional convention, 374; Texas (Virginia 
and Mississippi) bill, 408-410; orders as to taxa/- 
tion. Presidential election, constitutional conven- 
tion, apprenticeship and tuition of children, real 
estate sales, education fund, test-oath, 429, 430: new 
constitution. 430-432; status of the State, 448-450; 
President Grant's proclamation for election, 505, 
500; XVth amendment, 498, 500; text of and votes 
on act to admit. 577, 579; under civil authority, 579. 

Thayer, John M., Senator in 40th Congress, 182, 347, 
383; in 41st, 407, 507. 

Thayer, M. Russell, Representative in 39th Congress, 

108. 

Tho.mas, Francis, Representative in 39th Congress, 108 ; 
in 40th, 182, ;;48, :;.s4. 

Thomas, Georue H., M.sjor General, assigned to third 
district and revocation of, 200; various orders 
respecting, 200, 306, 307, 344; telegram of, de- 
clining brevet, 340; assigned to 5th district. 306; 
revocation of, 308; assigned to division of the 
Pacific, 425. 

Thom.^s, John L., Jr., Representative in 30th Congress, 
108. 

Thomas, Lorenzo, letter of authority as Secretary of 
War, ad interim, 20'.; acceptance of, 203. 

Thomas, PuiLi I' Francis, not admitted as Senator from 
Maryland, note, 182. 

Thompson, Jacob, President Johnson's order for arrest 
of, 8; memorial of legislature of Mississippi for 
pardon of, 20; orrler revoking reward for, 198. 

TnoR.NTON, Anthony, Representative in 39th Congress, 
108; resolution on elective francliise, 110. 

TflOEiNGToN vs. Smith, opinion of Supreme Court United 
States in ease of, 509, 

Throckmorton, J. W., Governor, General Grant's tele- 
gram to, 310; President Johnson's telegram to, 
199; removed as governor of Texas, 323. 

Thcrman, Allkn G., Senator in 41st Congress, 407, .507; 
motion on public creditbill. 413; amendments to 
Northern Pacilic railroad bill, 507, 508; motion on 
curreney bill as to rate of discount allowed, 590; 
to ta.x interest on bonds, C07. 

Tift, Nelson, Representative in 40th Congress, 348, 
384. 

Tillman, Lewis, Representative in 41st Congress, 408, 
608. 

Tipton, Thomas W., Senator in 40th Congress, 182, 347, 
383; in 41st, 407, 507. 

Townsend, E. D., General, order of Secretary Stanton 
to, 204. 

Townsend, Washington. Representative in 41st Con- 
gress, 407, 508; fundiniz motion, 003 

Treason, resolution on punishniont of, 109. 

Treaty, message as to San Uomingo, 541, 542. 

Trenholm, George A., President Johnson's release of, 
14. 

Trimble, John, Representative in 40th Congress,348,381. 



IISTDEX. 



647 



TniMm.E, Lawrence S , Representative in 30th Congress, 
1(18; iii4;;tli.:;:s,oS-l; in 41st,'!(iS,5(i8; motion to table 
bill rrspecting eontiscated lands, 187. 

Trowuhidg::, PiOWland E , Uepresentativo in oOth Con- 
gress, 1U8; in 'loth, mi. 348, 38-1. 

TuuaiDULL, Lymax, Sciiator in 39th Congress, 107; in 
4uth. 182, 347, 383; in 41st., 407, 507 ; motion respect- 
ing Alabama, 341; bill to amend tenure-of ofliee 
act, 414; reports apportionment bill and moves to 
amend, 584; moves direct vote of Senate on Chi- 
nese naturalization, (ilO. 

Tucker, B:;vEnLY, President Joiinson's order for arrest 
of, 8; order revoking reward for, 198. 

'ruBNEK, JosiAu, Jr., claimant to seat as Representative 
in 39th Congress, 108. 

TwicHELL, GixERT, Representative in 40th Congress, 
18-', 347, 383; in 41st, 407, 508. 

ITyner. James N., Representative in 41st Congress, 408, 
008. 

IT 

Underwood, John C, President Johnson's reply to ad- 
dress of, 47; claimant to seat in 39th Congress, 107; 
Judge, dissenting opinion in the Caesar Griffin 
case, 402-400. 

Union Pacific Railroad Company, United States bonds 
issued to, 503, 030. 

Union Pacific Railroad Company, Eastern Division, 
United States bonds issued to, 503, 030. 

Union Pacific Railroad bill, 5G4, 5C5; bonds, 503. 

United States Bonds, resolutions of political conven- 
tions as to payment of and tax on. ,304, 307, 480, 482. 

United States Certifcatis of Indebtedness, State taxa- 
tion upon, 437; notes. State taxation on, 439-443. 

Upson, Charles, Representative in 39th Congress, 108; 
in 40tli, 18.3, 348, 384. 

Upson, William H., Representative in 41st Congress, 
408, 508. 



Validity, of contracts in confederate money, 509-511 ; 
of XlVth and XVth amendments, 583. 

Van Aernam, Henry, Representative in 39th Congress, 
108; in 40th, 182,348,383. 

Van Auken, Daniel M., Representative in 40th Con- 
gress, 182, 348. 384; in 41st, 407, 508. 

Van Horn, Burt, Representative in 30th Congress, 108; 
in 40tli, 182, 348, 383. 

Van Hor.N, Robert T., Representative in .39th Congress, 
108; in 40th, 183, 348, 384; in 41st, 408, 508. 

Van Trump, Philadelph, Representative in 40th Con- 
gress, 183, ;i48, 384; in 41st, 408, 508. 

V.AN Winkle, Peter G., Senator in 39th Congress, 107; 
in 40th, 182, 347, 383. 

Van Wyck, Charles H., Representative in 40th Con- 
gress, 182, 347, 383; in 41st, note, 508. 

Veazie ISank vs. Fenno, opinion of Supreme Court Uni- 
ted States in case of, r.23-527. 

Vermont, Republican and Democratic platforms, 484; 
on XlVtIi amendment, 194; XVth amendment, 498, 
SCO; Senators and Representatives in .39th Con- 
gress, 107; 40th, 182, 347, 383; in 41st, 407, 507; ap- 
portionment of currency in, 590; apportionment of 
representation under census of 1800, 585; Presiden- 
tial vote in 18G0 and 1804, 372; in 1808, 499. 

ViCKERS, George, Senator in 40th Congress, note, .347, 
383; in 41st, 407, 507; motion on XVth amendment, 
401; on enforcing bill, 550; on currency bill, .589. 

ViDAL, BIichel, Represent,ative in 4oth Congress, 348, 
384. 

Virginia, order to re-establish authority in. 8, 9; call 
for meeting of rebel legislature and Mr. Lincoln's 
telegram forbidding, 25; legislation in, 20, 27; 
freedmen's code and General Terry's order set- 
ting aside, 41, 42; claimants to seats in Concress, 
107, 108; vote by legislature of 1SG7 on XlVth 
amendment, 194; Republican platform of 1807, 253, 
254; Virginia resolutions of 1798, 2.50, 257; order 
creating it the first military district, 200; orders 
and action of the military therein, 200, 310,317; 
Henry H. Wells appointed governor. 317; new con- 
stitution of, .3:!3; Mississippi and Texas bill, 408- 
410; President Grant's election proclamation, 420, 
421; military orders as to test-oath, colored police- 
men, removing Governor Wells, reinstating him, 
re-appointment of military officers to civil offices, 
registration and election officers, stay law ex- 
tended, to prevent election frauds, Canby's letter 
ju.stifying his test-oath order, 42.')-427; judicial 
opinions in Ctesar Griffin case, 457-400; Republi- 
can and Democratic platforms, 484-487; election 
of 1809,500; Daniel's dispatch to President Grant, 



50G; act of admission and votes on, 572-570; act to 
amend said act, 570; under civil authority, .579; 
vote on XVth amendment, .500; claimants in 39th 
Congress, 107; Senators and Representatives in 
41st'congrcss, .507; apportionment of currency in, 
590; apportionment of representation vmder cen- 
sus of 1800, 585; presidential vote in 1800,372; in 
1808, 499; registration and disfranchisement in 
and vote on constitutional convention, 374. 

VooBHEES, DANirL W., Representative in 39th Congress, 
unseated, note. lOK; in 41st, 408, .^OS; resolution in- 
dorsing President Johnson's policy. 111. 

VooRKis, Albert, elected lieutenant governor of Louis- 
iana, 28. 

w 

Wabash and Erie Canal, bill, of 1827, 503. 
Wade, Benjamin F, Senator in 39th Congress, 107; in 
40th, 182, 347, 383; President of the Senate and act- 
ing Vice President, 182, 347, 383. 
Walkup, S. H., claimant to seat as Representative in 
39th Congress, 108. 

Wallace, Alexander S., Representative in 41st Con- 
gress, .508. 

Ward, Andrew H., Representative in 39th Congress, 182. 

Ward, Hamilton. Representative in ;!9th Congress, 108; 
in 40th, 182, ;548, 383; in 41st, 407, 508; on committee 
to prepare articles of impeachment, 2C0; motion 
on currency resolutions, 580; resolution abolish- 
ing tariff on coal, 582. 

Warmoth, Henry C, claimant to seat as delegate in 39th 
Congress, 108. 

Warner, H^am, Judge, dissenting opinion in White 
vs. Georgia, 471-474. 

Warner, Samuel L., Representative in 39th Congress, 
108. 

Warner, Willard, Senator in 40th Congress, 383; in 
41st, 407, 507; motions, XVth amendment, 401, 403; 
on currency bill, 588; moves amendment to natu- 
ralization bill. 019. 

Wasoington Territory, Republican and Democratic 
platforms, 487, 488; election of 1809,500; appor- 
tionment of currency in, 590. 

Washburn, Cadwallader C, Representative in 40th Con- 
gress 183,348,384; in 41st, 408, 508. 

^yASIIBURN, Hknby D., Representative in 39th Congress, 
108; in 40th, 183,348, 384; bill to repeal tenure-of- 
officc act, 398. 

Washburn, William B., Representative in 39th Con- 
gress, 108: in40th, 182, 347, 383; in 41st, 407, 508. 

Washburne, Ellihu B., Representative in :Wth Congress, 
108; in 40th, 183; note. ?,iS,'iSi; in 41st, resignation 
of. note, 408; General Grant's letter to, on slavery 
and reconstruction, 294; on results of 'peace on 
any terms," 295; Secretary of State, note, 40G. 

Webb, General A. S., to first military district, reinstates 
Governor Wells, appoints military men to civil 
office, is relieved, 425, 420. 

Weitzel.G., Major General, approval of call for meeting 
of Virginia legislature and President Lincoln's 
telecram annulling, 20. 

Welch, Adonijaii S., Senator in 40th Congress, 347, 383. 

Welker, Martin, Uepresent.ative in .39th Congress, 108; 
in 40th, 183, 348, 384; in 41st, 408,508; motion on 
Northern Pacific railroad bill, 509. 

Welles, Gid::ox, Secretary of the Navy, 107, 181, 347, 
383; letter of. on General Grant, 290. 

Wells, Erastus, Representative in 41st Congress, 408, 
508. 

Wells. Henry H.. appointed governor of Virginia, 317; 
removed and reinstated, 425. 

Wells, J. Madison, elected as governor of Louisiana, 
28: removal of, 323. 

Wentworth, John, Representative in 39th Congress, 
108. 

W'est, a. M., claimant to seat as Representative in 39th 
Coneress. 108. 

Western Pacific Railroad Company, United States bonds 
issued to, 503, 0.30. 

West Virginia, bill to transfer Berkeley and Jefferson 
counties to, 110; electionof 1800, on disfranchising 
amendment, 120; vote of legislature on XlVth 
amendment, 194; on XVth amendment, 498; Sen- 
ators and Representatives in 39th Congress, 107; 
in 40th, 182, 347, :«3; in 41st, 407, .507; apportion- 
ment of currency in, .590; apportionment of repre- 
sentation under census of 1800,585; presidential 
vote in 1804, 372; in 1808,499; State vote in 1800, 
372. 

Whaley, Kelliax v.. Representative in 39th Congress, 
108. 

Wheaton, Charles, Captain, appointed comptroller and 
secretary of state of Georgia, 320. 



648 



INDEX. 



Cl^ ^^■-i.'-cl 



Whkeler, William A., Ilcprci-cntative in Ust Congress, 

4(17. 508. 
\V HIPPER. Wsi.. repl.t of, to rre.sidont Johnson. 5G. 
Wiiippi.NO OF THE I'r.iisoN, order proliiliiting, in Virgini.i, 

Uini, 2(11; ol.'^cwlicre, 201. 
WiimioitE, George W., Keprescntativc in 41st Con- 

prps.s, .los. 
Whittemoue. Benjamin F., Representative in 40th Con- 
press, 'Mi<, 384; in 41st, 407; motion as to perjury, 

674; resignation of, no^c, 508. 
Whyte. William Pinckney, Senator in 40th Congress, 

3S3. 
Wiley. J. McCaieb, claimant to seat as Representative 

in :!Oth Congress, 182. 
Wilkinson, Morton S., Representative in 41st Congress, 

408. 508. 
WiLLAUD. Charles W., Representative in 41st Congress, 

407, 507. 

WiLLEY, Waitman T., Senator in 39th Congress, 107; in 
40th, 182, :J47, 383: in 41st, 4o7, 507 ; amendment to 
sull'rage bill. 115^110; motion on eonfirining Gen- 
er.il Schofield, 204; resolution condemning Presi- 
dent .lolinson's repudiation plan,3'Jl; motion on 
enforcing bill, 5.'')0; on Mississippi bill, 577. 

Williams, George H., Senator in 39th Congress, 107; in 
40th, 182, 347, 383: in 4K«t,407, 507; motion respect- 
ing certain constitutions, 340, 341; motion XVth 
amendment, 401; on enforcing hill, f-SC; resolution 
on currency, 580; on Georgia bill, G12; as to natu- 
r.alization of Cliinese, G19. 

Williams, Thomas, Representative in 39th Congress, 
108; in 40th, 182, 348, 384; one of the managers of 
the impeachment of Andrew Johnson, 271; reso- 
lution on withdrawing military force, 111; bill to 
restore confiscated lands, 187; proposition relative 
to Supreme Court, 350. 

Williams, William, Representative in 40th Congress, 
183, 348, 384; in 41st, 408, .WS; motion on Northern 
Pacific Railroad bill, 572; resolution as to cur- 
rency, 5S0. 

Williamson, G., claimant to seat as Senator in 40th 
Congress, 183. 

7riLsoN,TEi'GENE M,, Representative in 40th Congress, 

408, .WS. 

Wilson, Henry, Senator in .39th Congress, 107; in 40th, 
182, 347, 383; in 41st, 407, .507; motion respecting 
Secretary Stanton's removal, 203; motion respect- 
ing Alabama, 340; vote of, for Vice President, 3G(i; 
motions, XVth amendment, 401, 402, 403, 404; 
amendment to Virginia bill, 575; motion on North- 
ern Pacific railroad bill, 507; on cuwency bill, 
90; funding, 000, 001; income tax, 607; Georgia 
bill, G12. 

Wilson, Jaj«gs F.. Representative in 39th Congress, 108; 
in 40th, 183, .348, 384; proposition relative to rebel 
debt, 100; resolution on representation, 109, 110; 



amendment to suffrage bill, ll-!; report on im- 
peachment. 188, 189; second report, 204; on com- 
mittee to prepare articles of impeachment, 2GG, 
and manager of impeachment, 271. 

WiLsciN, John T., Representative in 4oth Congress, 183, 
;'.48, :;-M; in 4 1st, -108, .'i(i8. 

Wilson, Stepiiin F., lieirrtstntative in ."/.ith Congress, 
108; in -loth, 182, .048, :>84. 

WiNANs, James J., Uepros»iitntivc in 41st Congrets, 
408, 508. 

Winchester, Boyd, Representative in 41st Congress, 408, 
508. 

WiNDOM, William. Representative in 39tl» Congresr, lOS; 
in 40th, 18.1,348.384. 

WiNFiEin, Charles H., Representative iu .19th Congress, 
108. 

Winston, John A., claimant to seat .as Senator in 40th 
Congress. 183. 

Wisconsin, vote on XlVth amendment, 104; on XVth 
amendment, 498; Senators and Rcpre.'^cntativcs in 
39th Congress, 107; in 40th, 182, .347, .383; in 41st, 
407, .507; apportionment of currency in. 590; appor- 
tionment of representation under census of 1800, 
585; presidential vote in 1800 and 1SG4, .372; in 18G8, 
499. 

WiTciiER, John S., Represent.ative in 41st Congress, 408, 
.008. 

WoFFORD, W. T., claimant to seat as Representative in 
39tli Congres.?, 108,182. 

Wood, Fernando, Representative in 40tVi Congress. 182, 
347,383; in 41st, 407. 5<i8; motion to admit Texas 
without conditions, 078; motion on taritt, 5S1 ; on 
funding bill, G0.3. 

WooDBRiDGE, Fredeiiick E., Representative in 39th Con- 
gress, 108; in 40th, 182, 347, 383; motion respecting 
Alabama, 340. 

Woodwatd. George W., Representative in 40th Congress, 
riofe, 348, 384; in 41st, 407, .508; motion to tax bonds, 
005. 

Worth, Jonathan, elected Governor of North Carolina, 
19. 

Wright, Edwin R. V., Representative in .39th Congress, 
108. ^■■, 

Wright. William, Senator in 39th Congress, 107; ^eath 
of, 181. 

Wylie, Andrew. Justice, opinion on test-oath. 236-239 ; 
action in the habeas corpus in the case of Mrs, Sur- 
ratt, Payne, and Atzerodt, 200. 



Yates, Richard, Senator in 39th Congress, 107; in 40th, 
182. 347,383; in 41st, 407,507; motion respecting 
Secretary Stanton's removal, 2G3. 

Young, Pierce M. B., Representative in 40th Congress, 
348, 384. 






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